0 Claimants with Submitted Claims Questionnaires (CQs), ,the Trust announced the sale of 60 million additional shares of PG&E stock. 15.1.3 Where the offender shows genuine remorse, indicates a willingness to be cautioned and comply with the proposed conditions a Conditional Caution may be considered. Identifies the procedure to be undertaken in quashing a Conditional Caution citing. PG&E Fire Victim Trust Increases Fire Victim Distributions Identifies the principle behind the decision to authorise the police to administer a conditional caution and the need to comply with the requirements of sections 22 and 23 of the Criminal Justice Act 2003; the Directors Guidance on Conditional Cautioning; and the Code of Practice for Conditional Cautions. The Guidance clarifies the position in regard Conditional Cautions and provides guidance on applying these principles to Simple Cautions. - not to commit further offences for a defined period of time, - to attend a referral programme specifically related to the nature of the offending behaviour. Fire Victim Trust funds will take more time to reach Camp Fire victims In the event of a prosecution for non-compliance the police will only be requested to provide witness statements following a not guilty plea and case management hearing where the issues in dispute in the case have been identified. Where a simple caution or conditional caution is quashed by the Divisional Court, the "slate" is, in effect, "wiped clean" (see Jones v Whalley [2006] UKHL 41 at paragraph 13, per Lord Bingham). 99.8% of eligible claims have been resolved with Medicare, Medi-Cal, and private insurers. The issue in Jones v Whalley was whether it was an abuse of process for a private prosecutor to commence a prosecution against an offender who had accepted a caution from the police having been told (as was accepted, entirely erroneously) that this was a bar to further criminal proceedings. 16.2.1 Where an authorised person considers that, exceptionally, an indictable only offence may be appropriate for a condition caution the case must be referred to a prosecutor. %%EOF However, where there are no elements of controlling and coercive behaviour, and where there is no pattern of abuse or repetitive behaviour there may be rare occasions in domestic abuse cases not involving intimate partners where a conditional caution could be considered. The number of claimants, variety of claims, quantity of claims, and size of the multi-billion dollar fund make this one of the largest and most complex mass tort settlements in California history. 13.1 In assessing the seriousness of the offence under consideration and determining whether the case should proceed to court or is suitable for a Conditional Caution the decision maker should also take into account the totality of any current offending and any history of previous convictions and cautions particularly any which are recent or of a similar nature. Fire Victim Trust to Begin Making First Pro Rata Payments to Fire The police must consult the UK Border Agency who will confirm the offender's status and that of any dependents and whether the individual can be removed from the UK. informational-only, advising you of the forthcoming payment. 9.1 Where an offender is charged with an offence, but it appears upon review by a prosecutor that a Conditional Caution is more appropriate, the reviewing prosecutor should direct an authorised person to offer a Conditional Caution. KEIR STARMER QC DIRECTOR OF PUBLIC PROSECUTIONS, Assault occasioning actual bodily harm - S.47 OAPA 1861, Wounding or causing grievous bodily harm - S.20 OAPA 1861, Possession of an offensive weapon - S.1Prevention of Crime Act 1953, Possession of a bladed article - S.139 Criminal Justice Act 1988, Harassment putting people in fear of violence - S.4 Protection from Harassment Act 1997, Stalking - involving violence or serious alarm or distress - S4A Protection from Harassment Act 1997, Violent Disorder - S.2 Public Order Act 1986, Cruelty to a child - S.1 Children and Young Persons Act 1933, Sexual Assault S3 & S7 Sexual Offences Act 2003, Witness Intimidation - S.51 Criminal Justice and Public Order Act 1994, Arson S 1 and S 4 Criminal Damage Act 1971, Assault occasioning actual bodily harm (including Racial or religiously aggravated) - S.47 OAPA 1861, Assault W/I to resist arrest S38 OAPA 1861, Bladed article/offensive weapon, possession of - S.139 Criminal Justice Act 1988, Burglary (non-dwelling) - S9 Theft Act 1968, Child prostitution and pornography Sexual Offences Act 2003, Criminal damage (including Racial or religiously aggravated) over 5,000 Criminal Damage Act 1971, Drugs class A possession Misuse of Drugs Act 1971, Drugs Class A Produce Supply - Misuse of Drugs Act 1971, Drugs Class B & C supply possess w/I to supply Misuse of Drugs Act 1971, Drugs Cultivation of cannabis - Misuse of Drugs Act 1971, Exploitation of prostitution - S33A, S52-53 Sexual Offences Act 2003, Firearm, carrying in a public place S 19 Firearms Act 1968, Fraud (banking & insurance) Fraud Act 2006, Fraud (possessing, making or supplying articles for use) Fraud Act 2006, Grievous bodily harm/ unlawful wounding (including Racial or religiously aggravated) S.20 OAPA 1861, Handling Stolen Goods S22 - Theft Act 1968, Harassment (including Racial or religiously aggravated) - Protection from Harassment Act 1997, Human Trafficking Offences S57-59 Sexual Offences Act 2003, S4 Asylum and Immigration Act 2004, S71 Coroners and Justice Act 2009; S1, 2 and 4 Modern Slavery Act 2015, Identity documents possess Part 1 S1-5 Forgery Act 1861, Identity Cards Act 2006, Identity Documents Act 2010, Indecent photographs of children Protection of Children Act 1978, Keeping a brothel used for prostitution - Sexual Offences Act 1956, Sexual Assault - S3 & S7 Sexual Offences Act 2003, Witness intimidation - S.51 Criminal Justice and Public Order Act 1994, Cause death by Careless driving - S2B Road Traffic Act 1988, Cause death by driving unlicensed/disqualified - S3ZB Road Traffic Act 1988, Dangerous Driving - S2A Road Traffic Act 1988. 16.7.3 Once a decision is made as to how the non-compliance is to be dealt with, the police with ensure that PNC is updated to record that. 15.2.5 The normal period not to return should be 5 years. 5.1 The Code of Practice makes specific provision for offences committed by Foreign Offenders where a Conditional Caution is proposed to facilitate the removal of the offender from the jurisdiction and ensure non-return. If the insurer paid for medical expenses to treat the drivers injuries and the driver then recovered damages in a lawsuit, they would be required to reimburse the insurance company. 16.7.2 Where the original decision to offer the caution was made by an authorised person the authorised person may make that decision but if it is considered that charging is appropriate and the offence is one that cannot be charged by the police the case must be referred to a prosecutor to decide whether to charge. That contractual right is called a medical lien. North Bay Wildfires (includes 22 major fires), Cathy Yanni appointed Administrator of Wildfire Assistance Program, PG&E and Tort Claimants Committee reached $13.5 billion settlement, Hon. This may include prosecution if both stages of the Full Code Test are satisfied. not to approach a named victim, or specified property, or geographical location or specified event or a curfew. Under the direction of the Trustee, the Honorable John K. Trotter (Ret.) Wherever the circumstances of an offence indicate that an immediate custodial sentence or high level community order is the appropriate sentence, a Conditional Caution should not be offered unless the specific provisions concerning foreign nationals apply or the exceptional circumstances set out below are met. I have no guarantee, but I assume PG&E will honor that. endstream endobj startxref Your council will look at your circumstances to see whether you are eligible for a DHP. 6.2 Unless the foreign offender conditions are to be offered, only in the most exceptional circumstances will a Conditional Caution be an appropriate way of dealing with such a case. info@FireVictimTrust.com Harder Backs Bill to Ensure PG&E Fire Victim Settlement Funds are Not We are the discount service for the emergency services, NHS, social care sector and armed forces, providing our members with thousands of amazing discounts online and on the high street. They cannot be offered where the offender makes or has an outstanding asylum or Human rights claim to remain in the UK or where the offender admits to committing a document or identity fraud offence in order to make a claim for asylum or where the offender may be a trafficked victim. A total of 71,394 Fire Victims filed claims by the February 26, 2021, deadline. A Conditional Caution will only be appropriate for an indictable only offence in the most exceptional circumstances. %J6)Q|=dg6}"X2I7Cd*D !Cl#Bo"\)n=Ei.1$Q bAm#(ej}`F;%lk 9rnsr[yQoCvI5lEeT7Cr~pq!jP0 C This approach is consistent with paragraph 10.1 of the Code for Crown Prosecutors, which states that, although normally when a suspect