MURDER COMPENSATION CLAIMS CICA FATAL INJURY UK

Most claims to the Criminal Injuries Compensation Authority (CICA) for fatal injuries are as a result of murder. As in all CICA cases there is no requirement for the perpetrator of the offence to be apprehended, prosecuted or convicted. All of the other CICA rules are applicable and in particular application for compensation for murder or unlawful killing must be made within two years of death, the victims behaviour before, during and after the incident is considered as is the victims record of ‘unspent’ convictions.

The charge of murder is a common law offence and is charged as a result of an unlawful killing when the attacker intended to kill or intended to cause serious bodily harm. This offence carries a mandatory life sentence. A murderer will only be released if they are no longer deemed to be a risk to society.

In cases of fatal injury the amounts payable by the Criminal Injuries Compensation Authority are different to those in a non fatal case and murder compensation claims may be summarised as follows :-

Funeral Expenses

No sums are payable to the estate of the deceased except to the extent that the person administering the estate may have paid for the funeral expenses. The CICA will pay the reasonable costs for the funeral to the estate or to any other person who paid the funeral account.

Bereavement Award

The Criminal Injuries Compensation Authority will pay a fixed sum on death to a claimant (or claimants) and that sum is determined by reference to the tariff bands. This figure does not take account of any dependency claim which is a separate item (below) but is in line with payments on death in civil negligence personal injury claims (bereavement award). If there is a single claimant the amount is currently £11,000 and if more than one, the payment is £5,500 for each qualifying applicant. Only those who fall into the following categories are entitled to apply provided that they were not responsible for the death :-

• cohabitee living together at least 2 years
• spouse or civil partner
• parent (natural or assumed)
• child (natural, assumed or dependent)
• former spouse or civil partner in receipt of maintenance

Financial Support for Dependents

A dependent is entitled make an additional claim for financial support provided that the deceased was not in receipt of social security benefits. The amount paid by the Criminal Injuries Compensation Authority is determined after consideration of the applicants and the deceased income, liabilities and expenses in accordance with the CICA regulations which clearly outline the relevant calculations for claims by dependent cohabitees and dependent children. The amounts payable to the victim and the qualifying claimant or claimants will not in total exceed £500,000.

Our specialist solicitors are members of the Law Society panel of personal injury experts. We offer free initial advice on CICA applications for a murder compensation claim and will review your potential claim and advise on its value. If the claim is refused or the award is inadequate, in appropriate cases, we will appeal the decision. For free advice on risk free no win no fee claims just use the helpline or complete the contact form and a solicitor will speak to you on the telephone without further obligation.

If a police arrest is carried out in England and Wales for murder or for unlawful killing the police are required to caution the alleged offender and say the following words :-

"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

In Scotland and Northern Ireland the police are also required to recite a similar caution for murder or for unlawful killing although the wording varies from that in England and Wales.

Upon police arrest a person can normally be kept in custody for 24 hours which can be extended to 36 hours. Only a magistrate can order that the period of holding be extended to a maximum of 96 hours.

Those under police arrest for for murder or for unlawful killing have the right to :-

• be treated with humanity and with respect
• see the written codes governing the legal rights and treatment of those who have been arrested
• speak to the custody officer who must look after the arrested persons welfare
• be advised of the reason for the arrest
• have someone notified of the arrest
• consult privately with a solicitor

Premises can be searched with the consent of the owner or by order of a search warrant provided by a magistrate. The police also have the authority to enter premises and search without a search warrant in the following circumstances :-

• to search premises occupied by or in the control of someone who has been arrested
to capture an escaped prisoner
• when in pursuit of a person that they intend to arrest for certain specific offences
• to protect life or to prevent serious damage to property