If you have been physically or mentally injured as the result of violent crime you may be entitled to claim criminal injury compensation. Our specialist solicitors are members of the Law Society panel of personal injury experts and deal with claims using the risk no win no fee scheme. If the criminal injury compensation claim is unsuccessful for any reason there are no charges and no expenses to pay. There are three main methods in which damages can be claimed by the victims of violent crime which are by application to the Criminal Court at the time of the assailant’s prosecution for an award by the presiding judge, by suing in the civil court after police prosecution or in the absence of police prosecution and by way of an application to the Criminal Injuries Compensation Authority (CICA). All three methods of achieving criminal injury compensation have pros and cons however on balance, in the absence of certain unusual circumstances; the most effective method is by CICA application.

In order to qualify for criminal injury compensation from the CICA you must have been injured as the result of one of the following situations :-

• being the victim of a violent crime
• during the course of the apprehension of a criminal or a suspect
• during the course of attempting apprehension of a criminal or a suspect
• assisting a police officer
• during the offense of trespass on a railway
• during the prevention or attempted prevention of a crime

* Note that the perpetrator of the crime does not have to be caught, charged or convicted in order for the victim to receive criminal injury compensation.

Typically injuries sustained in motor accidents are not eligible for criminal injury compensation through the CICA. The offence of causing death by dangerous driving whilst a serious criminal offence, that often results in imprisonment, is not covered by the CICA scheme and compensation in these and similar circumstances must be claimed from either the motor vehicle insurers or in the case of uninsured drivers or ‘hit and run’ drivers through the Motor Insurers Bureau which compensates the victims of uninsured or untraced drivers. The main exception to this genera rule relating to incidents involving motor vehicles is the situation in which the vehicle was intentionally used as a weapon to inflict harm in which case an application for criminal injury compensation can be made to the CICA.

Furthermore unless an animal was deliberately instructed or encouraged to cause harm and was effectively used as a weapon to inflict personal injury, claims involving animal bites, including dog bites, are not considered by the CICA. These incidents must be directed to the owner or in appropriate cases to the owners insurers for settlement.

The CICA follows specific guidelines in determining how much criminal injury compensation the victim is eligible to receive. The amount of an award is based on a tariff table that assigns a monetary value to a variety of different injuries. Up to three injuries can be included in the criminal injury compensation claim however the award by the CICA for the second and third worst injuries will discounted by a statutorily mandated percentage.

If you are unable to work for a period of more than 28 weeks, you may be compensated by the CICA for lost wages however the first 28 weeks of disability are not eligible for criminal injury compensation. Further, you can also be reimbursed for expenses associated with the loss of, or damage to, physical aids and the cost of National Health Service treatment or for reasonable private treatment. In addition if the injury necessitates that you purchase special equipment, modify your home or receive ongoing care, you may be compensated for these expenses.

Damages can be reduced or refused if the claimant has “unspent” criminal convictions or if they failed to cooperate with police during the investigation. Additionally, the behaviour of the injured party during the time surrounding the incident will be evaluated. The criminal injury compensation award can be reduced or refused altogether if the CICA determine that the applicants behaviour before, during or after the incident was inappropriate. If the victim is dissatisfied with the amount of a criminal injury compensation award, they may ask for an internal review by a senior CICA case officer and if dissatisfied with the outcome of a review they may make a formal appeal to the Criminal Injuries Compensation Appeals Panel (CICAP) which is an independent body appointed by the Secretary of State. Thereafter appeal from CICAP lies with the government Ombudsman.

It is within the power of a judge in a criminal trial to order the defendant to pay criminal injury compensation to the victim of an assault. The victim must approach the prosecuting authority and a request will be made on behalf of the victim at the end of a successful prosecution. This is not usually a satisfactory method of obtaining criminal injury compensation as most assailants are unemployed, impecunious and without assets thereby ensuring that most awards remain unpaid. A judge also has an option of awarding a ‘reward’ from public funds, usually to a lay person who has been involved in an arrest however this is not necessarily connected with personal injury.

An injured victim does have the option of taking civil legal action in the County Court or in the High Court to claim criminal injury compensation. This method of obtaining compensation is very effective for compensation for serious injury against wealthy defendants. Awards made by the CICA are capped and in extreme cases may not represent reasonable compensation however civil court action has no upper limit. It is not necessary for there to be a police prosecution in order to take civil action however the case must still be proved before the civil court on the basis of ‘balance of probabilities’ which is a lesser standard of proof than in the criminal court where guilt is only established ‘beyond reasonable doubt’. Over recent years there has been a number of high profile, high value personal injury cases involving criminal assault by highly paid professional footballers both on and off the pitch.

For free legal advice on CICA claims simply phone us on the helpline. We offer our services on a no win no fee basis. If you do not receive compensation you will owe us nothing for our services. Contact us today for a no charge assessment on your prospects of success and the estimated value of your claim. Receiving this advice does not obligate you to take further action. There is absolutely no charge for the consultation, regardless of whether you proceed with your claim.

There are certain circumstances where a solicitor can sue the police, on behalf of his client, in a civil court for compensation. Legal aid may be available to take legal action in these cases. There are four main areas where the police fail and are liable to pay compensation as follows :-

• Wrongful Arrest
  Otherwise known as unlawful arrest and detention may result in damages payable to the victim for false imprisonment. If the police have acted outside their legitimate powers by detaining someone who has not been subjected to a lawful arrest and interfered with that persons liberty, the police officer may be acting outside the scope of his duty. When making an arrest, a police officer must have reasonable grounds for suspecting that an arrestable offence is being committed, or is about to be committed and if an arrest is made outside these grounds then a police officer will have acted outside his legal powers and may well be liable to pay damages for false imprisonment.
• Assault
  The police are entitled to use reasonable force in the execution of their duty. If they use excessive force a lawyer may be able to take civil action for compensation for assault. The legal definition of assault covers a wide range of injury to the person from the most minor touching to instances of severe battery. Claims against the police usually involve allegations of actual bodily harm evidenced by photographs or witness statements and can include illegal body searches particularly in cases where there has been a wrongful arrest and false imprisonment. In addition it may be possible for a potential claimant to make application to the CICA for criminal injury compensation.
• Malicious prosecution
  This civil wrong occurs when the police have no reasonable cause to prosecute but they do so anyway. To claim compensation the following points must be proved :-
  • the arrest was without reasonable and probable cause
  • the prosecution caused injury to a person’s reputation
  • the police acted maliciously
• Human Rights
  The Human Rights Act 1998 gives statutory force to the European Convention on Human Rights which ensures that the police have a duty not breach the rights and freedoms of ordinary citizens. Failure by the police to adhere to the convention may enable a lawyer to take legal action in the civil courts for compensation.

The Home Secretary is prepared to pay compensation to those who have suffered a miscarriage of justice and have been wrongly convicted or charged as outlined in Section 133 of the Criminal Justice Act 1988 which states that damages may be payable when a person who has been convicted of a criminal offence is pardoned or has had a conviction reversed. Claims under Section 133 of the Act often involve high profile cases and there have been numerous substantial awards for those pardoned after spending many years in prison due to a miscarriage of justice.

If you wish to claim compensation against the police or against the government you will need the help of an expert lawyer to ensure fair treatment. If you would like to talk to an experienced lawyer with no charge just use the helpline. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged anything at all.