UK CRIMINAL INJURIES COMPENSATION AUTHORITY

Our specialist personal injury solicitors deal with Criminal Injuries Compensation Authority (CICA) claims on behalf of innocent victims of violent crime. We provide legal representation on a risk free no win no fee basis. For free advice, without further obligation, simply complete the contact form or call our helpline.

Violent crime has been steadily decreasing since a peak in 1995 however more than 4% of the population of England and Wales has been the victim of violence with over half of that number sustaining some type of injury which amounts more than 2.5 million victims of violent crime. The Criminal Injuries Compensation Authority was established in order to ensure that innocent victims of violent crime are properly compensated for their injuries. If you are the victim of a violent crime who has suffered from either physical or psychological injury, you may be eligible for compensation from the Criminal Injuries Compensation Authority. In order to qualify, you must fulfill the following requirements :-

• The injury must have necessitated a minimum of two visits to a doctor and recovery from your injury must have taken longer than six weeks.
• In most cases, a claim must be made within two years of the crime however the Criminal Injuries Compensation Authority can exercise discretion and increase the time limit.
• The crime must be reported to the police (or another appropriate and relevant authority) at the first possible opportunity without any delay failing which the claim may be disallowed.

Other important Criminal Injuries Compensation Authority guidelines to be aware of :-

• The claim will be rejected if the applicant fails to fully cooperate and give reasonable assistance to the police or other authority attempting to bring the assailant to justice.
• There is no need for prosecution or conviction of the offender provided that the victim has properly assisted with the investigation.
• Loss of earnings may be paid when recovery from the injury is a lengthy process and it may also be possible to recover any medical expenses incurred.

The amount of financial compensation to which a victim is entitled is determined by the Criminal Injuries Compensation Authority tariff scheme which categorises individual injuries into bands ranging from £1,000 to £250,000. However, the amount of the award may be reduced by certain circumstances as follows :-

• If the victim’s behaviour before, during or after the crime are determined to be inappropriate.
• If the victim has been involved in any subsequent violent retaliation.
• If the victim’s has a criminal record of "unspent" convictions.

If the victim feels the amount awarded under the tariff scheme is insufficient, there is an appeals process that allows the amount of damages to be reconsidered. The Criminal Injuries Compensation Appeal Tribunal which decides appeals is a completely independent body and has no administrative connection with the Criminal Injuries Compensation Authority.

Our specialist solicitors are members of the Law Society panel of personal injury experts. We offer free initial advice on Criminal Injuries Compensation Appeal Tribunal applications 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 advise 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.

The Magistrates Court is the lowest ranking criminal court where all prosecutions begin. Magistrates are only allowed to deal with relatively minor cases. More serious cases will be transferred to the Crown Court depending on the type of offence, the potential maximum sentence and the will of the prosecution, the defendant or the magistrate. There are some cases which can only be heard in one court or the other.

Over 90% of all cases are dealt with to completion in the Magistrates’ Court. Cases will be heard by either a full-time District Judge or by a panel of specially trained part time lay magistrates. Legal clerks will be in the court with the lay magistrates to advise them on law. In cases heard by lay magistrates, the maximum sentencing powers are restricted to 6 months in prison (or 12 month with consecutive sentences). The maximum fines assessed by magistrates may not exceed £5,000. In cases which can be heard in either criminal court, magistrates may refer the offender to the Crown Court for sentencing if they deem their sentencing powers to be inadequate.

The Crown Court deals with serious offences that may be tried before a judge and jury. These offences include murder, rape, serious assault, kidnapping, conspiracy, armed robbery and Official Secrets Act offenses.

Appeals from the Magistrates Court will be sent to the Crown Court, where a judge sitting with lay magistrates will re-hear all evidence already given in the lower criminal court without a jury. Cases appealed from the Magistrates’ Court based on points of law will be heard by the Queen’s Bench Division of the High Court. Appeals against conviction and sentencing are sent to the Criminal Division of the Court of Appeal.