Page 42 - Real Rochdale Issue 20 Winter 2023
P. 42

victims of crime








                                                                                                                                           MOLESWORTHS BRIGHT CLEGG’s personal injury team reflect on government help
                                                                                                                                           to compensate blameless victims of violent crime.



                                                                                                                                  The Criminal Injuries Compensation Scheme (‘CICS’) is a UK government-funded programme.
                                                                                                                                  It provides compensation to blameless victims of physical or psychological injuries as a result
                                                                                                                                  of violent crime. It is administered by the Criminal Injuries Compensation Authority (‘CICA’), an
                                                                                                                                  executive agency of the UK government.




                                                                                                                                  Eligibility                                         •  Award is based on a tariff of injuries
                                                                                                                                                                                         which outlines specific amounts based on
                                                                                                                                  •  Direct victim of a violent crime in                 type and degree of injuries.
                                                                                                                                     England, Wales or Scotland (separate
                                                                                                                                     scheme for Northern Ireland).                    Why you need a lawyer

                                                                                                                                  •  Not to blame for the incident.                   •  Statistically, just under 50% of claims
                                                                                                                                                                                         are refused. Such decisions can often
                                                                                                                                  •  Claim made within two years of the                  be challenged and turned around with
                                                                                                                                     incident occurring (note exceptions e.g.,           specialist legal assistance.
                                                                                                                                     child abuse).
                                                                                                                                                                                      •  It’s important to know how CICA operate
                                                                                                                                  •  Crime reported to the police as soon as             and to know how to challenge refusals
                                                                                                                                     reasonably possible.                                of awards, long delays and low offers of
                                                                                                                                                                                         compensation.
                                                                                                                                  •  Injury sustained whilst taking an
                                                                                                                                     ‘exceptional and justified risk’, while          •  Criminal Injury Compensation law can
                                                                                                                                     trying to remedy or prevent a crime.                be difficult and complex, particularly
                                                                                                                                                                                         when victims are dealing with personal
                                                                                                                                  •  Mental injury as a result of witnessing             trauma and may not have the skill, time
                                                                                                                                     or being involved in the immediate                  or confidence to challenge any decisions
                                                                                                                                     aftermath of an incident in which a loved           reached.
                                                                                                                                     one is injured; or
                                                                                                                                                                                      •  A recent independent study found that
                                                                                                                                  •  Qualifying relative of a victim who has             victims of crime can receive far bigger
                                                                                                                                     died from injuries caused by a crime of             compensation payouts if they challenge
                                                                                                                                     violence.                                           CICA decisions.


                                                                                                                                  Injuries and awards                                 •  In the 379 cases which reached appeal
                                                                                                                                                                                         in 2022/23, an average payout of £7,848
                                                                                                                                  •  Compensation can be awarded for                     had been offered per claim. At appeal
                                                                                                                                     injuries sustained in assaults, sexual              the CICA’s offer in these cases increased
                                                                                                                                     assaults, and other acts of violence.               to an average of £47,339, showing an
                                                                                                                                                                                         increase of 600% per person.
                                                                                                                                  •  Compensation for losses can include pain
                                                                                                                                     and suffering, loss of earnings, medical         •  It is always worth consulting an expert
                                                                                                                                     expenses.                                           in this area to take you through a
                                                                                                                                                                                         challenging time and difficult situation.

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