The Criminal Injuries Compensation Scheme was established under the Criminal Injuries Compensation Act 1995 and was introduced to compensate victims of violent crime. The Criminal Injuries Compensation Authority (“CICA”) only applies to England and Wales. According to the scheme, there are certain requirements that must be fulfilled in order to be eligible to claim compensation; the incident must have been reported to the police and a claim should be started within 2 years of the incident taking place.
There are a number of different crimes of violence that are covered under the scheme such as:
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A violent crime that has led to death
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Grievous Bodily Harm (GBH)
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Actual Bodily Harm (ABH)
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Sexual abuse or assault
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Rape
I recently read an article provided that just 3% of injured victims of crime go on to receive any compensation from CICA. The reason for this, according to the Victim’s Commissioner, is that there is no expectation that the police or victim support services will inform victims about the scheme and no agency is responsible for doing so. Additionally, the application process can be difficult to navigate and traumatic for victims.
There are minimum and maximum amounts in relation to what can be claimed for injuries, a tariff of injuries, in the Criminal Injuries Compensation Scheme. However, compensation can be paid for special expenses and loss of earnings.
The CICA tells victims of violent crimes that they do not need to appoint legal representation to purse a claim for compensation, however this creates a risk that victims are not receiving adequate compensation for their injuries. Appointing legal representation will ensure that unfair decisions are challenged as well as support and assistance provided throughout the difficult to navigate claims process.
If you would like to discuss a CICA claim, please contact Richard Harriman by email or on 01494 521301.