The Court of Appeal
The court system has been developed so that everyone can have equal access to justice. When you go to court as a victim sometimes you might not get the verdict you were hoping for. This could happen for a wide range of reasons.
Under UK law an offender is innocent until proven guilty of an offence. If the offender is proven to be innocent they will be able to leave court and your case is over. However, if they are found guilty they will be sentenced. The sentence is set down in law. You may think that the offender should get a longer sentence, but at the initial trial, the judge can only hand down the sentence that is linked to the offence that has been committed.
However, the judge can also impose a number of additional conditions on the offender after they have been found guilty. These additional charges or conditions could give you the outcome of the case you had been hoping for. The judge can:
- Give a community sentence to the offender that means they have to stay in close contact with the probation service.
- Make a compensation order that forces the offender to pay you some form of compensation for your loss, damage or personal injury.
- Hand down additional charges that they will be arrested for if they offend again.
Court of Appeal
If you feel that the court cases you are involved in hasn't come to a satisfying conclusion because you think the law itself isn't clear you can appeal the courts decision to the Criminal Cases Review Commission looks at alleged miscarriages of justice. The Commission is independent of the court systems and central government and is an option if you feel that your case has grounds for appeal.Also, the person that has been convicted of a crime committed against you can also appeal their conviction. This goes before the Court of Appeal (Criminal Division). If this fails, the offender's last chance for an appeal is to go to the House of Lords if permission to do so is given. This rare and is usually only allowed when the appeal is to do with a point of law that requires clarification.
Getting Compensation
Victims of violent crime that is defined by the courts as a physical attack including sexual offences can apply for compensation. Also if you suffer from a recognised mental illness as a direct result of the assault, you can also claim compensation. The offender doesn't have to already be in custody for you to apply for compensation. Remember that you must have reported the violent crime against you to qualify for compensation. You must also apply for compensation within 2 years of the offence taking place.To claim compensation in England, Wales and Scotland you must obtain an application form from the CICA (Criminal Injuries Compensation Authority). You can contact them by telephoning: 0800 358 3601, or by downloading the form from their website: www.cica.gov.uk. Once you have sent in your application it will normally be processed with 12 months. The level of compensation will be sent to you by the CICA. If you accept the compensation that is offered, this will be paid to you within 28 days.
If you live in Northern Ireland you claim will be handled by the Compensation Agency Northern Ireland. Contact them on: 028 90 2499 44.
Add to del.icio.us