By Megan Swan. Last updated 16th December 2022. Welcome to our guide on making a criminal injury claim with a criminal record. It includes a CICA calculator to show how much compensation for criminal injuries you could receive. We take a look at examples of CICA payouts and offer a good alternative to a CICA compensation calculator to work out a CICA payout. Plus, we answer FAQs such as ‘Can you claim criminal injuries with a criminal record?’ and ‘Why should I use advice from a criminal injuries solicitor instead of relying on a CICA claim calculator when calculating criminal compensation payouts?’ Further to this, we explain what affects criminal injuries compensation if you have a criminal record. We detail information from the criminal injuries compensation tariff for 2020 claims and show how our solicitors could help you claim compensation for criminal injury.
Can you claim criminal injuries compensation if you have a criminal record?
Criminal assault is traumatic for anybody and the effects can be lasting and life-changing. Recovering from the impact can take months or even years, and sometimes it can be expensive. You shouldn’t have to put your recovery on hold, and you don’t have to.
Victims of a criminal injury may be entitled to claim compensation. However, in some circumstances, individuals with a criminal record could have their rights to claim compensation for criminal injuries revoked. If you have a criminal record and you have concerns about your right to claim for criminal injuries compensation, you could find the information in this CICA calculator guide useful.
Getting help if you are eligible for CICA compensation
We’ll talk you through the process of claiming compensation for criminal injuries and how having a criminal record might affect your rights as well as how much compensation for criminal injuries you could receive. The important thing to remember is that a criminal record does not automatically disqualify you from claiming compensation. You may still be entitled to claim, and you could do so through our solicitors on a No Win No Fee basis.
As well as reading through this page, you can also access free advice from our team of claims specialists at office@accidentclaims.co.uk or 0800 073 8801.
Select A Section
- A Guide To Criminal Injury Claims If You Have A Criminal Record
- What Is Compensation For A Criminal Injury and How Much Compensation For Criminal Injuries Could I Receive?
- Who Does The Criminal Injuries Compensation Authority Compensate and How Much Compensation For Criminal Injuries Could I Receive?
- How Do Criminal Records Affect Claims Made To The Criminal Injuries Compensation Authority?
- Could I Make A Criminal Injury Claim With An Unspent Conviction?
- Criminal Injury Claims – Evidence Examples
- Steps To Take To Claim For A Criminal Injury With A Criminal Record
- Does Having A Criminal Record Reduce How Much Compensation For Criminal Injuries I Could Claim?
- Criminal Compensation Payouts
- Claiming A CICA Payout On A No Win No Fee Basis
- How We Could Help Victims Of Criminal Injuries Who Have Criminal Records
- Start Your Criminal Injuries Claim Today
- Essential References
A Guide To Criminal Injury Claims If You Have A Criminal Record
This guide explains how people who have suffered an injury in a criminal attack can seek compensation from the Criminal Injuries Compensation Authority (CICA). However, not everyone will have the same legal rights when it comes to claiming criminal injury compensation. In some cases, having a record of criminal convictions can impact a person’s right to claim or affect how much compensation for criminal injuries they receive. The key point of this guide is to explain where and how your rights to claim compensation from the CICA scheme could be affected if you have a criminal record.
We will explain how to check if your criminal record could affect your right to claim as well as how to manage the process of claiming compensation when you have a criminal record. This guide may also give you useful information about what kind of compensation you might be eligible to receive if you are able to claim. If you are concerned about whether or not you could be prevented from making a legal claim by prohibitive legal costs, or if you’re concerned about the effect that a failed claim might have on your finances, you may be relieved to hear about the potential benefits of making a No Win No Fee claim through our solicitors.
Here, we have produced a guide explaining how much compensation for criminal injuries could be possible.
What Is Compensation For A Criminal Injury and How Much Compensation For Criminal Injuries Could I Receive?
