![[2023] UKUT 239 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Everyone has the right to respect for his private and family life, his home and his correspondence There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a
Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
The FtT noted the law had moved on since Stuart v UK (Application No 41903/98, 6 July 1999) and more recent decisions have given a wider interpretation to the meaning of ambit. The FtT found that a claim to compensation under the 2012 Scheme fell within the ambit of articles 3 and 8.
I consider the FtT was correct in this, given the recent more “relaxed” approach to this issue taken by ECtHR as noted by the Supreme Court in A&B [38].
Second stage: Status
Article 14 ECHR provides the enjoyment of the rights and freedoms set out in the Convention shall be secured;
- Heading
- The application for judicial review is dismissed
- Grounds for Judicial Review
- The hearing of the judicial review application
- Factual background
- The Law
- The 2012 Criminal Injuries Compensation scheme and the exclusionary rule
- “ Annex D sets out the circumstances in which an award under this Scheme will be withheld or reduced because the applicant to whom an award would otherwise be made has unspent convictions.”
- The Decision of the Supreme Court in A & B v CICA [2021] UKSC 27
- The parties arguments in summary
- The FtT decision
- Discussion and analysis of the FtT decision
- Protocol 1, Article 1: Protection of property
- Everyone has the right to respect for his private and family life, his home and his correspondence There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a
- “ without discrimination on any ground such as sex, race colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or oth
- Third stage: Difference in treatment
- “I readily accept that people trafficking is a particularly grave crime and that its victims, who are often vulnerable, can suffer grievously. However, many other crimes are no less serious, their vic
- The “nexus offender “argument
- “For present purposes, I am willing to assume that it is arguable that victims of people trafficking who have committed criminal offences in connection with their being trafficked - who might be terme
- Does the applicant come within the category of “ nexus offender”?
- The blameless victim
- Fourth stage; Justification
- “This is clearly a legitimate aim.”
- “I consider, therefore, that the difference in treatment on grounds of other status resulting from Annex D is justified. The measure has the legitimate objective of limiting eligibility to compensatio
- at paragraphs 65-72. In particular, it refused to distinguish A&B on the three grounds advanced by the applicant’s counsel On the basis the offending may have been caused by being a victim of CSA as a child. I will refer to this as the “nexus argumen
- Conclusions