Prisoners Compensation Bill Legally and Morally Flawed
“The Prisoners and Victims Claims (Continuation and Reform) Act is both morally and legally flawed. It has no place in
the legislative agenda of a government committed to the reduction of crime, and reform of the prison system” says Kim
Workman, Spokesperson for Rethinking Crime and Punishment. The legislation makes permanent earlier legislation which
allowed victims of crime to seek compensation received by prisoners, when abused or mistreated while in the care of the
state.
“The legislation breaches the Victim Rights Act 2002, which requires under Section 7 that all victims be treated with
courtesy, compassion and dignity. It denies victims’ rights to prisoners that have been abused and violated by members
of the state. The pre-assumption that victims of State abuse are not entitled to be treated as victims, on the grounds
that they happen to be prisoners, is inconsistent with the government’s own commitment to a victim-centric criminal
justice system.”
This Act sends out four clear messages:
Message One: Going to prison is no longer sufficient punishment. Punishment will take on new and imaginative forms.
Offenders, by reason of their status, are no longer entitled to be treated with respect or decency; nor do they to have
the same rights as other citizens who are victims of state brutality and violence.
Message Two: If you are a prison officer, you will be pleased to know that the state does not regard prisoners as fully
human. If you ill-treat or brutalise them, the state will make it very difficult for them to complain, or to seek
compensation.
Message Three: If you are a prisoner, don’t waste your time complaining against ill treatment. You are not valued, and
your complaint is unlikely to be seriously considered. If you are successful, you will not actually get all the
compensation to which you are entitled. If you want justice, look for other ways of getting it. Like payback.
Message Four: If you are the victim of a crime, realise that the state does not have sufficient regard for your rights
and needs of victims to compensate you in your own right. However, you are free to apply for compensation which has been
taken from other victims of crime i.e. “blood money” to meet your needs.
The idea that every time you acknowledge the human rights of offenders, and observe due process in their treatment, you
take something of value away from victims, is both morally flawed and fatuous. What is instead required is a government
sincerely committed to address both the rights and needs of victims, and to preserve the human rights of all those
affected by the criminal justice system.
ENDS