When someone is assaulted and suffers an injury as a result, they could have the right to claim compensation. The money they receive aims to cover the physical, mental and financial impact that the event may have had. In this regard, a criminal injury compensation claim is similar to other kinds of personal injury claims which people can make when suffering injuries in accidents. What makes criminal injury claims different from personal injury claims is that unlike personal injury claims, where the claim is made against a negligent third-party, such as an employer, business or local authority, criminal injury claims are made through the Criminal Injury Compensation Authority (CICA), an agency supported by the Ministry of Justice. Unlike in personal injury claims where the third party pays compensation, the CICA itself makes the award.
Another difference between criminal injury claims and personal injury claims is that there is a different time limit in making a claim. The criminal injury claim time limit is just two years, though it can be longer in cases of for historical or childhood sexual abuse or rape. Below you can find statistics for 2020/21 relating to crime types reported during this period.
Who Does The Criminal Injuries Compensation Authority Compensate And How Much Compensation For Criminal Injuries Could I Receive?
The Criminal Injuries Compensation Authority is responsible for handling claims for criminal injury compensation and implementing the government’s criminal injuries compensation scheme. When a crime victim makes a claim to the CICA, it assesses their case to see whether or not their claim is valid. If it is, they will determine the level of compensation to be awarded.
How the CICA calculator works
CICA awards compensation to people who have suffered physical injuries (of a certain severity) or psychological trauma as a result of being the victim of a crime, or as a result of trying to prevent a crime. People can also claim if a loved one or a close relative has died or has been seriously injured by a violent crime. In some circumstances, the CICA may award compensation covering the financial effects of a crime, for example, funeral expenses. People affected by injuries or bereavements sustained in terrorist attacks are also eligible to claim from the CICA.
For information about how criminal injury operates in Northern Ireland click here.
How Do Criminal Records Affect Claims Made To The Criminal Injuries Compensation Authority?
The big question on your mind right now is probably “can you claim criminal injuries if you have a criminal record?”. The answer is yes, but not in all cases. There were reforms introduced by the government in 2012. Regulations defining when people with criminal convictions are entitled to claim compensation became stricter. If you have a criminal conviction you must disclose it to the CICA when you begin the claim. If you don’t, the authorities may find out anyway. They might perform a DBS check (formerly CRB check) and a check of your police record. Attempting to conceal a criminal record could severely prejudice your case. it could lead to prosecution.
However, not all criminal convictions are considered relevant to a CICA claim. Under the Rehabilitation of Offenders Act 1974, there is a disclosure period following some convictions. Once this disclosure period has passed, the conviction is “spent” and no longer legally required to be considered in things such as CICA claims or job applications. The length of this disclosure period may vary depending on the conviction in question. Less serious convictions may last only a few years, whereas more serious convictions might remain forever.
How the CICA Calculator Works – How Much Compensation For Criminal Injuries Could I Receive?
When the CICA assesses claims for criminal injury compensation, they may reduce the amount of compensation they award through a points-based deduction system. The points system is a simple 1-10 scoring measure. The greater the severity of the conviction in question the higher the score, so 1 point might be awarded for the least severe criminal records, 10 points might be awarded to the most severe. The higher the point score, the greater the reduction in compensation. 10 points could likely see no compensation awarded at all.
If you aren’t sure whether or not your conviction could count as spent, feel free to call our team for advice, or continue to the section “Check If You Are Eligible To Make A Criminal Injury Claim”, below.
Could a CICA Calculator Help Me?
If you’re looking to make a CICA claim, you may want to get an estimate by using a CICA calculator. Ultimately, there are benefits to doing this because it only takes a few minutes, and it can give you an estimate of your potential compensation should your claim be successful.
However, it doesn’t necessarily mean that the compensation estimate you receive will be entirely accurate. There are complexities in cases that calculators can’t always accommodate for.
Furthermore, while you may also be able to claim for special expenses as part of a CICA claim, not all calculators include this in calculations. Successfully claiming special expenses can change the compensation amount you receive which would then make the calculator estimate even more unreliable. So, while they are quick and simple to use, they may not provide as much useful information as a bespoke estimate.
Our advisors are on hand to answer any queries you have about the claims process. Additionally, they can inform you of your claim eligibility and provide a compensation estimate in just one phone call. They can also connect you with a specialised solicitor who could help build your case.
You can contact us for a free consultation at a time that suits you using the above details.
Could I Make A Criminal Injury Claim With An Unspent Conviction?
