UK CRIMINAL INJURIES COMPENSATION AUTHORITY CLAIMS
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The last annual report of the Criminal Injuries Compensation Authority that is available for public review is for the 2002/2003 period during which time a record number of almost 80,000 claims were resolved by over 500 staff at a cost of about £300 per claim. Some of the facts that may be of interest to CICA claimants have been extracted and are outlined below.

Compensation

• most of the recipients of awards in 2002/03 received between £1,000 and £2,000 compensation for pain and suffering
• three cases attracted an award of £250,000 being the maximum amount for pain and suffering.
• four claimants received the overall maximum of £500,000 which include lost salary and care costs

Disallowed Claims

• failure to co-operate with police to assist in prosecuting the assailant
• minor injury not serious enough to qualify for the minimum compensation of £1,000
• injury unconnected with a violent crime
• unreasonable conduct by the claimant before, during or after the incident that resulted in the assault

Decision Review Considerations

• have the Criminal Injuries Compensation Authority overlooked or misinterpreted information
• does the applicant has new relevant information
• have the police or medical authorities provided erroneous information
• has the value of the injury been correctly assessed
• are there any reasons to alter the original decision.

Objectives

• to resolve more cases than were received
• to resolve 90% of cases within 12 months
• to resolve cases more economically
• to achieve a record number of settlements
• to reduce the number of outstanding cases
• to eliminate the backlog of review applications

The new scheme for Northern Ireland applies to incidents of violence occurring on or after 1 May 2002 and compensation can be claimed by a victim for physical or psychological injury or in the case of death by the parent, child, husband, wife or partner of the deceased victim. In addition a claim can be made by a person who had a close relationship with another person who has been the victim of a violent crime if they were present when the crime took place, or involved immediately afterwards.

Compensation may not be paid in the following circumstances :-

• the crime took place outside Northern Ireland
• the incident caused a single minor injury
• the assault was more than two years ago unless there are exceptional circumstances
• certain sexual abuse, or other sexual assault claims
• the physical trauma was caused in a road traffic accident, unless a vehicle was used as a weapon
• if you did not report the crime to the police or other authority as soon as possible after the incident
• if you did not fully cooperate with the police investigation of the case
• if you indicated to the police that you would not be prepared to go to court and give evidence if the offender came to trial
• if you instigated the assault
• If you agreed to take part in a fight
• if you provoked the person who assaulted you
• if you have unspent convictions under the Rehabilitation of Offenders (NI) Order 1978 especially for crimes involving violence

The amount of compensation awarded for pain and suffering is decided on a Tariff Scheme whereby each different injury is assigned to a tariff band which vary in value from £1,000 to £250,000. Damages are awarded for pain and suffering, whether mental or physical and it may be possible to claim payment for loss of earnings and special expenses. A personal injury award may be payable to someone who is close but was not present when the assault and injury took place.

A bereavement award may be payable to the parent, child, husband, wife or partner of a victim who has died as the result of a violent crime in the sum of £12,000 for all claimants. A claim can also be made for reasonable funeral expenses to the person who has paid for the funeral.