Criminal Injuries

What is Criminal Injuries Compensation?

If you are the innocent victim of a "criminal injury" you may be entitled to apply for compensation from the state. Applications are made to the Criminal Injuries Compensation Authority (CICA) and eligibility is not dependent upon the offender having been identified or prosecuted.

What is a criminal injury?

The CICA provides a definition of "criminal injury" as having four elements :-

• one or more personal injuries;
• sustained in Great Britain;
• directly attributable to;
• a crime of violence;

Certain types of incident, however, are not covered by the CICA scheme including incidents of domestic violence and injuries caused by the use of a motor vehicle.

What types of injury are covered by the CICA scheme?

The CICA define a personal injury as including :-

• physical injury (including a fatal injury);
• mental injury;
• disease;
Minor injuries are not covered by the CICA scheme and no award of compensation will be made unless the injuries merit a payment of at least £1,000.00.

Almost every victim of a criminal injury will suffer some emotional disturbance. If a victim suffers a mental injury without a physical injury, for example, because he or she was threatened but not actually attacked, no award would be made where symptoms last for less than six weeks as a requirement exists for the compensation awarded to have a minimum level of £1,000.00. Further, when compensation is paid for physical injury a separate award for mental injury will not be made unless the compensation due for the mental injury exceeds the level of compensation that would be payable for the physical injury. In other words, unless the mental injury is more severe than the physical injury no separate award of compensation will be made for it. In general circumstances, the award for physical injury includes an element of compensation for the mental injury as well.

The CICA scheme provides for compensation to be awarded where a victim contracts a disease as a result of the crime. This might happen, for example, where a sexually transmitted disease is contracted following a sexual offence.

How is the amount of compensation calculated?

The level of compensation awarded to a victim of crime is made on the basis of a tariff (scale) of awards which allocate a fixed amount for a specific injury. Tariffs range from level one (minimum award £1,000.00) to level twenty five (maximum award for any one injury £250,000.00).

If a victim suffers more than one injury as a result of a crime of violence the CICA scheme provides that compensation will be calculated as follows :-

• the tariff amount for the most serious injury; plus
• 30% of the tariff amount for the next most serious injury; plus
• 15% of the tariff amount for the third most serious injury
• no additional award is made for any further injury

What about any financial loss suffered by the victim?

In addition to the award for injury additional compensation may be made in cases where the victim has suffered financial loss. This will include :-

• net loss of earnings but no award is made for the first twenty eight weeks of loss
• special expenses from the date of injury (but only where incapacity exists for more than twenty eight full weeks from the date of injury) which include costs of care, any reasonably incurred private medical or dental expenses and the cost of any special aids and equipment purchased because of the injury suffered.

Does the scheme cover relatives of victims who die as a result of criminal injuries?

A "fatal injury" award may be made to certain categories of relative of a victim who dies as a result of a criminal injury.

A "dependency" award may also be made if the relative depended financially upon the victim who died.

A "loss of parental services" award may be made to children under the age of eighteen of a victim who dies as a result of a crime of violence.

Further, the reasonable funeral expenses of the victim may be repaid to anyone who pays for them.

In what circumstances can the CICA refuse to make a compensation award to a victim of crime?

If the incident is not reported to the Police immediately and without good reason the CICA can refuse to make an award of compensation or make a reduced payment. It is imperative, therefore, to report the incident to the Police at the first available opportunity.

If the victim fails to co-operate with the Police by, for example, refusing to make a statement or generally fails to co-operate with any police prosecution the CICA may refuse to make an award of compensation or make a reduced payment.

If the victim fails to co-operate with the CICA compensation can be reduced or withheld.

If the conduct of the victim caused or contributed to the incident in which he/she was injured the CICA may refuse to make an award of compensation or make a reduced payment. This may happen, for example, where the victim provokes the assault in which he/she is injured or strikes the first blow.

If the victim has relevant and/or significant criminal convictions the CICA may refuse to make an award of compensation or make a reduced payment. The CICA utilize a system of penalty points to determine whether to refuse or reduce compensation in such circumstances and relevant factors include the length of time that has passed since the offences were committed and the length and type of sentence given to the victim at the time of conviction.

How do the CICA handle applications for compensation?

Once an application for compensation has been submitted to the CICA they will make enquiries in order to establish whether an award of compensation will be made. Investigations will be made by the CICA of :-

• the Police;
• hospitals and doctors that the victim attended post incident;
• witnesses to the incident.

When the CICA have received all relevant responses to their enquiries the application will be considered and a decision made as to whether the victim has an entitlement to receive an award under the scheme and, if so, the tariff level will be determined. This process takes many months. The decision made is notified to the victim or his/her representative.

If an application is refused or an inadequate offer made can it be appealed?

If the CICA refuse a claim or make an inadequate offer of compensation it is possible to seek a review of the initial decision which will be carried out by a more senior case worker. The CICA can reduce or withhold money that had initially been offered following a review as well as considering an increase in the award.

If the review is rejected it is possible to appeal the decision. Applications for appeal are made to the Criminal Injuries Compensation Appeals Panel who are independent of the CICA. The appeal hearing will take place usually at a venue close to the applicant or his representative.

Is there a time limit for submitting an application?

An application must be submitted within two years of the violent incident. After that time the CICA are unlikely to accept an application. Certain exceptions do exist when the two year time limit will be extended e.g. where the victim was under eighteen at the time of the incident when the two year time limit will usually only begin at the date of that person's eighteenth birthday. It is sensible, however, to submit a claim as soon as possible whilst the facts of the incident are fresh in the mind and the records are readily available.

How will my costs be covered?

The CICA do not pay legal costs even where the application is successful.

Hodge Halsall are, however, able to provide assistance in the following way :-

• an initial free thirty minute interview in order to determine whether your application is likely to be successful and to advise as to the merits of a claim;
• Legal Expense Insurance cover may be available to you which may meet the legal costs involved;
• A Contingency Fee Arrangement (no win/no fee) will be considered with you.

see our funding options for more details

Hodge Halsall have many years experience in pursuing Criminal Injuries Compensation claims on behalf of victims of violence. We have assisted clients with obtaining compensation upon review and appeal when initial applications were rejected and have obtained increases in the level of tariff awards offered by the CICA upon consideration of the initial application. We have acted as advocates at appeals before the Criminal Injuries Compensation Appeals Panel and as members of the Law Society Personal Injury Panel and of the Association of Personal Injury Lawyers we are experts in dealing with personal injury claims.

Please contact us for further information.