Should Ian Huntley be compensated? Yes, but not to the tune of ?100k

 

Once again, Iain Dale is (almost) right in yesterday’s post lamenting the judicial system in Britain, but his opposition to compensation is misguided.

The fact is, even if Ian Huntley does not receive the full ?100k he is seeking, there is a strong possibility that he will receive substantially more than the families of Holly Wells and Jessica Chapman received for their murders.

Everyone knows that you cannot put a price on a life, and even if the parents had received 100 times more than the ?11,000 they actually got, it still would not replace their daughters.

And nor should it.

It is, in essence, a token gesture, but one which should compensate the families of the victims for their loss, and, whilst compensation is usually ordered to recompense loss of earnings, physical?injuries?and (occasionally) emotional stress, in practice, help them cope with their grief.

The civil law (not criminal, as Iain had incorrectly stated) process involved is complex, but, whatever the outcome, there is no excuse for paying such a heinous murderer almost ten times as much as his victims’ families for something that, probably, most Britons would applaud.

Like most areas of law, one cannot simply view the relevant Acts of Parliament for direction, but also the great swathes of “common” law (the judgements of the appeal courts, from the Court of Appeal, through the Supreme Court (formerly the House of Lords) and up to the European Courts (if applicable)).

The fact is, if it is proven that the Prison Service failed in its duty of care, Ian Huntley is entitled to compensation – that is a fundamental right that should not be denied to anybody, sadistic murderer or not. The law cannot make arbitrary exceptions because it goes against popular opinion.

However, if Ian Huntley does receive more than the Wells and Chapman families, then it would be further proof (if proof were needed) that our justice system is skewed in favour of criminals, rather than their victims. And that is a disgraceful miscalculation of justice that badly needs to be addressed.

We shall have to see what the courts decide…

 

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