or defendant is told that there will not be a prosecution this will be the end of the matter, occasionally there may be special reasons where this may not be so. LaMalfa Receives Taxability Guidance on Fire Victim Trust 0 In considering the public interest stage, the prosecutor who re-reviews the case should take into account: Prosecutors should also consider whether, in all the circumstances, a court would consider it unfair and wrong to allow the prosecution to revoke its previous decision and therefore stay the proceedings as an abuse of process (see further guidance below). Other conditions should not be included if they are likely to delay the removal or may not be completed prior to the likely removal date. The notice will be PDF PRELIMINARY AYMENT ANNOUNCEMENT - Fire Victim Trust This will be done by submitting the case to the Head of the Crown Court Unit for the relevant CPS Area. - to pay compensation, or to make payment to an appropriate local charitable or community fund - to personally repair or make good the damage - to undertake unpaid work not exceeding 20 hours - to write a letter of apology PDF FREQUENTLY ASKED QUESTIONS - Fire Victim Trust If it proves then not to be possible to administer the caution an alternative out of court disposal may not be offered and the prosecution must continue. We are singularly focused on three key objectives: - Our job is to handle the process on the claimants behalf and advocate for timely resolution that protects the claimants award and health benefits. To ensure the most secure and best overall experience on our website we recommend the latest versions of, Internet Explorer is no longer supported. When the Fire Victim Trust first started distributing funds, we made initial hardship Preliminary Payments and then followed those with . 15.2.2 Foreign offender conditions may be offered in a case that would ordinarily result in the imposition of imprisonment following conviction. The Trust reviews claims and issues Determination Notices daily and disburses payments twice monthly, compensating Fire Victims for economic and non-economic damages caused by the 2015 Butte, 2017 North Bay, and 2018 Camp Fires, including destruction or damage to real estate and personal property, additional living expenses, lost wages, business losses, emotional distress, personal injury or death and related medical expenses. %%EOF Once confirmed UKVI will provide any immigration papers required and will liaise over the appropriate conditions to be offered. 15.3.2 When attaching a financial penalty condition, the amount of the penalty, the designated officer for the local justice area to whom the penalty must be paid, and the address of that officer for payment must be set out in the documentation to be handed to the offender at the time of the administration of the Conditional Caution. 1.2 This Guidance assists Authorised Persons and Relevant Prosecutors (the decision makers) to apply the Code of Practice on Adult Conditional Cautions in deciding how an offender should be dealt with when it is determined that: 2.1 An authorised person (for the purpose of administering a Conditional Caution) is a police officer not below the rank of Sergeant or any person specifically authorised to do so by the Director of Public Prosecutions. The percentage of CQs with accepted Determination Notice now has crossed the 83% mark. There are several challenges in the lien process that can result in delays, including: - Information required from the claimant to confirm whether the claimant was a beneficiary of an insurer. Prior Trustee updates are included on the Documents page here. The Trust issues Determination Notices daily and issues payments twice a month. How do I add an Authorized Representative for a Fire Victim who is a trust or Which Fire Victims need a Representative to act on their behalf, and what does the Representative do? The Fire Victim Trust, which was established to compensate victims of the Camp Fire and other big fires blamed on PG&E since 2015, said Friday it has distributed $3.5 million to more than. An MG6 must be provided setting out the views of any victim and (where appropriate) the Inspectors assessment of the exceptional circumstances considered by the police to be present in the case justifying the offer of a Conditional Caution. They should only be used where it will be practicable to remove the person within a reasonable period of time. - There can be delays with the insurer where the agency has yet to produce the itemized expenses or approve audit results. SAN FRANCISCO--(BUSINESS WIRE)-- The Fire Victim Trust (FVT) announced today that . A Preliminary Payment is an advanced payment that the Trust will issue to Claimants to help address the extreme hardships they are facing as a result of the pandemic and the recent and ongoing wildfires. 