Stand Alone Victims’ Access to Compensation (SAVAC) Survey

Stand Alone Victims’ Access to Compensation (SAVAC) would give eligible victims of crime an opportunity to make a claim against certain monetary compensation awarded by St Helena Government to an offender for wrongdoing by Government while that person was in custody or under supervision.

The proposal would not remove an offender’s legal right to seek compensation from Government. Instead, where compensation was awarded, the money would be protected for a period during which eligible victims could make a claim. An independent decision-maker would determine any victim claim, with any remaining funds ultimately available to the offender.

SAVAC would not be a general compensation scheme for victims of crime. It would apply only where an offender received relevant compensation from St Helena Government. No decision has been made on whether SAVAC should be introduced.

Please note that all responses are confidential - you cannot be identified from your response.

This survey seeks your views on whether SAVAC should be introduced and how any scheme might operate. Please answer based on the information provided. You may skip any question you do not wish to answer.

1.Should St Helena introduce a SAVAC scheme?

Yes

Unsure/need more information

2.What are the main reasons for your answer to Question 1?
(Please select any that apply)

It would give victims an additional opportunity to obtain compensation

It would recognise the harm suffered by victims

It would provide a fair opportunity for victims to claim against money awarded to the offender

The offender should retain the full compensation awarded by Government because it relates to wrongdoing by Government

The proposal could interfere with an offenders legal rights or entitlement to an appropriate remedy

The amount available to victims could be limited or uncertain

The scheme could be costly or complicated to administer

The proposal would apply only in a limited number of circumstances

Government should consider other ways of supporting victims instead

Please explain your answer if you wish

3.How do you view the balance between the interests of victims and the legal rights of offenders in the proposed SAVAC approach?

Please select one:

The balance is appropriate

The balance should be changed

I am unsure

I need more information to answer

Please explain:

4.What,if anything, concerns you about introducing SAVAC?

Please select any that apply and/or provide your own concern:

The effect on offenders rights

Fairness to offenders

The potentially limited amount of money available

How claims would be assessed

How competing claims from more than one victim would be dealth with

The cost of establishing and administering the scheme

The practical operation of the scheme

The relationship between Government's wrongdoing and the offender's wrongdoing

I have no particular concerns

Other (please specify)

5.What,if any, benefits do you think SAVAC could provide?

Please select any that apply and/or provide your own view:

Greater opportunity for victims to obtain compensation

Recognition of the harm suffered by victims

A further route to compensation where other options may be limited

A way of balancing the interests of victims and offenders

I do not think SAVAC would provide significant benefits

Other (please specify)

6.Do you think introducing SAVAC would be a proportionate and practical response to the issue it is intended to address?

Yes

Unsure

I need more information to answer

Please explain

7.If SAVAC is not introduced, what, if anything, should Government do instead to improve the position of victims of crime?

Please select any that apply and/or provide your own suggestion:

No further action

Improve information and support available to victims

Develop a victims code of practice

Consider a broader victims compensation scheme

Improve access to existing forms of compensation or reparation

Consider another approach

I am unsure

Please explain

8.Is there anything else you would like Government to consider when deciding whether SAVAC should be introduced?