Until the government changed the rules in 2012, those with unspent criminal convictions could still claim. They could still receive criminal injury compensation, albeit at a reduced rate. Now, however, it may be unlikely that a claimant with a criminal conviction would be awarded compensation. However, they could if their convictions disclosure period had expired. Convictions resulting in custodial sentences, community service, and probation or youth rehabilitation may be likely to have a disclosure period.
The disclosure period may or may not stop you from making a claim. If your conviction resulted in a lesser sentence such as probation or a community order, the disclosure period may be short enough for you to wait until it expires and then begin your claim. Unfortunately, you may find that the time limit for making a claim expires before the convictions disclosure period does. You may call our team for advice. We could help if you are unsure how long your convictions disclosure period might last.
Criminal Injury Claims – Evidence Examples
When making a CICA claim for a criminal injury, there is certain evidence that you must collect and present. For all criminal injury claims, you may need to provide the following evidence:
- Evidence that you meet the residency requirements.
- A police reference number to prove that the crime has been reported.
- Medical evidence of your injuries. This could be a copy of your medical records.
The process of claiming via another avenue, such as directly against the perpetrator or vicariously liable third party, will differ and the evidence you may need to provide will also differ to the examples listed above.
Later in this guide, we will discuss how one of our solicitors may be able to help you with your claim for a criminal injury, such as assault, and the compensation payouts you could receive.
Contact our advisors today if you still have any question regarding how to claim for criminal injuries through the CICA.
Steps To Take To Claim For A Criminal Injury With A Criminal Record
Before doing anything we recommend speaking to a solicitor. They’ll know everything you need to know about making a criminal injury claim while Remember, the CICA does not allow people to re-attempt claims that have been rejected. You only have one shot.
If you do begin a claim, it may be advisable to disclose all criminal convictions you may have clearly and accurately. You should do this as soon as you are prompted. Failing to mention convictions or lying about them could result in action being taken against you. This could affect the amount you’d receive as per the CICA calculator. Your police and criminal records will be available to the CICA. They may be checked as part of the assessment of your claim. If you are found to have failed to disclose your criminal convictions, (and you could be found out) it may immediately prejudice the assessment of your case against you.
Does Having A Criminal Record Reduce How Much Compensation For Criminal Injuries I Could Receive?
The CICA calculator may apply penalty reductions to the compensation you are awarded if you have criminal convictions. These penalty reductions operate on a points system based on a 1-10 rating. The more severe the offence the higher the rating. Having one point – the lowest score you could receive for the most minor of offences, could reduce your compensation by 10%. Two points will take away 20% and so on. The most serious convictions score ten points and could effectively deny you any compensation whatsoever.
Criminal Compensation Payouts
If you want to claim criminal compensation payouts, and you’re eligible to claim, you might want to know how much you’d receive. When you claim for criminal injury through the CICA, you could receive compensation for a maximum of three injuries. The most serious injury would receive 100% of the tariff value, the second most serious would receive 30% and the third most serious would receive 15%.
There are also additional tariff payments that you could receive if you have become pregnant, lost a foetus or contracted a sexually transmitted disease as a direct result of a violent crime.
Please note that you could claim compensation for a criminal injury that is psychological as well as physical. If you would like to speak to an advisor about your injuries to see what you could claim, please call.
Criminal compensation payouts table
Below, you will see a table with figures based on the tariff of injuries from the Criminal Injuries Compensation Scheme 2012. As such, you could get some idea of your payout from the table. However, if you can’t see your injuries or you’ve suffered more than one injury, we could help. When you call our team, we’ll assess your case. Plus, we’ll answer any questions you might have about your potential compensation.
