Making A CICA Claim With A Criminal Record

If you have been the victim of a violent crime, you could be entitled to compensation. If you are unable to make a claim against the perpetrator, your claim may be brought via the Criminal Injuries Compensation Authority (CICA). If you have prior convictions, you may be wondering whether you can make a CICA claim with a criminal record. The simple answer is yes, you may still be able to make a claim. However, there are circumstances in which any criminal injuries compensation settlement may either be reduced or even withheld.

Key Takeaways

• The CICA is a government agency which compensates victims of violent crimes in England, Scotland, and Wales, acting as a last-resort route to compensation.
• The CICA sets strict eligibility criteria which all claimants must meet.
• You may still be able to claim compensation even if you have a criminal record.
• Having a criminal record can reduce your settlement.
• Our criminal injuries solicitors could assess your case and help you make a claim.

If you have a prior conviction and want to find out if you can make a CICA claim with a criminal record, an advisor could help assess your case.

• Call 0161 509 2856
• Contact us online.
• Speak to an advisor live.

Jump To A Section

• What Is A CICA Claim With A Criminal Record?
• How Does A Criminal Record Affect CICA Claims?
• Can You Still Claim If You Have An Unspent Conviction?
• Will A Criminal Record Reduce Your Compensation Settlement?
• Compensation For A CICA Claim With A Criminal Record
• How To Make A Criminal Record CICA Claim
• Make A No Win No Fee Claim Through The CICA With A Criminal Record
• CICA Claim FAQs
• Related Criminal Injury Claim Guides

What Is A CICA Claim With A Criminal Record?

A CICA claim with a criminal record is a way to seek compensation through the Criminal Injuries Compensation Authority after suffering a criminal injury.

All claims made through the CICA must meet the following conditions,

• You were injured in a crime of violence. This is defined in Annexe B of the Criminal Injuries Compensation Scheme 2012. Violent crimes may include assaults or sexual abuse. Or were the loved ones of someone who died due to a violent crime, such as the families of murder victims.
• You reported the crime to the police.
• The violent crime occurred either in England, Scotland, or Wales, or in another relevant place, such as a boat registered in these locations.

Whilst eligibility is primarily based on these criteria, the circumstances of the incident, your cooperation with the police, and your criminal record, including any unspent convictions, are also taken into account. Later in this guide, we explore Annexe D of the Scheme, which sets out the circumstances in which an award may be reduced or withheld.

A solicitor from Advice could help you understand the eligibility criteria and whether you could make a CICA claim with a criminal record. Contact our advisors today to learn more.

How Does A Criminal Record Affect CICA Claims?

A criminal record affects CICA claims, as compensation may be reduced or withheld. Annexe D of the CICA tariff sets out how a criminal record affects compensation claims. This provides a framework for taking past criminal offences and convictions (spent or unspent) into account when assessing a claimant’s eligibility.

The criteria set out in Annexe D of the CICA tariff mean that even where your case meets the standard eligibility criteria, your criminal record can still affect your ability to make a successful CICA claim.

Please talk to an advisor to understand more about the impact criminal convictions may have on your CICA claim.

Can You Still Claim If You Have An Unspent Conviction?

Yes, you can still claim if you have an unspent conviction, provided your case meets strict criteria. A spent conviction is one where a specific time period has passed, and it can now be disregarded for many legal purposes. An unspent conviction is one which is still within the relevant rehabilitation period.

Examples of unspent convictions which may preclude you from claiming criminal injuries compensation,

• You served time in prison, a young offenders institute, or another form of detention.
• Your sentence was not eligible for rehabilitation, or you have had either a community or youth rehabilitation order.
• You were removed from His Majesty’s service.
• A sentence of service detention.

Having an unspent conviction does not always prohibit you from seeking and being awarded criminal injuries compensation. The CICA will review your claim and take any unspent convictions into account. They may still choose to settle the claim.

A member of our team could help you understand more about how to apply for a CICA claim with a criminal record.

Will A Criminal Record Reduce Your Compensation Settlement?

A criminal record can reduce your compensation settlement. The CICA applies a points system in Annexe D of the tariff. This system takes unspent convictions (and other factors as highlighted) into account.

Where a claimant has had a minor conviction, the CICA may make a partial reduction in the amount of compensation awarded. For example, where the claimant has an unspent, non-custodial sentence, the points system may consider the nature of the crime and how long ago it was committed into account.

Serious or some unspent convictions may prevent compensation being paid at all. Applying the set framework ensures that claims officers do not make unnecessary judgments, but follow rules which apply equally to all claimants.

An advisor could provide further information on how making a CICA claim with a criminal record may reduce your settlement.

Calculate Compensation For A CICA Claim With A Criminal Record

To calculate compensation for a CICA claim with a criminal record, your injuries would be valued in line with the CICA tariff. The Scheme provides a fixed tariff for different types of injury, meaning you receive the exact amount listed for your injury. As aforementioned, if you have an unspent criminal conviction, the amount you could receive may be reduced.

Up to 3 injuries can be claimed for through the CICA. The amount you can receive for each injury will vary.

We have taken examples of injuries and tariffs from The Scheme to create the following list. The top entry is the maximum amount the CICA will pay for any type of claim.

