Written question asked by Lord Laird (Crossbench), in the House of Lords. It was answered by Lord Bach (Labour) on Wednesday, 26 November 2008.

Prisoners: Compensation

Question: asked Her Majesty's Government:Whether compensation paid to convicted prisoners can be withheld until the prisoners' victims are informed; whether they provide assistance such that such victims can seek recompense where the convicted person subsequently acquires assets; and whether they will deduct from such compensation the costs involved in imprisoning the individuals.

Answer: A prisoner may be eligible to claim compensation for any perceived wrongdoing that they suffer while detained in prison, such as an injury sustained during an accident. Each litigation case is dealt with on its merits and, so far as the evidence allows, all claims are robustly defended. The amount of compensation is determined following a full analysis of all the available evidence and taking account of the Judicial Studies Board guidelines. Given that the claim and any subsequent compensation is a separate incident from the original crime, it does not provide grounds for the victims of the original crime to be informed of the claim. In some circumstances, a victim may be eligible for legal aid to pursue action seeking recompense from offenders who subsequently acquire assets. Deductions are not made from prisoners' compensation to offset the costs of imprisonment. If the Northern Ireland Prison Service (NIPS) receives a claim for compensation from a prisoner or ex-prisoner in relation to injuries sustained as a result of negligence or breach of statutory duty, it will inform the Northern Ireland Compensation Agency accordingly. If the compensation agency has previously paid compensation to the prisoner’s victim, it has the opportunity to take proceedings to recover this amount from the compensation which NIPS would pay to the prisoner.

Secondary information

Type: Written question
Reference: 5885; 705 c332-3WA
Session: 2007-08
Related items: Prisoners: Compensation
Thursday, 18 December 2008
Written questions
House of Lords
Subjects: Compensation Prisoners Victims
Link: View this Written question on www.publications.parliament.uk