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Winter 2023Victims of crime

MOLESWORTHS BRIGHT CLEGG’s personal injury team reflect on government help to compensate blameless victims of violent crime.

The Criminal Injuries Compensation Scheme (‘CICS’) is a UK government-funded programme. It provides compensation to blameless victims of physical or psychological injuries as a result of violent crime. It is administered by the Criminal Injuries Compensation Authority (‘CICA’), an executive agency of the UK government.

Eligibility

  • Direct victim of a violent crime in England, Wales or Scotland (separate scheme for Northern Ireland).
  • Not to blame for the incident.
  • Claim made within two years of the incident occurring (note exceptions e.g., child abuse).
  • Crime reported to the police as soon as reasonably possible.
  • Injury sustained whilst taking an ‘exceptional and justified risk’, while trying to remedy or prevent a crime.
  • Mental injury as a result of witnessing or being involved in the immediate aftermath of an incident in which a loved one is injured; or
  • Qualifying relative of a victim who has died from injuries caused by a crime of violence.

Injuries and awards

  • Compensation can be awarded for injuries sustained in assaults, sexual assaults, and other acts of violence.
  • Compensation for losses can include pain and suffering, loss of earnings, medical expenses.
  • Award is based on a tariff of injuries which outlines specific amounts based on type and degree of injuries.

Why you need a lawyer

  • Statistically, just under 50% of claims are refused. Such decisions can often be challenged and turned around with specialist legal assistance.
  • It’s important to know how CICA operate and to know how to challenge refusals of awards, long delays and low offers of compensation.
  • Criminal Injury Compensation law can be difficult and complex, particularly when victims are dealing with personal trauma and may not have the skill, time or confidence to challenge any decisions reached.
  • A recent independent study found that victims of crime can receive far bigger compensation payouts if they challenge CICA decisions.
  • In the 379 cases which reached appeal in 2022/23, an average payout of £7,848 had been offered per claim. At appeal the CICA’s offer in these cases increased to an average of £47,339, showing an increase of 600% per person.
  • It is always worth consulting an expert in this area to take you through a challenging time and difficult situation.