'Make it easier for criminals to sue their victims'

CRIMINALS would be given greater rights to sue members of the public and the police if they are injured while committing offences under reforms proposed today.

Such a change in the law would strengthen the compensation case being brought by the family of a burglar killed by Norfolk farmer Tony Martin and could pave the way for many more damages claims against police for using "excessive force" during arrests.

The Law Commission, the body which advises Government on reforms in the law, recognises that its proposals are "controversial", but argues that even criminals have rights.

The consultation paper says: "Public opinion may not be in favour of any perceived increase in the ability of a criminal to sue for damages seemingly arising out of his or her criminal activity." But it is wrong, the commissioners say, to bar a claim on the justification that "criminals shouldn't have rights".

Relatives of Fred Barras, the 16-year-old shot dead by Martin in August 1999, have made an application to the Criminal Injuries Compensation Authority. But they are unlikely to succeed under the present system because the authority can take into account the victim's character. The authority also has a track record of refusing payments to relatives of offenders.

Any direct legal action against Martin would also be unlikely to succeed because the courts are unwilling to allow criminals to profit from their crimes.

Today's report says the application of this rule must be relaxed so criminals are not punished twice for their crimes - first being sentenced in the criminal courts and then denied claims for damages in the civil courts.

The Law Commission insists that "even a criminal who has committed a serious offence" must be allowed to exercise their civil rights. The report will be studied by ministers, but while the Home Office said the Government would consider the report, it is likely to be kicked into the long grass by Home Secretary David Blunkett.

The Law Commission has been widely praised for helping to shape current government thinking on the reform of the double jeopardy rule which means no one can be tried twice for the same offence. Its work on corporate manslaughter is likely to form the basis of new laws which would allow company directors to stand trial for death in major disasters such as the Paddington train crash.

However, both reforms are taking years to be made law and today's proposals will be well down the Government's priorities, even if legal advice suggests that prejudice against criminals is in breach of new human rights laws.

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