CRIMINAL INJURIES
COMPENSATION AUTHORITY
The Criminal Injuries Compensation Authority will pay compensation to qualifying victims of crime. Awards of compensation do not include a separate award to cover legal costs which are deducted from any sum awarded.
Damages are now calculated using a tariff scheme whereby each potential injury is awarded a fixed sum based on a wide ranging table of injury values which is publicly available. If the victim of an assault has more then one injury then the scheme will cover the three most serious injuries and a discounted award applies to the second and third most serious injury prior to the individual amounts being aggregated to produce a final overall award.
There is a complex system of appeals whereby interim decisions by administration officers can be escalated to a more senior member of staff for reconsideration and final decisions can be referred to an independent appeals panel which is not connected with the body making the original decision.
Application for an award to The Criminal Injuries Compensation Authority must be made within two years of the assault and although there is provision to extend this time period it is only exercised in exceptional circumstances but such an application if refused can be appealed.
Consideration is given to the applicant’s character and all previous ‘unspent’ criminal convictions are taken into account prior to making an award. A conviction is ‘spent’ if it falls within the provisions of the Rehabilitation of Offenders Act whereby some offences become ‘spent’ after the passage of a pre-determined period of time.
Other matters which are considered in assessing the value of a claim are as follows :-
- The minimum value of an award is £1,000 and that figure will not be reached unless the injury necessitated at least two visits for medical attention and lasted more than 6 weeks.
- Failure to fully co-operate with the police or other proper authorities investigating the assault is likely to lead to refusal of an award of compensation by the Criminal Injuries Compensation Authority however compensation can still be paid even in the absence of a conviction provided that the applicant has given assistance to the investigation.
- There was unreasonable delay in reporting the incident to the police or other relevant Authority. It is necessary to report the incident as soon as is reasonably possible to the police. If the claimant is incapacitated or bed bound then a report should be made either on the telephone or in person by a friend or colleague. Delay of just a few days is sufficient for refusal of an award especially if delay hinders the apprehension of the offender.
- Behaviour by the claimant will be considered before, during and after the incident and in particular no award will be made if the applicant started a fight or provoked or agreed to take part in a fight which caused the injury. Seeking revenge after an assault is also likely to result in refusal of an award.
HELPLINE 0845 177 1792
In the case of CICA claims terms will vary and in the case of MIB claims terms may vary.