Crimes of Violence (Compensation for Victims)

Part of the debate – in the House of Commons at 12:00 am on 5 May 1964.

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Photo of Sir Hugh Munro-Lucas-Tooth Sir Hugh Munro-Lucas-Tooth , Hendon South 12:00, 5 May 1964

I am not saying that we should impose an obligation but that when the State makes payment under the White Paper it will, by the process of subrogation, itself be entitled to sue the offender. All I am saying is that the State's right arises from the fact that it pays the victim. I do not say that the State will be obliged to exercise that right, but it will have the right, which it will be extremely difficult to exercise. Although I am certainly not against this principle, because I think that it will be essential, I do not think that it will be impossible to say that the State shall pay and not be entitled to recover, but it will give rise to extraordinarily difficult questions that will have to be considered.

The scheme will give rise to many difficult questions. I am not in any sense trying to "crab" it; on the contrary, I think that these questions are important, and should be raised. Their solution is probably the solution of our whole system of criminal law, and for that reason I welcome this White Paper. The scheme will not be simple to work. It will not do anything to solve our difficulties, but that is a good thing, because it will force us to set to work to solve our difficulties. I see this as the beginning of a new system that may lead us, some day or other, to a better system of punishment and criminal law.