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govan law centre

 
claiming criminal injuries compensation










disclaimer

The criminal injuries compensation scheme was introduced in the UK in the 1960's and originally quantified loss on a common law basis similar to the courts.  This proved too expensive for the state, and 'tariff awards' (i.e. fixed sums) were introduced by the 1996 and 2001 CICA schemes.

introduction
The 1996 criminal injuries scheme applies to all claims received between 1 April 1996 and 31 March 2001.  Click here for a copy of the 1996 scheme and tariffs.  The 2001 criminal injuries compensation scheme applies to all claims made after 1 April 2001.  Click here for a copy of the 2001 scheme and tariffs.

Most claims are now processed by the CICA (criminal injuries compensation authority, based Tay House, 300 Bath Street, Glasgow, G2 4LN (t) 0141 331-2726) under the 1996 and 2001 schemes.  The maximum capped award under the 2001 tariff scheme is £500,000 gross.  This limit is before any possible deductions under the scheme.  Deductions may include any compensatory award made by a criminal or civil court.

In order to make a claim an applicant must be an 'innocent victim of a crime of violence'. The evidential test is on the civil standard, namely the balance of probabilities.  There is no requirement for corroboration.   It is not necessary for a successful criminal prosecution to be secured before a claim can be made.  If the perpetrator of a crime of violence is legally incapax or below the age of criminal responsibility (below 8) it is still possible to claim criminal injuries compensation.

The scheme excludes: accidental injuries; road traffic injuries (unless the vehicle was deliberately used to injure); and injuries from animals (unless the animal was deliberately used as a means of attack).

making a claim
The first step is to complete an application form and lodge this with the CICA (address noted above).  Claims must be made within 2 years of the injury, however this time limit may be waived in special circumstances (e.g. child claims, or sex abuse claims).

click here for a personal injury CICA application form
click here for a fatal injury CICA application form

The CICA has published guidance for applicants in how to complete forms, which can be viewed on-line at www.cica.gov.uk.  Applicants can get help in completing forms (or requesting a review or appeal of a decision) from law centres, solicitors and advice agencies.

If an application is turned down or the application is not satisfied with the award offered, he or she can request a review within 90 days of the decision.  The review is a 'paper procedure' and is undertaken by a senior CICA officer. 

If the applicant is not satisfied with the review decision, he or she can request an oral hearing before the Criminal Injuries Compensation Appeal Panel (CICAP).  An appeal has to be requested within 90 days of the review decision.  The CICAP has a secure site on-line appeal facility here: https://www.cicap.gov.uk/secure/appeal.asp

The CICAP is independent of the CICA and looks at the matter afresh.  The appeal provides the first opportunity for oral evidence in the claim to be led.  The CICAP usually comprises of 3 or 4 members.  The chair is a qualified lawyer.  There is usually a member who is medically qualified.  There will always be a lay-member(s).  Decisions of the CICAP are final, but may be challenged by way of judicial review where appropriate.  Witnesses cannot be compelled to attend a CICAP hearing. 

The appeal hearing itself is relatively informal.  Evidence is not taken on oath.  Opinions are admissible in evidence, as is hearsay evidence.  Hearings can take a matter of minutes to several hours depending on the complexity of the appeal.  The appeal hearing is in private and any decision is also private.

The CICA is represented at the appeal by an official.  Proper presentation of an applicant's case is important to the prospects of success. Some applicants obtain representation from law centre solicitors or private solicitors (but note that legal aid is not available for representation, although advice and assistance may be available for preparation).

The CICAP is able to look at the conduct of the applicant 'before, during and after the incident'.  Previous unspent criminal convictions may affect whether an award is payable.  If the applicant has not co-operated with the police as regards the incident this may result is a reduction of award or no award at all.  Medical evidence should be lodged in advance of the appeal.  Where an applicant claims for psychiatric injuries, he/she will require a psychologist or psychiatrist's report confirming such injuries.

awards and heads of claim
The CICA can only make a financial award.  Applicants can claim up to three separate physical injury tariffs where appropriate.  Under the 1996 scheme 100% of the first tariff (which will be the highest sum) can be claimed, 10% of the second, and 5% of the third.  The 2001 scheme is more generous and allows 100% of the first tariff, 30% of the second and 15% of the third.

Applicants can also make a loss of earning head of claim.  However, loss of earning are only recoverable after 28 weeks (and in all cases the first 28 weeks are excluded). The CICA will expect one year's wage slips to be lodged in evidence or if self-employed 3 years of accounts (accepted by the Inland Revenue).  Applicants should try and agree wage loss with the CICA where possible before the appeal hearing.

Applicants can also claim for care costs.  No interest is payable on awards, and no award can be made for property loss.

summary of 2001 scheme changes

  • multiple tariff scaling uprated to 100% for first tariff, 30% second and 15% third;

  • for mental anxiety claim must now be at least 6 weeks of mental anxiety (the 1996 scheme had no time requirement);
  • paragraph 14 of the 2001scheme can now be refused any award if under the influence of drink/drugs when incident sustained (1996 scheme, para 13(d) only provided for reduction of awards);
  • sexual injuries tariffs increased, but now include component for shock; and
  • for fatal incidents under 2001 scheme a same-sex partner can now claim.

     

    note: this document is intended as a guide only, and website users should always obtain their own qualified advice before submitting a claim; this document is subject to GLC's disclaimer policy. 26-03-03.