S v Criminal Injuries Compensation Appeal Panel & Anor

(b) where the criminal injury was sustained before 1 October 1979 and the victim and the assailant were living together at the time as members of the same family...".

"... According to the Courts established case law, Article 14 complements the other substantive provision of the Convention and the Protocols. It has no independent existence since it has effect solely in relation to 'the enjoyment of the rights and freedoms' safeguarded by these provisions. Although the application of Article 14 does not necessarily presuppose a breach of these provisions - and to this extent it is autonomous - there can be no room for its application unless the facts at issue fall within the ambit of one or more of the latter ". (My emphasis).

[123] Woods v Secretary of State for Scotland concerned a refusal by the Scottish Education Department to pay a student allowance as no application for one had been received by the closing date. It appeared that one had been sent but was not acknowledged. The Statute and Regulation governing allowances made no reference to any closing date for application. There was a Guide Booklet which did, but this had no statutory force.

[126] Gustafson v Sweden concerned a claim for compensation following the applicant having been a victim of a kidnapping and extortion. The applicant himself had a criminal record and on appeal the kidnapper's conviction was quashed. The claim for compensation was rejected and the applicant then alleged a breach of Article 6(1).

"... (1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights...