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Claiming for criminal injuries compensation without a conviction

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The Criminal Injuries Compensation Authority (CICA) is a government-run scheme that offers compensation to innocent victims of violent crimes and abuse. It was set up to ensure these victims receive the support they need to get their life back on track. If you have ever been a victim of a violent crime, sexual assault or abuse you could be entitled to claim compensation ranging from £1,000 to £500,000. The amount you are awarded depends on the extent and impact of your injuries.

Many people are often confused about claiming for criminal injuries from the CICA and aren’t sure what kind of rules apply, especially in cases where no further action was taken by the police or the perpetrator has not been caught or identified. HNK Solicitors have years of experience in handling claims to the CICA and have extensive knowledge in the process. Therefore, our expert solicitors can talk you through the process and any concerns you have, dealing with your application from the outset to the conclusion.

 

Case study: Ms. L v Criminal Injuries Compensation Authority (CICA)

Ms. L was sexually assaulted by a male assailant, which she reported to the Police within 48 hours of the incident taking place. Ms. L fully co-operated with the police throughout the investigation, however, they decided to take No Further Action (NFA) on the matter.

 

Female victim of sexual assault, hiding her face in a pitch black room

 

Ms. L contacted HNK to ask about making a criminal injuries claim. She expressed concerns over the Polices decision to take no further action and whether this would impact her eligibility for compensation. Our criminal injuries solicitors informed her that it would not prevent her from being able to make a claim to the Criminal Injuries Compensation Authority (CICA). We helped Ms. L submit her claim to the CICA and she has now been awarded compensation, which she accepted.

It is a misconception that the CICA requires an offender to be caught and convicted to award compensation. Unlike the Police and the CPS, the CICA only require evidence to show that, on the balance of probabilities, an offence took place. If the Police choose to NFA an investigation or the CPS decides there is not enough evidence to convict, then this does not necessarily mean you cannot claim compensation as evidence may be available that is enough to satisfy the CICA’s requirements.
 

If you can prove a crime has taken place you can claim compensation from the CICA

You can make a claim to the CICA even if your attacker has not been identified, caught, convicted or if they have died. As long as the crime has been reported to the police and you have applied for compensation within 2 years of the date it was reported, you can claim for compensation. In certain circumstances, this time limit can be waived if the applicant can provide exceptional circumstances that prevented them from applying earlier.

Unlike criminal courts, where verdicts are made on the basis of a crime being ‘beyond reasonable doubt’, CICA claims are assessed using a lesser standard of proof called a ‘balance of probabilities.’ If you can prove a crime has taken place you can claim compensation. It will help if you have reported the crime to the police promptly and assisted with their enquiries.

 

Image of a gavel next to a pile of legal books

 

HNK can help with your Criminal Injuries compensation claim  

If you have ever been the innocent victim of a violent crime contact HNK today for advice on claiming compensation. Our expert criminal injuries solicitors have successfully obtained hundreds of thousands of pounds in compensation for many clients over the years. We can even offer a no-win, no-fee service so you won’t have to pay a penny upfront. For help, advice and to arrange a free no-obligation consultation contact our criminal injuries department on 0151 203 1104 or email us at enquiries@hnksolicitors.com.

 

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