15.2.3 The purpose of the Conditional Caution will be to bring about the departure of the offender from the UK and to ensure that return does not occur for a specified period of time. On January 11, 2023, the Trust announced a pro rata payment increase to 60% following additional stock sales. Our one and only goal is to give everyone whose lives have been disrupted and devastated by the wildfires the financial resources they need to rebuild their lives as soon as possible.. 16.6.1 Once satisfied that the Conditional Caution and the proposed conditions are an appropriate and proportionate response to the offending behaviour, the decision maker will complete the Authority to Give a Conditional Caution which will be retained with the MG5 or case review document. SAN FRANCISCO--(BUSINESS WIRE)--On Monday, March 15, the Fire Victim Trust (FVT) will begin distributing the first round of pro rata payments toward satisfying the claims of individuals and families who suffered losses in the 2015 Butte Fire, 2017 North Bay Fires and 2018 Camp Fire. %PDF-1.6 % In November 2020, the FVT decided to begin providing claimants who had submitted the required Claims Questionnaires with preliminary payments of up to $25,000. His team has made incredible progress in resolving medical lien obligations that provide claimants with certainty that there is no residual payment obligation to insurers or payors. Will IRS Tax On Wildfire Settlements Be Blocked By Congress? - Forbes Guidance for the selection of appropriate conditions is attached at Annex B. IRS Guidance to CA Fire Victims Trust participants Jul 11, 2022 | Casualty Gain, PG&E Settlement On June 28th, the Commissioner of the IRS responded to a request by Congressman Mike Thompson and Congressman Doug LaMalfa requesting guidance on the taxability of the settlement funds received from the Fire Victims Trust (FVT). The Divisional Court in the case of Guest ruled that, where a conditional caution is quashed, it does not follow that any subsequent prosecution in respect of the same alleged offence would inevitably amount to an abuse of process: whether in any given case a court would stay criminal proceedings before it was a matter for that court to determine. Because medical liens are highly case-specific, any Claimant with questions about a remaining lien obligation should have their lawyer contact us at, Finally, let me share updated information on our work for fire survivors. 17.1 This Guidance will come into effect in England and Wales on 8th April 2013. endstream endobj startxref No, the Preliminary Payment determination is not appealable. To make good the loss sustained by the victim or community and to repair relationships: e.g. You are not required to provide any supporting documents to receive a Preliminary Payment; however, the Trust will evaluate supporting documents that you submit with your Claims Questionnaire to estimate the probable final value of your claim(s) to determine whether you are eligible for a Preliminary Payment. In the FVT, the healthcare payors, including Medicare, California Medicaid (Medi-Cal), the Department of Veterans Affairs, and some private insurers, seek recovery for the costs of the care associated with the personal injury and emotional distress claims paid to fire survivors. 415.732.7801. For more information, visit FireVictimTrust.com. Were making every effort to keep Fire Victims and their attorneys apprised of our progress each step of the way. PG&E Fire Victim Trust Extends Deadline for Fire Victims to Submit On September 29th, Governor Gavin Newsom signed a bill which will make PG &E wildfire victims' settlement payments state tax-free, but as of right now fire victims must still pay federal. D~v&{vDfLg` 2ZL 89 0 obj <>/Filter/FlateDecode/ID[<12ADF499CDD0F942B58CBA45BD9CE40A><47960FA75CE20B469EF2827A360C6445>]/Index[65 35]/Info 64 0 R/Length 113/Prev 168626/Root 66 0 R/Size 100/Type/XRef/W[1 3 1]>>stream PDF A LETTER FROM THE T OF THE IRE ICTIM T - Fire Victim Trust The giving of such advice can occur where the police wish to give a simple caution to a person who is alleged to have committed an indictable only offence or in any other case which is referred to the CPS for a charging decision but where the prosecutor believes the offender should be diverted from