영국의 범죄피해자보상제도에 대한 소고

Abstract

At the start of the 21st century, the UK has one of the most developed arrangements for victims protection and compensation. In the UK the criminal victim may be able to get compensation from the criminal through a criminal court(Compensation Order) or from the government if you are the victim of a violent crime(Criminal Injuries Compensation Scheme). First, both the magistrates and the Crown Court have a discretionary power to make an order requiring a convicted defendant to pay compensation for any personal injury, loss or damage resulting from the offence in accordance with the provisions of the Power of Criminal Courts (Sentencing) Act 2000. The maximum sum that can be awarded by magistrates is £5,000 in respect of each offence. the Crown Court can order an unlimited sum to be paid as compensation. An order can be made in favour of the relatives and dependants of a deceased person, in respect of bereavement and funeral expenses. A compensation order can be imposed alongside a separate sentence or as a penalty in its own right. Where both a fine and a compensation order are appropriate but the offender lacks the means to pay both, the compensation order payments will take priority. In making the order, the court must have regard to the defendant's means. The offender may apply for review of the compensation order at any time before the whole of the money under the order has been paid. Second, a restitution order is designed to restore to a person entitled to them goods which have been stolen or otherwise unlawfully removed from him, or to restore to him a sum of money representing the proceeds of the goods, out of money found in the offender's possession on apprehension(the Power of Criminal Courts (Sentencing) Act 2000, s.148). There is no requirement under these provisions that * Researcher of the Institute for Legal Studies of Sungkyunkwan University, ph.D. in Law 232 ❚ 피해자학연구 제20권 제2호(2012. 10)account should be taken of the offender's means. Third, the Criminal Injuries Compensation Scheme is a fund which has been set up by the government to provide compensation to people who have suffered personal injury as a result of an assault or other violent offence which has been committed against them. Getting compensation form the scheme does not depend on someone being convicted of a criminal offence. The fund is controlled by the Criminal Injuries Compensation Authority, which is a government organisation responsible for processing claims for compensation and deciding how much compensation should be awarded in each individual case. Financial loss can include lost earnings due to time being off work, medical bills and expenses and the cost of providing special equipment to help rehabilitate you after your injury. The Criminal Injuries Compensation authority has a minimum award of £1000 and if the injury and financial loss are worth less than this, the applicant will not receive any compensation. The maximum award which the tribunal can make is £500,000. It is possible to appeal against a decision not to award compensation, or to limitthe amount of compensation awarded. When a decision is appealed, the authority will first arrange for a review. If the review results in the same outcome as the original decision, it is possible to appeal against the decision to the First-tier Tribunal.