| Injury | Notes | Compensation |
|---|---|---|
| Arm | The dominant arm become paralysed. | £44,000 |
| Leg | One leg is amputated above the knee. | £44,000 |
| Ankle | Both ankles have been dislocated or fractures which causes a continuing disability. | £16,500 |
| Sexual Assault of a person of any age. | A repetitive pattern of sexual abuse that lasted for 3+ years. | £8,200 |
| Mental Injury | A disabling mental injury, as confirmed by a psychiatrist, that last 2-5 years. | £6,200 |
| Abdomen | An injury that requires a laparoscopy or laparotomy with 3 or more organs needing to be repaired. | £6,200 |
| Shoulder | One shoulder becomes dislocated which causes a significant disability. | £3,500 |
| Facial Scarring | Facial scarring that causes a significant disfigurement. | £2,400 |
| Face | A fractured jaw bone that does not require surgery and makes a substantial recovery. | £1,500 |
| Lung | One lung is punctured | £1,500 |
Please remember, as well as these tariff amounts, criminal compensation payouts awarded via the CICA could include other damages for the financial impact of your injury. Please call us to discuss this.
Examples of CICA payouts for financial impacts
Note that the figures in this CICA calculator may not represent the full amount that a claimant could receive. These guidelines are for multiple physical injuries only. In addition to the physical impact, the financial effects are also factored in. Lost earnings from time taken off work, the costs of any treatment, counselling, medication or physiotherapy which you may require as a consequence of the injury may also be recovered as well via a special damages component. Loss of earnings are not included in the compensation calculation above for the CICA tariff either. Victims of violent crime could also claim psychological injury compensation via the CICA. However, please note they could offer a reduced tariff for previous offenders.
Claiming A CICA Payout On A No Win No Fee Basis
Claiming criminal injury compensation when you have a criminal record could seem complex. A solicitor could help you with such claims by ensuring your claim is put together professionally, giving you the optimal chance of success.
If you are eligible to claim for a criminal injury, you could choose to work with a solicitor offering their services on a No Win No Fee basis.
How Do No Win No Fee Claims For Criminal Injury Work?
Before taking on your criminal injuries compensation claim, a solicitor working on this basis might send you a document, often referred to as a Conditional Fee Agreement. This would set out the success fee the solicitor would take should your claim result in a CICA payout. This is usually a percentage of the total payout and it is capped by law.
Should your claim not result in compensation, you would not have to pay the solicitor this success fee.
If you are looking for a solicitor to help you with your claim, we could help. We could assess your eligibility to make a No Win No Fee claim. Should you meet the criteria, we could provide you with a solicitor to help you.
How We Could Help Victims Of Criminal Injuries Who Have Criminal Records
Going through the legal process may be stressful and complicated. This is especially the case while you might still be dealing with the physical and mental effects of being violently attacked. You might want to work with a legal team who are well-qualified and experienced. They could offer the support and formal legal advice you need. That’s what our team of advisers and solicitors aim to do. The solicitors at Accident Claims UK have over thirty years’ experience. They have prior knowledge in handling these matters and taking people through the claims process. Therefore, you can rest assured they have what it takes to help you claim your compensation.
Our expert services are offered without charging you any major upfront costs. Our team’s advice is free, and a claim you make through our solicitors may be made on a No Win No Fee basis, meaning you may not have to pay a penny if you make a valid compensation claim.
Start Your Criminal Injuries Claim Today
If you need to know anything else about making a criminal injuries compensation claim while having a criminal record, want to find a CICA calculator or if you want to start making a claim, your first step is to talk to our team. You can arrange a time for us to give you a phone call by filling in your details here. Or you can ring us directly on 0800 073 8801. You can also reach us at office@accidentclaims.co.uk. Remember, our advice is free and you won’t be pressured into making up your mind. So give us a call. You have nothing to lose!
Essential References
2012 Criminal injuries compensation scheme amendments
FAQ About the CICA Calculator and How To Make a Criminal Injury Claim
What injuries would the CICA calculator allow me to claim for?
There are a huge range of injuries you could claim for within a criminal injury claim. Depending on the type and number of injuries you have sustained for, you could claim for:
- Head injuries – these could include facial injuries, including burns from acid attacks, as well as lacerations and soft tissue injuries. You could even claim for compensation and brain injuries, as well as injuries to the nose, jaw and mouth.
- Leg injuries – these could include anything from stab wounds to broken bones and soft tissue injuries.
- Arm injuries – you could include tendon or nerve damage, lacerations, soft tissue injuries and broken bones for example.
- Injuries to the pelvis, hips, back and neck.
