4. Criminal Injuries Compensation Scheme PDF

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Workshop 8 - General damages Calculations ...

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Criminal Injuries Compensation Scheme  Where an applicant has suffered an injury as a result of: o A “crime of violence”. o Committed in the “relevant place”.  He may make an application to the Criminal Injuries Compensation Authority (CICA) for compensation from a government-funded scheme, the Criminal injuries Compensation Scheme 2012.  CICA will determine: o Whether, on the balance of probabilities, the applicant was a victim of a crime of violence. o What compensation will be offered based on:  Whether the injury is present in the Tariff of Injuries in Annex E of the Scheme.  Whether there are multiple injuries (maximum of 3).  Whether the applicant has lost earnings.  Whether the applicant has incurred any special expenses.  Whether the amount should be withheld or reduced having regard to a number of factors listed in CICA. Eligibility 1. Was there a Crime of Violence? a. The types of Crimes of Violence which may lead to payment are set out in Annex E of the Scheme. Crimes of Violence Not Crimes of Violence If an injury: Provided the perpetrator acts intentionally or (a) resulted from suicide or attempted suicide, recklessly: a) a physical attack; unless the suicidal person acted with intent to cause injury to another person; b) any other act or omission of a violent nature which causes physical injury to a person, eg (b) resulted from the use of a vehicle, unless the withholding something that another person vehicle was used with intent to cause injury to a needs to stay alive; person (see Alexander Smith v Criminal Injuries c) a threat against a person, causing fear of Compensation Authority (2015), where a man struck by a cyclist on a zebra crossing succeeded in his immediate violence in circumstances which would cause a person of reasonable firmness to claim, as the cyclist had be put in such fear; ridden his bicycle at him with the intent to injure d) a sexual assault to which a person did not in fact him); (c) resulted from an animal attack, unless the animal consent; or e) (e) arson or fire-raising. was used with intent to cause injury to a person; (d) was sustained in the usual course of sporting or other activity to which a person consented by taking part in the activity; or (e) was sustained in utero as a result of harmful substances willingly ingested by the mother during pregnancy, with intent to cause, or being reckless as to, injury to the foetus.  Note that the absence of a criminal prosecution or conviction is no bar to a CICA claim (para 9).

2. Did the crime take place in Great Britain (para 8)? 3. Did the applicant meet the residency requirements? Residency  Applicant must be (paras 10–13): Requirements o (a) ordinarily resident in the UK on the date of the incident; o (b) a British citizen; o (c) a close relative of a British citizen; o (d) a national of a Member State of the European Union (EU) or the European Economic Area (EEA); o (e) a family member of an EU/EEA national who has the right to be in the UK; o (f) a national of a State party to the Council of Europe Convention on the Compensation of Victims of Violent Crimes (CETS No 116, 1983); o (g) a member of Her Majesty’s armed forces, or an accompanying close relative of an armed forces member; o (h) someone identified as a potential victim of human trafficking on or before the date of the application; or o (i) someone who made an application for asylum to remain in the UK on or before the date of the application for an award. 4. Was the application brought within the Time Limit? Time Limit  Application must be made within two years of the date of the incident (para 87).  Unless the applicant was under 18 in which case special rules apply 5. What is the procedure? Application  Applications made by filling in CICA’s application form and submitting it online or by supplying the relevant details over the telephone. Process  Once CICA has all the relevant evidence, a claims officer will be assigned to the claim and he will determine the matter on the balance of probabilities.  Burden of proof on the claimant. Remedies Injury Payment

 Claims officer will look up the injury in the Tariff of Injuries set out in Annex E of the Scheme.  If the injury does not appear in Appendix 3, no compensation is payable under the scheme.  Multiple Injuries: o In order to calculate the total tariff award where there are two or more injuries, the three most serious injuries must be identified and the associated tariffs added together as follows:  (a) 100% of the tariff for the highest rated injury; plus  (b) 30% of the tariff for the second highest injury; plus, where relevant  (c) 15% of the tariff for the third highest injury. o No compensation is payable in respect of any additional injuries (para 37).

Loss of Earnings

Maximum Award

 Subtract any compensation payments the Claimant was paid when the case was dealt with at the Crown Court.  DO NOT REDUCE the sum by any benefits received.  Past Loss of Earnings: o Current rate of SSP (£89.35 (2017)) x number of weeks from the accident to the day the application is determined (para 47). o Note no compensation is payable for the first 28 weeks following the accident. Compensation can be first claimed from Week 29.  Future Loss of Earnings: o Calculated in a similar way to Future Losses in Civil Claims i.e. Multiplicand x Multiplier. o Multiplicand = Rate of SSP x 52 (annual loss). o Multiplier = From the Multiplier table in Annex F.  £500,000.

Withholding or Reduction of the Award  Compensation may be withheld or reduced in the following circumstances:  Generally, the applicant must make a formal report to the police Where the applicant has immediately following the incident, and this must be done by the failed to report the applicant in person, unless his injuries prevent him from doing so. incident to the police, or has thereafter failed to co-  Co-operation with the police includes: operate with the police or o Making a statement with the CICA (paras 22– o Attending identity procedures and 24). o Giving evidence in court, if required.  Co-operation with the CICA includes: o Supplying complete and truthful information, and o Attending independent medical examinations, if required; Where the applicant  Includes: o Where the applicant’s consumption of alcohol or illegal drugs behaved inappropriately caused him to act aggressively or to provoke the attack either before, or during or after the incident (para 25). o Where he voluntarily took part in a fight o Where he threw the first punch, or o Where his use of abusive language or gestures led to the incident  Does not Include: o Intoxication through alcohol or drugs made the applicant more vulnerable to becoming a victim of a crime of violence Where the applicant has  In general terms, an unspent conviction which o Attracted a custodial or community sentence will result in the unspent criminal convictions (para 26). withdrawal of the award o A lesser sentence (other than endorsements, penalty points or fines resulting from motoring offences) will result in a reduction in the amount of the award.  CICA will consider evidence relating to involvement with; Where the applicant’s character, other than in o Illegal drugs or other crimes relation to an unspent o Tax evasion or benefit fraud conviction, makes it o Anti-social behaviour orders and

appropriate (para 27). Where the applicant receives or is awarded criminal injuries compensation or a similar payment, receives an order for damages from a civil court, agrees the settlement of a damages claim, or receives a compensation order or offer made during criminal proceedings (para 85). In relation to payments for special expenses only, where the applicant has received State benefits or insurance payments in respect of the injury (paras 54–56).

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o Cautions or reprimands. I.e. double recovery.

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Double recovery again....