• For multiple injuries, special expenses, and lost income, you could be awarded up to £500,000.
• Paraplegia, impaired motor or sensory function in the lower extremities, moderate but substantially incomplete – £110,000.
• Hemiplegia, impaired motor or sensory function in one half of the body – Moderate – £55,000.
• Moderate brain damage, some intellectual deficit and dependence on others – moderate £55,000.
• Arm injury, paralysis or loss of function, one dominant arm – £44,000.
• Facial burns – severe – £27,000.
• Finger and thumb injuries – loss of both index fingers – £16,500.
• Loss of ear – loss of one ear – £11,000.
• Multiple fractures to the face, such as Le Fort fractures – £11,000.
• Elbow, dislocated or fractured, both elbows and continuing disability – £11,000.

Special Expenses & Loss Of Earnings Payments

Special expenses and loss of earnings may also be compensated through the CICA. These are awarded in addition to any compensation for your physical and/or mental injuries. The CICA can only include special expenses if you can show that they were necessary, reasonable, and that they were the direct result of your injury. You must also not be able to obtain any services or items for free elsewhere.

Special expenses you could claim for include,

• Replacing physical aids, such as hearing aids, glasses, or walking aids, damaged in the incident.
• Care expenses related to preparing food or caring for bodily functions.
• Purchasing the equipment necessary to cope with your injuries.

Claimants can be awarded compensation for loss of earnings. However, there are specific eligibility requirements that must be met.

Please talk to a member of our team to find out more about claiming criminal injuries compensation.

How To Make A Criminal Record CICA Claim

To make a CICA claim with a criminal record, you must cooperate with the police, provide the required evidence, and follow the claims process. Your first step should be to report the incident to the police and fully cooperate with any investigation. This step is necessary to ensure you meet the claims criteria.

Additionally, you must submit to the CICA the evidence they require, which is:

• Proof of residency/ nationality – you must show the CICA that you meet the residency requirements.
• A crime reference number – the police should provide this number to you. The CICA will use this to confirm that the incident has been reported. They may also use this number to liaise with the police as and when necessary.
• Medical evidence – this will include copies of your medical records showing any mental or physical injury caused to you by an assault, sexual abuse, or other crime of violence. This can include records of visits to the hospital, a walk-in centre, or your GP.
• Details of your criminal record – you may need to provide information about your criminal record, including spent and unspent convictions.

A solicitor from Advice can help you collect any evidence necessary for your CICA claim.

An advisor could explain more about how to make a CICA claim with a criminal record and the steps you can take.

Make A No Win No Fee Claim Through The CICA With A Criminal Record

You could make a No Win No Fee claim through the CICA with a criminal record with one of our solicitors. Whilst it is not a legal requirement for claimants to use a solicitor, the claims process can be complicated, and having a specialist criminal injury solicitor to assist you can help you navigate this. It is important to note that No Win No Fee refers to the cost of hiring legal representation and not the cost of making the claim itself.

Our solicitors offer their services under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee contract. With this in place, you would not be expected to pay them for their services prior to the claim starting, as it is in progress, or if the claim fails.

Should the claim be a success, the solicitor working on your case will take a success fee. This is a legally capped percentage of your compensation. The cap helps to ensure that the majority of the compensation stays with you.

There are further benefits to working with one of our solicitors. These include,

• An explanation of technical terms, such as legal, medical, or other terms.
• Liaising with the CICA where necessary.
• Providing further support and advice as needed.
• Helping gather the necessary evidence that the CICA require.
• Helping you to submit your claim and handling any negotiations if you do not think the settlement offered to you is fair.

Get Advice On Your CICA Claim

Get advice on your CICA claim by contacting one of our advisors. They can help answer any questions you may have, as well as offer you free advice.

• Call us now on 0161 509 2856.
• Talk to us live.
• Contact us online.

CICA Claim FAQs

Below, we answer some frequently asked questions regarding CICA claims:

How Long Will My CICA Claim Application Take?

The CICA aim to process claims as soon as possible. Many claims are assessed within a year. However, where it is not clear how long you will suffer, further information may be required. In these cases, the time taken to process your claim may be longer.

What Happens If The Claims Time Limit Has Passed?

If the 2-year CICA claims time limit has passed, you may still be able to make a claim, provided you can prove that exceptional circumstances prevented you from claiming within this time.

Could I Claim If I Witnessed A Violent Crime?

If you were present when a loved one was injured during a violent crime (or during the immediate aftermath), the CICA scheme may allow you to seek damages. This may be possible if you can supply medical evidence to show any mental injuries that have been diagnosed because of the incident.

Who Sets My Compensation Settlement?

When you make a claim through the CICA scheme, a claims officer will review it thoroughly. After a decision is made, they will use medical records and the tariff of injuries to determine how much compensation is awarded.

Related Criminal Injury Claim Guides

Find related criminal injury claim guides and external references below.

• Find out how long a CICA claim can take to come through here.
• Learn about making a claim as a stab victim here.
• Check how to claim for a broken jaw after an assault here.

References:

• Find out how to report a crime and contact the police.
• Find out if you could make an application to the hardship fund.
• View NHS information on first aid after an incident here.

We hope you now know more about making a CICA claim with a criminal record. Please get in touch for further help and advice.