Introduction

The Criminal Injuries Compensation Authority (CICA) hit the headlines recently after the tragic events of July 7th 2005 when terrorist attacks on London left many people seriously injured. The government run scheme was criticised after some victims of the bombings felt that the amounts they were being awarded for their injuries were derisory and that the time taken to actually receive an award was woefully slow.

The CICA have today (07/12/05) announced plans to change the system. They have set up a special incident team to deal with the July 7th applications and will continue to deal with other applications as usual.

The scheme was also in the limelight again after several newspapers reported that the chief campaigner on behalf of the victims was in fact a convicted rapist in one of the most violent crimes of this kind seen in the U.K. Many reports suggested that this campaigner was the last person who should be highlighting the needs of victims having subjected his own victims to such a terrible ordeal. The announcement today has however, controversially clarified that unlike for other applications, the CICA will not take into consideration the conduct of the applicant.

What seems to have been missed are the legal principles behind the criminal injuries compensation scheme and the facts of how it operates. The following is a summary of the key legal facts behind the Criminal Injuries Compensation Scheme which can help victims of crime:

Criminal Injuries Compensation Scheme

The scheme is a government run scheme, funded by the taxpayer which aims to compensate victims of crime by way of a discretionary award. The scheme deals with claims made by victims of crime on or after 1st April 2001.

Eligibility

To be eligible for an award the claimant must have sustained a criminal injury on or after 1st October 1979.The injury must have been suffered in Great Britain and unless good reason can be shown otherwise the application must be made to the scheme within 2 years of the incident.

The Criminal Injuries compensation board will consider various factors. Interestingly, they will consider the character of the applicant not only during and after the incident but also before as demonstrated by the applicant's criminal record or lack thereof. In the above example of a convicted rapist being unsatisfied with the award, it is not surprising that many people whilst sympathising with the fact that the claimant had lost a limb in tragic circumstances, find it hard to reconcile this on spending tax payers money on compensating a violent rapist. This extreme example highlights why awards made by the scheme are discretionary. It is an enlightened society indeed that compensates victims of crime for the injuries they have suffered albeit that this is something we should be proud of.

The CICA may also reduce or withhold an award in its entirety if it is shown that the victim did not cooperate with the police.

The scheme adopts a penalty points system which may reduce the award to 0% depending on the claimant's character and cooperation with the police. Although as stated above, the CICA have confirmed that this is not a consideration which will be considered from an applicant who has been a victim of the July 7th bombings.

Compensation

The scheme adopts a tariff system which takes into account the severity of the injuries as well as the number of injuries the victim has suffered. In this way, awards are made uniformly and the scheme is seen to be fair.

Compensation can also be made for loss of earnings (although not for the first 28 weeks), special expenses and for fatal accidents(to include funeral expenses).

There is a maximum award of £500,000.00 (this is subject to changes which will be the topic of our next article).

Deductions

Deductions are commonly made where the victim has received compensation as a result of a criminal or civil court case or settlement.

Conclusion

The criminal injuries compensation scheme is something that can provide financial recompense for victims of what are often senseless crimes. It operates under a uniform and regulated system which is aimed at fairness to all. Often an applicant will wish to instruct a solicitor who will be able to present their case in order to obtain the best possible award for the victim. Solicitors costs cannot be recovered from the CICA so a solicitor will take their fees from any award which is made on a contingency fee basis (i.e. a percentage of the award) However, an application can be made by the applicant themselves by filling in the CICA's application form.

If you have been the victim of crime within the past few years and would like assistance in making a claim to the CICA then call us now on Freephone 0800 389 9136 or email info@lawclaim.net for further information and advice.