Claims for Compensation for Criminal Injuries

16th January 2015
Claims for Compensation for Criminal Injuries image

Claims for Compensation for Criminal Injuries


Whilst a victim of crime can bring a civil claim for compensation for personal injuries against an attacker, this is only worthwhile if the prospective Defendant has the financial means with which to pay any compensation awarded by the Court. A victim of crime can alternatively apply for compensation from the Government/State under the Criminal Injuries Compensation Scheme (CICS) with such an application being made to the Criminal Injuries Compensation Authority (CICA).

Eligibility for a Compensation Award from the CICA

To apply successfully for compensation, the victim of crime must meet the following eligibility criteria:-

i. A “criminal injury” must have been sustained, whether physical or mental;
ii. The injury must be attributable to an act of violence that happened in Great Britain;
iii. The crime was within the last two years (although in certain circumstances the CICA may allow claims out of time);
iv. The crime was reported to the Police; and
v. The victim has residency in the UK.

A “criminal injury” is defined as one or more personal injuries sustained in Great Britain and directly attributable to one of the following qualifying events:

i. A crime of violence (eg assault, arson); or
ii. The apprehension or attempted apprehension of an offender or a suspected offender, the prevention or attempted prevention of an offence, or the giving of help to any constable who is engaged in any such activity.

“A crime of violence” is expressly defined for the purposes of the CICS and includes:-

i. A physical attack;
ii. An act or omission of a violent nature which causes injury to another person;
iii. A threat which causes the fear of physical violence;
iv. A sexual assault; and
v. Arson or fire raising.

Injury type

For the purposes of making a claim to the CICA, personal injury is defined as including physical injury, mental injury, fatal claims, sexual and physical abuse.


Rescuers who suffer mental injury as a result of going to aid a victim of a crime of violence will not be eligible for compensation unless they are in a close relationship of love and affection with the victim.

Ineligibility and reductions in compensation

Even if an applicant has suffered personal injury in Great Britain, which is directly attributable to a qualifying event, there may still ineligibility for an award under the CICS. There are various restrictions on eligibility including:-

i. The withholding or reduction of compensation if the applicant has failed to report or to cooperate with the Police or other authorities;
ii. The withholding or reduction of compensation if the conduct of the applicant before during or after the incident makes inappropriate to make a full award or any award (eg provoking a fight);
iii. The withholding or reduction of compensation if excessive consumption of alcohol or illicit drugs by the applicant contributed to the circumstances giving rise to the injuries;
iv. The withholding or reduction of compensation if the applicant’s character makes it inappropriate to make a full award and or any award (eg a history of previous convictions);
v. Not making any award to an applicant who has a conviction for an offence relating to the incident;
vi. Not making any award if the assailant may benefit from the award; and
vii. Not making any award to an adult applicant who lives together with the assailant as members of the same family unless the applicant and assailant are no longer living together and are unlikely to do so again.

If you think that you might be eligible for making a claim to the CICA then please contact Daven Naghen (Head of Personal Injury) on 01775 722261 or email or write to or come into or offices at 23 New Road, Spalding, Lincolnshire PE11 1DH.

In certain circumstances your case may be funded by a form of “No Win No Fee” Agreement.

Who Will You Be Entrusting With Your Conveyancing? image

Who Will You Be Entrusting With Your Conveyancing?


Are the selling agents or perhaps the mortgage broker pushing or trying to persuade you to use a particular conveyancing firm? If so, we would strongly recommend that you ask the following pertinent questions so that, armed with all relevant facts, you are better able to make a reasoned decision:-


Are the agents receiving a kickback or referral payment from the firm concerned? Using a firm in cahoots with an estate agency inevitably leads to a potential conflict of interest. Will such firm be working in your best interests or simply those of the introducer? Here at Maples we pride ourselves on being completely independent and we consider the idea of a referral fee both abhorrent and unethical. We much prefer to obtain our work based on past performance and recommendation.

How Much?

Do not be misled by a seemingly attractive basic figure initially quoted but be sure to enquire about and read the small print for add ons for so called “extras” (such as mortgage costs, preparation of a stamp duty land tax return, telegraphic transfer fees and the like) which suddenly spring up at a later date and only become apparent in the firm’s final statement. Ensure that you are comparing like for like. Here at Maples, we give you a complete and all inclusive rundown of our professional charges and all disbursements at the outset, with no hidden extras.


Is the firm local or, as is more likely, based in a completely different part of the country? If the latter, then the transaction will, without a doubt, be dealt with by post, phone or email and lack any personal contact. Here at Maples we are fully accessible, like to meet our clients to discuss and advise upon the transaction face to face and share with you the benefit of our wealth of local knowledge and experience.


Will you actually be aware as to who will be dealing with the matter for you or will you simply be a reference or matter number at the end of a phone in a firm dealing with volume conveyancing? Here at Maples, you will be assigned to your own experienced and dedicated conveyancer who will be responsible for and deal with the transaction for you from beginning to end, with a high level of personal service throughout.

Making a hasty and bad appointment could seriously prejudice or delay your transaction and cost you dearly. Getting honest answers to these four simple questions at the outset could make all the difference.

To discuss any Conveyancing matters please contact either Claire Smith or Anita Zaborniak of our Conveyancing Team or telephone the office 01775 722261.

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Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"I felt the service I got from Maples was excellent and was very honest all through the process. I would recommend Maples as a first class Solicitors group"

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

This is the second time we have used Mike Pepper at Maples Solicitors in the sale of our house. We cannot praise Mike enough for the highly efficient and professional service that he has provided us with. He is by far the best solicitor we have ever worked with, and the service that he has provided us with has gone far and beyond anything we have ever experienced. We have found the whole process to be a very relaxing experience.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.