Compensation for Victims of Violent Crimes

The Criminal Injuries Compensation Scheme is a government fund set up to compensate the victims of violent crime. The Scheme is administered by the Criminal Injuries Compensation Authority who will investigate the circumstances of a case and decide whether an individual is entitled to an award of compensation for the injuries they have sustained as a result of a violent crime. This article is intended to provide a general overview of the Scheme and provide some guidance as to whether making a claim under the Criminal Injuries Compensation Scheme is applicable to you.

Is the scheme applicable to me?

You can make an application for an award under the Criminal Injuries Compensation Scheme if:-

• You have been physically and/or psychologically injured as a result of a violent crime and the crime took place in the last two years 
• Your parent/child/husband/wife or partner died as a result of a violent crime and their death took place in the last two years
• You have suffered psychological injury because of your close relationship with a person who has been the victim of a violent crime and you were present when the crime took place (or immediately after) and the crime took place within the last two years.

You cannot make an application for an award under the Criminal Injuries Compensation Scheme if:-

• The crime took place outside of England, Scotland or Wales 
• You suffered only a single minor injury
• The crime took place more than two years ago (unless there is a good reason why you did not apply less than two years ago) 
• You were the victim of sexual abuse/assault which ended before 1979 and you and the person you were assaulted by were living together as members of the same family 
• You were the victim of a road traffic accident (unless the vehicle was deliberately used to injure you).

I was the victim of a violent crime.  Am I entitled to make an application for criminal injuries compensation?  Does this automatically mean that I am entitled to compensation?

No. The Criminal Injuries Compensation Authority will take into account the following factors, in particular, when deciding whether your application ought to be refused or your compensation award reduced.

Your dealings with the police – you must be able to show the Criminal Injuries Compensation Authority that you reported the matter to the police as soon as possible after the crime and that you have fully co-operated with their enquiries.
Your conduct before the accident – the Criminal Injuries Compensation Authority will consider whether you started a fight in which you were injured, you agreed to take place in a fight in which you were injured or your behaviour provoked the person who injured you.

Criminal record – the Criminal Injuries Compensation Authority will consider your criminal record. “Unspent” convictions will be taken into account. The Authority will consider all offences, whether incident related or not.  They will also consider how long ago you were convicted and the severity of the sentence.

If the criminal injuries compensation authority thinks I am entitled to an award, what type of compensation will I receive?

Pain and Suffering

If you have suffered injury (or someone you are close to has suffered an injury and you were present) as a result of a violent crime then you may be entitled to an award of compensation for your pain and suffering.

If your parent, child, spouse or partner died as a result of a violent crime then you may be entitled to an award because of your loss plus funeral expenses.

Loss of Earnings

You may be able to claim loss of earnings if you have lost earnings for a full 28 weeks after the date of the injury.

Special Expenses

If you have lost earnings for more than 28 weeks then you may be entitled to claim for medical treatment or special equipment.

How do I go About Making an Application?

You need to complete an application form and send it to the Criminal Injuries Compensation Authority. The Authority will then investigate the circumstances of your case. They will make enquiries with the Police, the Hospital where you sought treatment (if applicable) and with your GP. The Authority will then advise you whether it believes you are entitled to an award and, if so, how much. If you do not agree with the Criminal Injuries Compensation Authority decision there is an appeals procedure.

Applicants should bear in mind that the Criminal Injuries Compensation Authority is a government body. They deal with a high volume of work and have limited funds. This means that applications often take a considerable period of time to be processed and that the rules of the Scheme are applied strictly.

This is only a general guide and is not definitive. If you have any particular problem or need more specific advice then you should consult your solicitor or visit the Criminal Injuries Compensation Authority’s website at, www.cica.gov.uk.

Should you wish to discuss the information contained in this article further, or have questions relating to this area of law, please contact Dawn Rose on 0161 876 2517 or dawn.rose@colemans-sols.co.uk