CRIMINAL INJURY COMPENSATION AUTHORITY APPEAL

If you are the innocent victim of violent crime and have suffered personal injury you are entitled to make a claim to the Criminal Injuries Compensation Authority (CICA). The entire process is usually dealt with by a CICA claims officer who has authority to finalise an application however there are checks and balances, including reviews and appeals, built into the system to ensure that an applicant is treated fairly. At almost every stage in the process an applicant is entitled to ask for a review of any decisions made by the claims officer handling the application which may involve review by a more senior claims officer. In the event that the decision is still unsatisfactory an applicant can apply to the Criminal Injuries Compensation Appeal Panel (CICAP) for a final decision which is binding on the CICA. Furthermore if CICAP does not exercise its discretion properly the matter can, in limited circumstances, be considered by the government Ombudsman.

To instigate review by a senior officer it is necessary to submit an application within 90 days of the initial decision. The request must outline the reasons for the application as clearly as possible including any grievances. You will be notified in writing of the senior officer’s decision. The circumstances in which a claimant may ask for further review by a senior officer include :-

• refusal to waive the 2-year time limit on applications
• refusal to reopen a case
• withholding an award
• reduction of an award
• repayment of an award

If the claimant is still not satisfied with the outcome, they may then bring an appeal to the Criminal Injuries Compensation Appeal Panel (CICAP), a body which is independent of the CICA. Requests for appeals must be submitted within 90 days, barring exceptional circumstances. When CICAP has rendered its decision, it will issue a written notice to both the appellant and the CICA, outlining the reasons for their decision. The CICA must abide by the CICAP ruling.

At any time prior to payment the CICA reserves the right to reconsider its decision. The CICA must give the claimant 30 days notice to allow them to make representations to be considered by the CICA in rendering their final decision. The ability to reconsider the decision enables the CICA to either increase or decrease the amount awarded based on new evidence.

Also the CICA retains the authority to reopen a claim based on any material changes in the victim’s medical condition that might cause injustice if the original amount awarded was allowed to stand. There is usually a limitation period of 2 years on the reinstatement of a case but the CICA does have discretion to extend the period in special circumstances.

Our solicitors have the expertise to help victims bring successful claims to the CICA and they will zealously pursue the maximum compensation available to you under the tariff scheme. We handle criminal injury compensation claims on a risk free no win no fee basis. Should your application prove to be unsuccessful you will not be charged. You pay nothing upfront and you are not responsible for funding the claims process.

Contact us today for free legal advice about the CICA claims process. You will speak with a qualified, experienced solicitor who will evaluate your claim and assess its value. There is absolutely no charge for this consultation even if you decide not to proceed with your claim. For your no obligation, confidential consultation simply phone our helpline.

Whilst apprehension, prosecution and conviction are NOT necessary in order to succeed in an application to the Criminal Injuries Compensation Authority it may be of interest to potential claimants to consider the situation relating to the criminal appeals process :-

Magistrates Court


In cases decided in the magistrates court an accused may believe that the decision was wrong in law or that the Magistrates exceeded their jurisdiction and in these cases an application can be made by way of “case stated” to the Queens Bench Division (QBD) of the High Court. Both the prosecution and defence can use this procedure which means that the prosecution can have a Magistrates Court acquittal overturned. Taking a case to the QBD is not a retrial. There is no oral evidence and the two or three sitting judges read the original documents submitted in the initial case and listen to barrister’s arguments before affirming, reversing or amending the Magistrates decision. There is a further application possible to the House of Lords on a point of law with the leave of the QBD or the House of Lords. The House of Lords hearing is not a retrial. The judges read all the original documents submitted in the initial case and listen to barristers arguments before making a majority decision.

The criminal appeal court procedure to challenge conviction or sentence in the Magistrates court is by way of a re-hearing before a Circuit Judge or a Recorder sitting in the Crown Court with two lay magistrates and is subject to another appeal, in certain circumstances, by way of “case stated” to the QBD as outlined above.

Crown Court


The defendant has the right of appeal against conviction or sentence and the prosecution can appeal against a point of law or against an unduly lenient sentence. The application is heard by the Court of Appeal. The hearing is not a retrial and no oral evidence is given. The Judges consider the documentation and listen to barristers arguments. The Court cannot increase the sentence but must confirm or reduce it. Criminal appeal court procedure allows a further appeal to the House of Lords on a point of law with the leave of the Court of Appeal or the House of Lords. The House of Lords hearing is not a retrial. The judges read all the original documents submitted in the initial case and listen to barristers arguments before making a majority decision.

House of Lords


In certain circumstances, decisions of the House of Lords can be challenged in the European Court of Human Rights and an appeal can be referred from all courts to the European Court of Justice. In addition the Criminal Cases Review Commission may refer miscarriages of justice to the Court of Appeal for reconsideration.