Review on Unspent Convictions

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BBC Three documentary The Man Who Used HIV as a Weapon (2019) highlighted the story of the first man convicted in the UK for deliberately spreading HIV.

The assailant, Darryl Rowe, was charged in 2018 with a life sentence after infecting nine men with the disease.

Under the CICA Scheme, victims of this specific crime (Infection with one or more of HIV, Hepatitis B, or Hepatitis C as a result of a crime of violence) could be eligible for £22,000 of compensation. However, Stuart Roger, one of Rowe’s victims, has been refused this due to the fact that he has an unspent conviction.

Review on Unspent Convictions

Under Annex D (1), the CICA state that ‘an award under this Scheme will be withheld or reduced because the applicant to whom an award would otherwise be made has unspent convictions.’ Whilst Roger appealed the decision, the claim was rejected again for the same reason as the CICA pose a strict criterion.

Reflecting on the idea that offenders are unable to claim compensation under the Scheme has been drawn to the Ministry of Justice’s attention on a plethora of occasions; applicants do not feel this is justifiable in a wide range of circumstances.

For example, if a victim suffered a violent crime in April 2021 and brought a claim forward now (September 2022), if, for example, that victim had received a fine in May 2022, they would not be eligible to claim.

This is because a fine only becomes spent once the full amount has been paid, plus 12 months from that date. The CICA only allows 2 years to bring a claim forward from the date of the incident (except in a few circumstances), and therefore, the victim of this incident would be outside of the limitation period by the time the conviction became spent.

The circumstances for which Rodger had an unspent conviction caused upset and the MOJ decided to have a consultation for a review of this Annex. In 2012, Rodger was ‘convicted of “threatening and abusive behaviour” for shouting “No ifs, no buts, no public sector cuts” at David Cameron’ (PinkNews.co.uk) He plead guilty and was sentenced to community service. Rodger therefore never got the opportunity to claim for compensation as his sentence did not become spent before he applied.

The reasoning behind this ruling is to ensure compensation only be given to “blameless victims of a violent crime”, which raises eyebrows at the MOJ. Does being an offender, regardless of severity of the actual crime committed, automatically mean that every applicant with an unspent conviction cannot be classified as a ‘blameless victim’?

The government have engaged in a discussion regarding this rule in June 2022 after backlash, deciding whether or not to revise this by sharing proposals and conclusions. No timescale has been provided for when this decision might be given, but many will be hoping that it is reconsidered, and eligibility is amended.

BBC Three documentary The Man Who Used HIV as a Weapon (2019) highlighted the story of the first man convicted in the UK for deliberately spreading HIV.

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