Claim Compensation for Criminal Injury

If you are the victim of violent crime (called a criminal injury) you may be able to claim compensation. The offender does not have to have been caught and prosecuted for you to make a claim for compensation. You can usually claim compensation if:

• You have been injured physically or psychologically as a consequence of a violent crime.
• If you are the partner, parent, wife or child of a person who has died as the result of a violent crime. If you were witness to a violent crime and later suffered psychological injury.
• If the crime took place within the last 2 years. However, cases of abuse may be considered over this time period.

How to make a claim

In England, Wales and Scotland you need to get a form from the CICA (Criminal Injuries Compensation Authority). You can contact them by telephoning: 0141 331 2726, or by downloading the form from their website: www.cica.gov.uk. Your application will normally be processed with 12 months. If you accept the compensation that is offered, this will be paid to you within 28 days.

How to make a claim in Northern Ireland

The compensation claim form can be obtained from the Compensation Agency by telephoning: 028 90 2499 44, or by visiting their website: www.compensationni.gov.uk.

When can compensation not be paid?

Compensation is usually paid if a serious injury of loss of property takes place. Compensation won't normally be paid if:

• You have sustained a minor injury like a sprained ankle.
• The crime you were a victim of took place more than 2 years ago. You can, though, argue that you had a good reason not to report the crime when it happened.
• If you have been accidentally hit by a vehicle, unless the driver of the vehicle deliberately hit you.
• The injury or sexual assault happened before October 1 1979 and you were living with that person as a member of their family.
• Your injury happened before August 1 1964.

How Much Could I Get?

In England, Wales and Scotland the minimum amount you could receive is £1,000 with the maximum is £500,000. In Northern Ireland there is no maximum amount. If a death has occurred an additional bereavement payment is also made. In England, Wales and Scotland this is £11,000 for the first claimant, and £5,000 for any additional claimants. In Northern Ireland each claimant is entitled to £12,000 each.

Other Types of Compensation

If your property has been damaged as the result of a crime such as a theft, you may be able to claim compensation. If the person that committed the crime is caught and found guilty, the court can order them to pay you compensation. You can't apply for this type of compensation yourself, so remember to tell the police when you report the crime that you would like to apply for compensation. The police will pass the information to the Crown Prosecution Service who will make the court aware of your claim when the case is heard. The types of loss you can be compensated for include:

• Loss via fraud
• Loss through damage or theft of property
• Loss of earnings due to time off work because of the crime
• Injury from a stolen vehicle
• Medical expenses

The court will consider your claim but also consider the defendant's personal circumstances and their ability to pay the compensation you are claiming. In some circumstances the court may not be able to order the defendant to pay the full amount you are claiming.

If your home is damaged as the result of a road traffic accident, you will normally be expected to make a claim via your normal home insurance or via the driver's insurance arrangements. Where the driver has no insurance you could make a claim from the Motor Insurers's Bureau. The can be contacted by telephoning: 01908 830001 or by visiting their website: www.mib.org.uk.

Note that if you receive compensation for the same loss or injury from two different sources, one of these payments may be reduced, as you can't receive compensation twice from public funds for the same injury or loss. You also have the right to sue any offender whether they are convicted or not for compensation in the civil court. Contact your local Citizens Advice Bureau for further information about these clams.