HL Deb 10 February 2003 vol 644 cc57-8WA
Lord Campbell-Savours

asked Her Majesty's Government:

What proposals they have to compensate fully persons prosecuted and imprisoned for rape where the accused subsequently withdraws the allegation and the accused has been detained. [HL1487]

The Minister of State, Home Office (Lord Falconer of Thoroton)

Her Majesty's Government have prepared under certain specified circumstances to pay compensation to those wrongfully convicted or charged with criminal offences such as rape. There are two schemes available. The statutory scheme (Section 133 of the Criminal Justice Act 1988) complies with our international obligations (Article 14(6) of the International Covenant on Civil and Public Rights). The terms of the ex-gratia scheme are as set out in the then Home Secretary's statement to the House of Common on 29 November 1985.

While my right honourable friend the Home Secretary takes the final decision as to whether an applicant qualifies for payment, an independent assessor determines the amount of the award in all cases. The assessor (currently Lord Brennan) in considering claims applies principles analogous to those on which claims for damages arising from civil wrongs are settled.