Criminal Injury Claim

The 2012 Scheme provides that a person may be eligible for an award if they sustain a criminal injury which is directly attributable to them being a direct victim of a crime of violence committed in a relevant place.

We deal with all CICA Claims on a no win no fee basis and, therefore, there are no upfront costs to pay.

The definition of ‘criminal injury’ is a physical attack; any other act or omission of a violent nature which causes physical injury to a person; a threat against a person, causing fear of immediate violence in circumstances which would cause a person of reasonable firmness to be put in such fear; sexual assault to which a person did not in fact consent or arson or fire raising.’

An act as above will not amount to a crime of violence unless it is done either intentionally or recklessly. However, in exceptional cases, an act may be treated as a crime of violence where the assailant is not capable of forming the requisite mental element due to insanity or is a child below the age of criminal responsibility but who understood the consequences of their action.

This includes physical (including fatal) injury; mental injury (that is, medically recognized psychiatric or psychological illness) and disease (that is, a medically recognized illness or condition.) This can also include the exacerbation of a pre-existing injury or the acceleration of the onset of symptoms from a pre-existing injury. The 2012 Scheme (i.e. the current scheme governing such compensation) does not make any distinction between physical and mental injuries.

The Application needs to be received by the CICA within a period of two years. It must be signed by the Applicant, a parent or guardian or a person acting on the Applicant’s behalf. There is however a discretion to extend the 2 year time limit. Paragraph 89 of the current Scheme provides that the period may only be extended if the CICA is satisfied that:

(a) Due to exceptional circumstances, the Applicant could not have applied earlier and:

(b) The evidence presented in support of the Application means that it can be determined without further extensive enquiries by a claims officer.

Any application accordingly relies upon ‘exceptional circumstances.’ It has been stated that ‘each claim depends on its own facts’

In the case of sexual assault, an Applicant has a period of two years as from the date of reporting the crime to the police within which to apply for compensation. That period can be extended on the same ground, namely of ‘exceptional circumstances.’

An award will be withheld unless the incident giving rise to the criminal injury has been reported to the police as soon as reasonably practicable. An Award may further be withheld or reduced where the Applicant fails to take reasonable steps to assist a claims officer and will be withheld unless the Applicant has cooperated as far as reasonably practicable in bringing the assailant to justice.

Similarly, an Award may be withheld or reduced where it is considered that the conduct of the Applicant before, during or after the incident giving rise to the Application, makes it inappropriate that a full award or any award at all be made.

This of course depends on the gravity of the injury that has been sustained. It has to be a ‘more serious’ injury. As far as mental injury it cannot include temporary anxiety. The maximum limit is £500,000. In addition to compensation for personal injury, there is provision for loss of earnings, both to date and for the future as well as other special expenses such as medical expenses, loss of property, adaptations to the Applicant’s property and care costs.