What is the Criminal Injuries Compensation Scheme?
The Criminal Injuries Compensation Scheme 2008 is run by the Criminal Injuries Compensation Authority, based in Glasgow. It is operated by the Government and is designed to ensure that blameless victims of violent crime receive fair compensation for criminal acts of violence towards them.
The 2008 Scheme applies to the receipt of all applications received by the CICA on or after 3rd November 2008.
Do I qualify for compensation under the Scheme?
You will qualify if:
- You have been injured seriously enough to qualify for the minimum award of £1000. This is so that trivial injuries such as minor cuts or bruises or simply being shaken up do not clog up an already overworked system. As a very rough
- rule of thumb, if you have any injuries which are likely to last 6 – 8 weeks or more, you are likely to qualify. If you are in doubt, telephone us on freephone 08000 815 815 and speak to a personal injury specialist, or send us the online questionnaire and someone will call you as soon as possible.
- You have been injured through an act of violence in England, Scotland or Wales. It is not necessary for anyone to be convicted, prosecuted or even charged with the offence. The assailant does not have to even be known for you to qualify.
- You have submitted your application within 2 years of the assault. (Late applications are possible in certain circumstances, please send in the online questionnaire or telephone us on freephone 08000 815 815 for further details).
You will not qualify if:
- You were injured before 1st August 1964. (This is the date when the first predecessor of the 2008 Scheme came into force.)
- You have already applied for the same injury under the 2008 Scheme or any earlier scheme.
- The injury happened before 1st October 1979 and the assailant lived with you as part of your family.
- the injury and the act of violence occurred outside England, Scotland or Wales.
Even if I qualify under the rules as you give them above, could my application still be refused?
Yes, it is possible. If the CICA believes that your behaviour before, during or after the incident caused or contributed to the assault, your application may be refused, on the grounds you are not entirely blameless. In some cases, an application may be accepted, but compensation may be reduced to reflect some limited blame on your part.
CICA Case Study
Mr A had been in a night club. He had been drinking, but did not consider himself drunk. On leaving the club, the bouncer locked the doors, as the club was closing, but Mr A realised he had forgotten his coat, which was still inside the club. He knocked on the door, but got no reply. He started to bang louder on the door and was shouting to be let in. The door opened and a bouncer punched him the face, causing him injury. The CICA held that Mr A’s behaviour had caused or contributed to the assault and his application was refused.
It is essential that anyone injured in a criminal assault is blameless and does not in any way provoke the attack, or there is a serious risk that the application could fail in whole or in part.
If you have a criminal record, even one which does not relate to the incident in question, your application may be refused.
It is essential you co-operate fully with both the police and the CICA, or your application is likely to be refused.
Equally, it essential you do not delay unnecessarily in informing the police or some other organisation or person of the assault.
If you are in any doubt, please send us the online questionnaire or call us on freephone 08000 815 815 and we will explain this further to you in light of your particular circumstances.
What can I apply for?
In a word, money! Compensation is available for a very wide variety of physical and psychological injuries, including sexual offences.
It is also available for someone who is bereaved as result of a violent crime resulting in the death of a loved one. The applicant in these circumstances does not have to have been attacked. This applies if your parent, spouse, partner or child has been killed as a result of a violent crime. Awards include a fixed bereavement sum (currently £11,000) plus funeral expenses and further sums if you were financially dependent on the deceased.
I was only slightly hurt physically, but have really suffered emotionally.
Can I still claim compensation?
Yes. Psychological injuries are just as real as physical ones. An expert’s report is essential, which the CICA will usually arrange for you at no cost to you.
How much am I likely to get?
The CICA operates on a tariff basis for the actual injuries, with a minimum of £1000 (plus any extras as given below). We will give you a much better idea if you send in the online questionnaire or call us on freephone 08000 815 815 and let us know what your injuries are.
Can I claim for loss of earnings?
Yes, provided your period off work is longer than 28 weeks. The first 28 weeks loss of earnings are disallowed. Your losses must be proven by pay slips, accounts etc. We guide you through the complexities of loss of earnings and other financial loss claims (see below).
Is there anything else I can claim for?
Yes. The cost of private medical treatment, which cannot reasonably be provided by the NHS, care costs including care at home or in residential care and the cost of any adaptations that need to be made to home (provided of course all such costs are a result of the assault) can all be claimed in addition to money for the injuries.
What about sexual offences?
Compensation is certainly available for such offences. We recognise that it is not always easy to talk about such matters, but at Gordons Injury Lawyers, we offer total confidentiality and can put you in touch with specialist support groups, if you wish, as part of our service to you.
I believe that I have a claim. How do I proceed?
Send in the online questionnaire or contact us on freephone 08000 815 815. We will give you confidential and discreet advice. A member of our mobile legal support team will arrange to visit you at home if you wish and guide you through the lengthy application forms, which we submit for you.
The CICA publishes its own handbook, but this document is a huge document over 100 pages long. We can guide you through those parts that apply to you and advise fully about the likely level of compensation you can expect to receive from the CICA in your circumstances and the timescales involved.
What does it cost?
We charge a fixed fee for our legal services for these applications, which we will not increase as time goes by, so you know where you are right from the beginning. The fee depends on whether you wish us to attend any hearings with you. (There are regional centres for hearings, not just Glasgow where the CICA is based). The quoted fee will not include the cost of any appeal.
The CICA will usually bear the cost of any medical reports, although privately paid for reports can be submitted also. (Privately incurred medical reports put the cost up, unfortunately, but they are only very rarely necessary).
There is no extra charge for the use of our mobile legal support team’s visit, if you choose that option. Contact us on freephone 08000 815 815 for further details or send in the online questionnaire and someone will call you as soon as possible.
There is currently no fee for submitting an application to the CICA.
The CICA does not pay legal costs even if your application is successful, unlike in personal injury claims, where the loser pays the costs of successful claimants. However, if your application fails, you do not pay anything to the CICA either.
How long does it take?
The CICA does not work as quickly as one would wish, unfortunately, and applications can take many months or even longer. However, once your application is received by the CICA, there are no more time limits.
If you feel you may have a claim, or simply require further information, please complete the online questionnaire or contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call us on freephone 08000 815 815.
