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Amendments to the Criminal Justice Bill

Criminal Justice Bill

[Supplementary to the Sixth Marshalled List]


After Clause 298


[In substitution for amendment 239ZA]

239ZB*Insert the following new Clause—
  "Excluding civil liability of victims of crime
(1)  A person who has been convicted of a criminal offence before a relevant court shall have no civil action for damages in respect of personal injury caused by the victim of the offence for which that person has been convicted unless the court considers that it is in the interests of justice that such action can be brought.
(2)  Subsection (1) shall only apply to personal injuries caused during the circumstances of the offence for which the person was convicted.
(3)  For the purpose of subsection (1) "victim" is defined as any person natural or corporate—
(a)  whose interests were affected or threatened by the relevant offender, or
(b)  who believed on reasonable grounds that their interests were affected or threatened by the relevant offender, or
(c)  who was, at the time of the offence, a servant or agent of any person falling within paragraphs (i) or (ii) and who either knew or reasonably believed that the person's interest were so affected or threatened by the relevant offender.
(4)  For the purposes of subsection (3) "interests" includes—
(a)  any proprietary interest;
(b)  a personal interest in avoiding physical injury.
(5)  For the purpose of subsection (1) "damages in respect of personal injury" shall be defined to include all consequential loss suffered by the offender."

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15 September 2003