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With effect from 1st April 1996, the Government intends thats the new tariff-based scheme for compensating victims of crimes of violence will come into force. This scheme, authorized by the Criminal Injuries Compensation Act 1995, replaces the common law basis of assessment used under the old scheme, and greatly reduces the discretion formerly exercised by the Criminal Injuries Compensation Board. The new book deals with the new scheme's procedures, conditions of eligibility, the definition of criminal injury, the range of qualifying, injuries and of eligible persons and the assessment of compensation. operation since 1964. . Full statutory and related texts are also included.
A practical and comprehensive guide to making a claim under the government's tariff based scheme for compensating victims of violent crime. Divided into three sections - eligibility, assessment of compensation, and the procedural aspects of the scheme - it provides a one-stop source of information for all those practising in this field.
"[This book provides] analysis of the statutory provisions governing these various remedies. Part One, state compensation, analyses the scheme's defining provisions: what constitutes 'a criminal injury', what persons and injuries may be compensated, the rules governing the victim's own conduct and character, the assessment of the award, and the procedures governing applications, appeals and judicial review. Part two, offender compensation, analyses the conditions under which a criminal court may make a compensation order as an element of its sentencing decision, concluding with the potential of restorative justice to deliver offender compensation to victims. The book also touches on the wider political and criminal justice context of compensation."--
The Criminal Injuries Compensation Scheme is a government funded scheme to compensate blameless victims of violent crime. Money (an award) is paid to people who have been physically or mentally injured because they were the blameless victim of a violent crime. This current Scheme introduced on 27 November 2012 applies to any application made on or after that date (for any applications made before then different rules may apply). The Scheme is for people injured in England, Scotland and Wales (Great Britain) and the rules of the Scheme and the value of the payments awarded are set by Parliament. Payments are calculated by reference to a tariff of injuries. Claims are considered for the following: personal injury following a single incident; personal injury following a period of abuse; loss of earnings; special expenses payments - to cover specific injury-related requirements which are not available free of charge from any other source; fatal injuries, including loss of parental services and financial dependency; and funeral payments.
"Who qualifies, how to qualify, how to apply, how much is available, rights of relatives, who to contact"--Cover.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Justice for Victims brings together the world’s leading scholars in the fields of study surrounding victimization in a pioneering international collection. This book focuses on the current study of victims of crime, combining both legal and social-scientific perspectives, articulating both in new directions and questioning whether victims really do have more rights in our modern world. This book offers an interdisciplinary approach, covering large-scale (political) victimization, terrorist victimization, sexual victimization and routine victimization. Split into three sections, this book provides in-depth coverage of: victims' rights, transitional justice and victims' perspectives, and trauma, resilience and justice. Victims' rights are conceptualised in the human rights framework and discussed in relation to supranational, international and regional policies. The transitional justice section covers victims of war from those caught between peace and justice, as well as post-conflict justice. The final section focuses on post-traumatic stress, connecting psychological and anthropological perceptions in analysing collective violence, mass victimization and trauma. This book addresses challenging and new issues in the field of victimology and the study of transitional and restorative justice. As such, it will be of interest to researchers, practitioners and students interested in the fields of victimology, transitional justice, restorative justice and trauma work.
Agent Orange, the 9/11 Victim Compensation Fund, the Virginia Tech massacre, the 2008 financial crisis, and the Deep Horizon gulf oil spill: each was a disaster in its own right. What they had in common was their aftermath -- each required compensation for lives lost, bodies maimed, livelihoods wrecked, economies and ecosystems upended. In each instance, an objective third party had to step up and dole out allocated funds: in each instance, Presidents, Attorneys General, and other public officials have asked Kenneth R. Feinberg to get the job done. In Who Gets What?, Feinberg reveals the deep thought that must go into each decision, not to mention the most important question that arises after a tragedy: why compensate at all? The result is a remarkably accessible discussion of the practical and philosophical problems of using money as a way to address wrongs and reflect individual worth.