Increase use of criminal compensation orders
The Ministry of Justice should consult with the Sentencing Council, the Judicial College, the Crown Prosecution Service and other relevant bodies, in order to increase the use of criminal compensation orders, where appropriate, in cases involving child sexual abuse by, amongst other things, implementing guidance for the judiciary and prosecutors in the Crown Courts and Magistrates' Courts.
How was this assessed?
Response
Accepted
Response
AcceptedOn 6 April 2020, the Ministry of Justice stated that it had consulted with the Judicial College and the Sentencing Council in respect of implementing guidance for the judiciary in the Crown Court and Magistrates' Courts, and with the Crown Prosecution Service in respect of guidance for prosecutors. The Ministry of Justice stated that relevant guidance is sufficient. The Ministry of Justice also stated that it would explore its understanding of the reasons why courts make low numbers of compensation orders in cases of child sexual abuse. On 4 May 2022, the Ministry of Justice stated that it found courts make low numbers of criminal compensation orders in cases of child sexual abuse as: (a) the level of financial recompense provided by a criminal compensation order is unlikely to reflect the damage and trauma suffered by a victim, (b) the payment process for financial impositions may deter pursuit of a criminal compensation order, and (c) quantification of compensation in cases of child sexual abuse is often difficult and complex. The Ministry of Justice also confirmed that the Crown Prosecution Service and Sentencing Council have strengthened their guidance on criminal compensation orders and that the Ministry of Justice will publish updated pages on gov.uk to clarify the different types of compensation.