- An injury to organs via the chest or stomach
- Injuries caused by sexual assault – these could include pregnancy and STIs
If you’re not sure what injuries you could be compensated for by a CICA calculator or you don’t know how to make a criminal injury claim, please don’t hesitate to ask us.
What claims has the CICA Calculator received in 2020?
The CICA transparency statistics show that there were 35,010 claims received in 2019/20 by the CICA. Below, you can see how successful such claims were.
As we mentioned, you really don’t have much room for error when making a claim via the CICA. We would strongly urge you to seek legal advice if you want to know how to make a criminal injury claim. We could advise you on your chance of success.
How is victim compensation paid?
Usually, when you make a claim for compensation for an assault, for example, and it is successful, your award would be based on your injuries and their severity, as per the sections above. When it has been determined how much compensation for criminal injuries you’ll receive, it could be paid to your representative or directly to yourself from the CICA.
How much compensation for criminal injuries would I receive if I made more than one claim?
It would not be possible for you to make more than one claim for the same attack or incident. However, if the criminal attacks were separate events, and not linked, you could potentially make another claim via the CICA for your injuries.
What else would affect how much compensation for criminal injuries I’d get?
It is important to remember the severity of your injuries and the combination of injuries you received would dictate how much compensation you’d receive. You would need to submit to a medical examination as part of your claim, where your injuries could be assessed. Once the medical assessment took place, whereupon the independent medical professional could gather the relevant information to get a full picture of your injuries was concluded, they could put together a report.
This report could evidence the severity and nature of any physical or psychological injuries you’d received. It could be used to work out how much compensation could be appropriate for your claim. If you have further questions regarding this please do not hesitate to ask.
Can you give me examples of CICA payouts?
If you look at the compensation table in this guide, you will see examples of CICA payouts. These cover a variety of criminal injuries. The figures in the Criminal Injuries Compensation Scheme 2012 tariff have set amounts for different injuries. The examples you see are generally what you would receive when you make a claim through the CICA.
For more information on what CICA payouts could include, call our team.
Can you claim for criminal injuries with a criminal record under No Win No Fee terms?
To work out whether you could claim for criminal injuries with a criminal record with a No Win No Fee lawyer, we’d need to talk to you about the specifics of your case.
As we have explained in the sections above, you may be excluded from making a claim in some cases. However, if we determine that you could be eligible for criminal injuries compensation even if you have a criminal record, we could help you. If your claim has a favourable chance of success, one of our No Win No Fee solicitors could assist you.
Is it wise to seek legal advice when claiming criminal injuries compensation if you have a criminal record?
We would advise claimants considering claiming criminal injuries compensation with a criminal record to seek legal advice. Making such claims could be complicated. It could be beneficial to ensure you are eligible for compensation. this way, you’re not spending time putting everything together to make your claim. You can call our team for free legal advice using the details provided in the above sections.
Could I rely on the amount produced by a CICA compensation calculator?
It would be unwise for you to rely heavily on the results a CICA compensation calculator provides. Each settlement will vary depending on your specific case.
Additionally, if you’re claiming with a criminal record, it might be better to speak to a criminal injuries solicitor. Not only could a criminal injuries solicitor give you case-specific advice, which a CICA claim calculator would not be able to do, but they could advise whether you could be eligible to claim.
If you would like to learn more about how a criminal injuries solicitor could help, why not call our team. We could provide you with advice and a free eligibility check on your case. That way you’ll see if one of our solicitors could handle your case.
I have obtained a figure from a CICA claim calculator but my award is very different – what should I do?
If you have made a claim via the CICA, but the amount you’ve been awarded is different to the figure you obtained from a CICA compensation calculator, there could be a number of reasons for this. The CICA claim calculator doesn’t always taken into account all aspects of your case.
If you would like to talk to us about a potential appeal, please call our team. A criminal injuries solicitor could assess whether the award you’ve been given is fair. If not, and they feel you could have grounds to appeal, they could assist you. In some cases, you could appeal the award you’ve been given.
We hope you have found our guide to how to make a criminal injury claim with a criminal record useful. We hope the CICA calculator on how much compensation for criminal injuries you could receive was also useful.
