Victims could claim prisoners' slop-out cash

• Victims could take prisoners to court if slop-out compensation awarded

• Victims can pursue civil actions against offenders within three years of crime

• Most victims do not turn to civil actions because offenders have little assets

Key quote

"It's probably too early at the moment, but sizeable compensation payments to prisoners for slopping out could potentially allow victims to seek reparation from the perpetrators" - John Larkin, Quantum Claims claims manager

Story in full WINDFALLS paid to prisoners who have had to slop out could pave the way for hundreds of victims to sue their attackers, The Scotsman has learned.

Litigation specialists and legal sources say that potential pay-outs of up to 100,000 to prisoners who had to slop out could be claimed by victims.

Opposition politicians, furious at the likelihood that tens of millions of pounds will be paid out in compensation to convicted criminals, said the prospect of victims claiming a share was a "silver lining".

Victims of serious crimes are entitled to raise a civil action against criminals for damages within three years of the crime - but very few follow that route because prisoners rarely have any assets to claim against.

Instead, victims are more likely to turn to the Criminal Injuries Compensation Authority (CICA) which pays limited funds from the public purse.

Around 800 compensation claims have been lodged in Scottish courts on behalf of prisoners who say they have been degraded by having to slop out. Damages sought range from 2,500 to over 100,000. Senior lawyers say they expect victims to raise their own civil actions against criminals if they are awarded large pay-outs.

John Larkin, claims manager at Quantum Claims in Glasgow, said: "People can raise civil actions against criminals for injuries caused but very often there are no assets to pursue the claim against. But if prisoners are awarded large sums due to slopping out, that would certainly be an avenue that victims could go down.

"It's probably too early at the moment, but sizeable compensation payments to prisoners for slopping out could potentially allow victims to seek reparation from the perpetrators."

A legal source with an interest in the issue added: "The only hope is that the victims of the criminals' activities will lodge claims in which they will impound the money so it goes to them rather than the criminals. In the past, victims of rapes or assaults could have claimed for damages but there wasn't much point as the criminal had no money. Now, if [a criminal] comes into thousands, victims could raise actions."

Ron Armour, spokesman for the CICA in Scotland, welcomed the prospect that slopping-out payments could be claimed by victims. "At the moment, the chances of a victim successfully suing an assailant for injuries received are slim," he said.

Billy Thomson, from Motherwell in Lanarkshire, whose 15-year-old daughter was raped and strangled by James Finlay in 1995, also welcomed the compensation loophole.

Mr Thomson, who runs the support group Families of Murdered Children, said: "My first reaction was 'great'. This seems like a real victory for the victims. We will be encouraging anyone who contacts us to go ahead and fight their case.

"People who have lost a loved one would be disgusted at the thought of criminals leading the life of Reilly when they themselves are struggling to survive."

This week it emerged that the amount set aside for compensation payouts to prisoners who had to slop out has risen from 26 million to 44 million.

The Tory justice spokeswoman Margaret Mitchell MSP said: "This is a ludicrous and farcical situation we have got ourselves into. If, however, tens of millions of pounds are going to criminals, then there may be a silver lining that the real victims of crime might be able to sue criminals for the real hurt and pain victims endure."