Criminal Injuries Compensation – Beware The Time Limits

If you have been the victim of a violent act, including domestic and/or sexual violence you may be able to make a claim under the Criminal Injuries Compensation Scheme.

The Criminal Injuries Compensation Scheme is a Government funded scheme designed to compensate blameless victims of violent crime in Great Britain. The value of the payments awarded is calculated by reference to a tariff for injuries. The Scheme is operated by the Criminal Injuries Compensation Authority (CICA).

However, victims need to be aware of the strict time limits imposed by the Scheme, and here at Nelsons, it has been our experience that many victims who are going through the criminal process are given erroneous advice by the Police regarding making an application to the CICA.

We have advised clients who have failed to make an application to the CICA within the time limits because they have been told by the Police to wait until after the criminal prosecution as it may affect their credibility if they make an application whilst the criminal case is ongoing. We know how long a criminal investigation and criminal prosecution can take which often leaves the victim without redress because they are out of time for making an application.

Time limits

The rules of the Scheme state that your application must be received by the CICA within two years of the date of the incident. The CICA is very strict on the time limits. If you wish the CICA to consider your application more than two years from the date of the incident, you will need to prove ‘exceptional circumstances’ as to why your application could not have been made earlier. You must also be able to provide supporting evidence for your claim which means that the claims officer can make a decision on your application without having to make further extensive enquiries.

If you were under the age of 18 at the time of the incident and it was reported to the Police before your 18^th birthday then you can make a claim at any time up to your 20^th birthday. If the incident took place before your 18^th birthday but was not reported to the Police until after your 18^th birthday then you can apply within two years from the date you reported the incident to the Police.

What are exceptional circumstances?

The CICA may consider applications made out of time where in the particular circumstances of the case, it is reasonable and in the interests of justice to do so. We was successful in arguing ‘exceptional circumstances’ in a case where an applicant had been sectioned under the Mental Health Act for long periods of time.

Not knowing about the Scheme or the time limits will not constitute ‘exceptional circumstances’ for the purposes of the Scheme.

Therefore, if you are in doubt, it is best not to delay and to seek legal advice as soon as possible.

Do you think you may be able to make a claim but you’re not sure?

We are experienced in handling applications to the CICA and we would be happy to advise you further on whether you have a claim and how to go about it.