prosecution by way of a simple caution instead. The Fire Victim Trust ("FVT") has determined that you are eligible for a preliminary payment and are now receiving a Preliminary Payment Election Form that needs to be signed and completed to receive payment. Most retained firefighters are based in rural areas and will crew one or two appliances at a solely retained fire station, An alternative form of out of court disposal may not be offered. If, for any reason, it proves not to be possible to administer the caution the offender should be charged with the offence and may not be offered any other out of court disposal. Identifies and explores the issues around abuse of process. This means they will aid with administration tasks and distributions. The Trustee intends for Preliminary Payments to be one-time disbursements to help Claimants address the extreme hardships they are facing as a result of the pandemic and the recent and ongoing wildfires while the Trust is processing claims to final determinations. The FVT's mission is to provide "an efficient and equitable process to review and compensate Fire Victims for both economic and non-economic damages caused by these fires, including destruction or damage to real estate and personal property, additional living expenses, lost wages, business losses, personal injury or death, related medical PG&E Fire Victim Trust to Issue Preliminary Payments of Up to They will . As of Wednesday, the Trust has paid 1,600 claimants (or about 2% of the total claimants) a total of $21,735,500. John Trotter, trustee of the Fire Victim Trust PG&E still owes the trust $700 million, which isn't due to be paid until next year. hbbd```b``z" YNEX e &*]' 2w2XDLM0 I3 vIl" VH ZO 7.2 Where a Conditional Caution with suitable conditions may provide reparation to the victim or community; be effective in modifying offending behaviour; facilitate removal from the jurisdiction and ensure non-return; or provide an appropriate penalty, the offender should not be charged unless it is determined that the case is too serious for a conditional caution to be appropriate. California wildfire victims must still pay federal tax on PG&E (2) have timely filed a Proof of Claim (i.e., have filed a Proof of Claim with the Bankruptcy Court by December 31, 2019); (1) have a claim related to an Included Fire; and the Claims Administrator Cathy Yanni, the Fire Victim Trust provides an efficient and equitable process to compensate Fire Victims for both economic and non-economic damages caused by these fires, including destruction or damage to real estate and personal property, additional living expenses, lost wages, business losses, emotional distress, personal injury and death. - It is critical that we help fire victims maintain access to future benefits and that coverage is not disrupted because of non-compliance with reimbursement obligations. Additional rounds of pro rata payments will follow until the fund is depleted. 13.4 In such cases prosecutors should ensure that they have fully considered the risk assessment provided by the police, the history of the relationship and the circumstances of the offence before seeking approval from their Deputy Chief Crown Prosecutor for a DA case or orHQ Hate Crime team for Hate Crime. The CPS Area will provide a response within 7 days. payments. SAN FRANCISCO-- ( BUSINESS WIRE )--Justice John K. Trotter (Ret. The decision that exceptional circumstances exist in any case may only be made by a police officer not below the rank of Inspector. We receive the claimants medical expenses, audit and dispute any services unrelated to the claimants injuries, and then negotiate the repayment amount to reduce the claimants repayment obligation. The EPC Camp Fire Payment Processor was hired as the fund administrator to help administer Payment Election Forms and the distribution of payments. How much progress have you made on the medical lien program? The initial pro rata payment will be 30% of the total approved and accepted claim amount. 14.1 The decision to offer a Conditional Caution for an indictable only offence, an either way offence routinely dealt with at the Crown court or likely to attract a high level community order or sentence of imprisonment, may only be taken in exceptional circumstances where the decision maker is able to conclude that the public interest does not require the immediate prosecution of the offender and that if it took place a court would not impose a period of imprisonment or high level community order.
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