The Scottish Government currently operates two schemes for the payment of compensation and they are the Statutory Scheme and the Ex Gratia Scheme.
Compensation will only be considered if an application is made to the Scottish Ministers.
If you believe you are entitled to compensation, you or your legal representative should write to the Scottish Government setting out the reasons why you believe you are entitled to compensation and include all relevant documentation relating to the case. All correspondence should be sent to the Criminal Law and Licensing Division, Sentencing Policy Unit, Room GW.15, St Andrew's House, Edinburgh, EH1 3DG.
There is currently no time limit on when an individual can apply for compensation.
The Scottish Ministers are responsible for taking the final decision on whether an applicant is eligible or not eligible for payment.
The amount of compensation paid will be determined on the advice and recommendation of an independent assessor appointed by the Scottish Ministers. In considering claims, the independent assessor will apply principles similar to those on which claims for damages arising from civil wrongs are assessed.
All claimants will be provided with a written note from the assessor setting out the basis on which the decision was reached.
A decision to pay such compensation is not an admission of legal liability on the part of the Scottish Ministers.