Criminal Injuries Compensation Authority

 

Criminal Injuries Compensation Authority

The Criminal Injuries Compensation Authority (CICA) is a Government body that pays compensation to innocent Victims of crimes of Violence.

Compensation is fixed according to a tariff/scale of damages under which the compensation paid will generally be less than that payable under civil law.

Rules of the Scheme

An Application to the CICA can be made if:

  • You have been physically and/or mentally injured as a direct result of a crime of violence in this country;
  •  and
  • Your injuries are serious enough to qualify for the minimum award payable under the scheme (£1,000 for injury).
  • The scheme will assist you to make an application if you were assaulted overseas where it can

In addition the matter should be reported to the police by you as soon as possible, you must cooperate fully with any Police investigation and the CICA has to receive the application within two years of the date of the incident which resulted in your personal injury. The CICA do have discretion to extend this in limited circumstances.

Your application for compensation

Once your completed application form is submitted, the CICA will gather evidence from all those involved in investigating the incident and your treatment

  • Obtaining appropriate medical records and x-rays;
  • Instructing an appropriate medical expert and obtaining medical reports;
  • Liaising with the police to investigate whether the circumstances surrounding the crime of violence justify an award of compensation under the scheme.

It is not necessary for an offender to be identified or convicted but the CICA will usually wait until any criminal proceedings have been concluded before considering an award.

Financial losses and expenditure

Any financial losses you incur are only payable by the CICA if you lose earnings or the ability to earn for at least 28 weeks from the date of your injury.  Lost earnings for the first 28 weeks are never recoverable.

The maximum award presently payable is £500,000.

Initial decision

In most cases after approximately 9 months the CICA will make a decision. This time does vary on the circumstances of the injury and its severity..  If you are unhappy with the initial decision, you can ask the CICA to review it.  The claim will be referred to a more senior officer who will carry out a full review. 

Refusal or reduction of award

The CICA can to refuse or reduce an award on the basis of:

  • Your behaviour before, during or after the incident in which you were injured;
  • Any criminal record you may have;
  • Any failure by you to co-operate with the police or the CICA.

Appeal

If you remain unhappy following the review decision you can apply to the Criminal Injuries Compensation Appeals Panel which is a body independent from the CICA. 

At all stages there are time limits in which to deal with enquires made by the CICA and the review of their decisions. A claim can be lost if the time limits are not complied with.

The CICA does not pay a Victim's legal fees. Whilst a form of "No Win No Fee" agreement may be entered into the legal fees involved would ordinarily be paid from any compensation the Victim received.

 

15th October 2018

Sarginsons Law