criminal compensation

When in Opposition, the current government was committed to the Repeal of the controversial and punitive, cost-cutting 1995 Criminal Injuries Compensation Act. It has never attempted to honour this commitment and in fact has made securing compensation harder. The daily impact on the lives those affected by violent crime cannot be understated! The government body is an executive agency, accountable directly to Parliament that has a clear mandate to save awards as far as possible. This agency is the Criminal Injuries Compensation Authority (CICA) The Act made compensation ‘lawful’ the conservative government’s aim – and that of the current government –  was to substantially reduce State responsibility and value of awards provided.

Expert solicitors are necessary to assist with the infamous CICA process because few members of the public have the skills to place a complex legal argument with evidence that is compelling and makes assertions of the balance of probabilities. Many crime victims find the CICA and process degrading and overwhelming. Please see section expert help. From what little data the CICA volunteered, over 60% of people applying for assessment for criminal compensation are obliged to secure expert solicitors simply to deal with the CICA. This is not justice, but a reflection of the agency’s aggressive, inflexible, excessively cumbersome bureaucratic processes and obstacles.  It is essential if someone affected by violent crime is to secure an award within the rigid rules that expert legal help is secured early on.

In this internet-driven world, it is this author’s suggestion, never complete the CICA’s on-line application form, no matter how tempting this seems! Once submitted, a claim can never be amended or retracted and it is essential you secure quality, expert assistance in the completion of this life-changing, distressing, bureaucratic experience. A function of the CICA is to recognise the consequences of criminal injury to individual lives, and too often treats applicants contemptuously as if they were criminals. What the existence of the CICA does provide is further evidence of the dismantling of State support for its citizens.

The CICA's work involves deciding whether applications for criminal compensation are eligible within their rules as laid-out in law, and, if the application is successful, how much will be paid and how it will be paid. A tariff-based scoring system is rigidly applied and decisions made after sometimes years, only to be substantially increased on Appeal. This is often how the rigid process works so fails to evidence efficiency, justice or reflect crime victims’ needs. What is financial value you place on the ability to live your life?

The CICA holds enormous power over traumatised crime victims and their dependents – their future potential quality of rehabilitation and health. The process can take many years and cost thousands of pounds from the award, for the applicant to secure. The CICA is regarded as a very insular, inefficient service. Many believe the CICA scheme lacks satisfactory regulation and parliamentary scrutiny. It is perceived by those dealing with the CICA, as a slow and dysfunctional administrative service that fails to function with the effectiveness or accountability of an average social security office. By its existing remit it detracts from the dignity of crime victims.

" We know that democracy does not mean the coercion of all into a deadly - and, finally, wicked - mediocrity but the liberty for all to aspire to the best that is in him, or that has ever been. " 

Extract: James Baldwin in Angela Davis’ " If They Come For Me In The Morning’’

The crime victim is central throughout the criminal justice system and yet is the least provided for in any practical and meaningful manner. Billions of pounds are spent on perpetrators of heinous crimes – prisons, rehabilitation, health and social care, free legal representation, court costs, re-housing, anonymity. If criminals are to return to society to lead lawful, non-dangerous lives this is a proper use of taxpayer’s money. However, the crime victim appears to be trivialised and patronised in the policy and practice of delivering justice in the recognition of compensating rehabilitation and progress. Nothing less than the full Repeal of the punitive Act will suffice in a future government’s priority for provision of crime victims. It should form a major drive and commitment of any political party’s policy and pre-election campaign. A marker for any civilised society is how it treats the most vulnerable and needy citizens and it would appear in Britain we fall far short.

My handbook outlines existing conditions for applying for compensation, eligibility rules, the legislation, assessment, reviews and appeals processes and how to reduce the delays by correlating the necessary documentation. It includes suggestions for reducing emotional anxiety and the distress that comes from dealing with the CICA.