G v The First-tier Tribunal (interested party: Criminal Injuries Compensation Authority) (Criminal Injuries Compensation : reduction and withholding of awards)

Decision: � Under section 15 of the Tribunals, Courts and Enforcement Act 2007, I make a quashing order in respect of the decision of the First-tier Tribunal (14 th October 2014, Cardiff, file reference X 03/259869 ) on the ground that there has been an error of law. Under section 17(1)(b) of the 2007 Act, I substitute the decision set out at the end of these reasons.

Although the Criminal Injuries Compensation Authority (CICA) supports this claim, the issue on which CICA and the Applicant now agree may be of wider interest. It concerns the implications for the reduction of criminal injury compensation awards, on the ground of an applicant�s �character�, of the amendments to the rehabilitation (or spent conviction) provisions of the Rehabilitation of Offenders Act 1974. Those amendments were made by the Legal Aid, Sentencing and Offenders Act 2012 and came into force on 10 th March 2014.

Mr G was born in the mid-1970s. It is not disputed that in 2003 Mr G was the victim of a crime of violence, an assault, in which he suffered serious head injuries.

Mr G applied for compensation under the 2001 criminal injuries compensation scheme. He made his application on 1 st October 2003. There is a long history to Mr G�s claim which I do not need to recount save to note that CICA accepted that, in principle, Mr G was entitled to an award under the 2001 scheme. However, a CICA claims officer also decided that the 2001 scheme called for a reduction in Mr G�s award. Mr G appealed to the First-tier Tribunal (�the Tribunal�).

The relevant issue for the Tribunal was whether an award should be withheld or reduced because of Mr G�s character. Paragraph 13(e) of the scheme provides: