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Questions and Answers
What did the statutory provisions under the Criminal Justice Act 1988 provide for?
What happened when no date was appointed for the new scheme to come into force?
What did the Secretary of State do after some years regarding the new scheme?
What was a key argument made by the government before finalizing the compensation scheme?
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What power allows Parliament to change and enact matters that were once under executive powers?
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What was the main holding of the case discussed in the text?
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Study Notes
Criminal Justice Act 1988 Provisions
- Introduced statutory provisions for compensation to victims of violent crimes.
- Aimed to replace the previous discretionary compensation scheme with a more structured and reliable system.
Delay in Implementation
- When no date was designated for the scheme to commence, victims continued to rely on the older compensation systems.
- This resulted in a lack of clarity and prolonged uncertainty for potential claimants.
Secretary of State's Actions
- After an extended period of stagnation regarding the implementation of the new scheme, the Secretary of State took steps to expedite its establishment.
- Key moves included reevaluating the administrative and funding frameworks to ensure the new scheme's viability.
Government's Key Argument
- A primary argument presented by the government focused on financial considerations, specifically the need for a sustainable funding model to support the compensation scheme.
- Emphasized the importance of balancing victim support with fiscal responsibility to taxpayers.
Parliamentary Powers
- Parliament possesses the authority to amend and enact legislation that historically fell under executive powers, thus ensuring accountability and representation.
- This power exemplifies the balance of legislative oversight in governance and regulatory frameworks.
Main Holding of the Case
- The final judgment highlighted the necessity for timely implementation of the compensation scheme to uphold the rights and needs of victims.
- Reinforced the principle that legal systems must adapt to provide effective remedies for those harmed by criminal acts.
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Description
Learn about the Fire Brigades Union (1995) case involving statutory provisions for compensation under the Criminal Justice Act 1988. Explore the implications of the new scheme not coming into force and the subsequent introduction of a non-statutory scheme.
