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wrongful conviction -charge for board and lodge
Has anyone seen the news today, the two who were given very long prison sentences falsly, received compensation, but now have to pay a huge sum back to pay for their board whilst in prison. How can this be right? I know the two had a chequered history, but surely wrongful conviction and imprisonment for years is enough to have borne.
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For more on marking an answer as the "Best Answer", please visit our FAQ.This is nothing new - Blunkett tried it with the Birmingham Six and the Guildford Four.
Paddy Hill of the Birmingham Six had a large chunk of his compensation deducted for bed and board in 2004.
The Hickeys (Carl Bridgwater case) were deducted �60000 to cover the cost of their keep, on top of the big reductions to their compensation because of their previous criminal convictions.
If looked at realistically, these people are victims of crime - someone committed crimes and these innocent people suffered.
Unfortunately, more traditional victims of crime get nothing like these amounts in compensation - families who have had a relative murdered, for example.
Paddy Hill of the Birmingham Six had a large chunk of his compensation deducted for bed and board in 2004.
The Hickeys (Carl Bridgwater case) were deducted �60000 to cover the cost of their keep, on top of the big reductions to their compensation because of their previous criminal convictions.
If looked at realistically, these people are victims of crime - someone committed crimes and these innocent people suffered.
Unfortunately, more traditional victims of crime get nothing like these amounts in compensation - families who have had a relative murdered, for example.
Two sides to this:
They were wrongfully imprisoned and one of the consequential costs of this wrongful imprisonment was that there was a cost. I would argue that the way around these 'board' charges is for the solicitors acting for such clients is to pre-empt the charge and include it in the compensation claim. Of course, the other side of the coin is that they would have had to have incurred costs for food and lodgings wherever they had resided outwith prison had they not been wrongfully convicted.
Compensation means that the victim gets back what they would have gained were it not for the event or events that caused their loss. If you argue that their food and accommodation should be 'free', then it could (and surely is) argued that this would be a gain (lucratis??) from their misfortune.
Interesting argument!!
They were wrongfully imprisoned and one of the consequential costs of this wrongful imprisonment was that there was a cost. I would argue that the way around these 'board' charges is for the solicitors acting for such clients is to pre-empt the charge and include it in the compensation claim. Of course, the other side of the coin is that they would have had to have incurred costs for food and lodgings wherever they had resided outwith prison had they not been wrongfully convicted.
Compensation means that the victim gets back what they would have gained were it not for the event or events that caused their loss. If you argue that their food and accommodation should be 'free', then it could (and surely is) argued that this would be a gain (lucratis??) from their misfortune.
Interesting argument!!
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