Recommendation 98: Increase use of criminal compensation orders

The Ministry of Justice has 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 CPS in respect of guidance for prosecutors. It is our collective view that the guidance referred to above is sufficient and that judges will already be aware of their sentencing powers, including the power to make a compensation order instead of, or in addition to, dealing with an offender in any other way. In addition, prosecutors will be ready to assist the court by drawing the court’s attention to its powers to award compensation and inviting them to make an order where appropriate, and if they have the evidence to do so. However, we believe it may be helpful to explore our understanding of the reasons why courts make low numbers of compensation orders in cases of child sexual abuse. For example, one reason may be that such cases are very complex and the Inquiry’s report correctly identifies that “The courts have made clear that CCOs [criminal compensation orders] should only be used in simple and straightforward cases, where the amount of compensation can easily be calculated”. As such we propose to undertake further exploration to better understand the reasons behind the low use of this power. Once we have completed this work, we will then consider what steps to take, including whether further guidance would assist. We will provide the Inquiry with a substantive response on our conclusions in due course.