Criminal Injuries Compensation Scheme continues to fail victims and survivors of trafficking and modern slavery
/ATLEU has responded to the Ministry of Justice’s latest consultation on potential changes to the scope and time limits of the Criminal Injuries Compensation Scheme.
Although the Scheme was amended in 2012 to explicitly include survivors of trafficking, few are able to access the Scheme and fewer still are able to obtain a compensation award.
For many victims and survivors of trafficking and modern slavery, an application to the Criminal Injuries Compensation Scheme is the only route to obtain compensation. This is because these survivors are unable to identify their trafficker, their trafficker will have no significant assets or have dissipated their assets, or they are too vulnerable to contemplate further legal proceedings.
ATLEU’s submission to the government highlights the many barriers for survivors of trafficking and modern slavery. These include:
Trafficking and modern slavery are not defined as crimes of violence under the Scheme, despite being defined as such under the Modern Slavery Act 2015.
The operation of a two year time limit from the criminal injury suffered is very difficult for survivors due to trauma, lack of knowledge about the Scheme, lack of help available to submit an application, fear of traffickers and/or authorities, and the challenge of ensuring that a survivor’s most basic needs are met.
The unspent conviction rule. Many survivors have convictions for crimes they were compelled to commit in the course of their exploitation, but there is currently no discretion for the Criminal Injuries Compensation Authority (CICA) to look at the circumstances of these.
CICA is able to withhold awards of compensation where an application is deemed as having failed to cooperate with criminal investigations.
Applications to the Scheme really require legal advice but are expressly out of scope for legal aid.
The Scheme is also beset with lengthy delays. Our 2020 report highlighted that the amount of time needed to obtain funding and an initial decision from Criminal Injuries Compensation Authority has seen clients die before the conclusion of their application. Since this report, a further two of our clients have died waiting.
Access to a compensation award can be life changing for survivors of trafficking and modern slavery, giving financial security to rebuild their lives and reduce vulnerability to further exploitation. It is therefore crucial that these barriers are remedied by:
Amending the definition of a ‘crime of violence’ to include the act of human trafficking and modern slavery and related non-contact offences
Amending the time limit to seven years for all applicants to the Scheme
Removing the ‘unspent conviction rule’
Removing the requirement to cooperate with the police
Introducing specific comprehensive guidance on trafficking and modern slavery and how the Scheme should be interpreted by the decision-makers
Bringing advice on applications to the Criminal Injuries Compensation Scheme within the scope of legal aid.
