Can You Claim For Criminal Injuries With A Criminal Record?

If you have been injured in a crime of violence and are looking to claim compensation, you might wonder, “can you claim for criminal injuries with a criminal record?” This guide will let you know how having a criminal record could affect your ability to claim through the Criminal Injuries Compensation Authority (CICA). 

can you claim criminal injuries with a criminal record

Can you claim for criminal injuries with a criminal record- A guide

To help you understand how to claim compensation for criminal injuries, we’ll look at what a criminal record is and how this may affect your chances of receiving a criminal injury settlement. We’ll also take a look at the latest statistics for criminal injuries.

You might already have some questions for our team. Our advisors are here to help and may be able to connect you with a one of the criminal injury solicitors from our panel if your claim has a good chance of success. For more information on how to make a claim, you may:

  • Connect instantly via our live chat function
  • Call the phone number above
  • Request a call back by filling out our online form

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Can You Claim For Criminal Injuries With A Criminal Record?

In order to answer the question, “can you claim for criminal injuries with a criminal record?”, we should first talk about what constitutes a conviction.

Initially, all convictions are classified as “unspent”. The Rehabilitation of Offenders Act 1974 means that spent convictions can be ignored after a set period of time. The amount of time it takes for an offender’s conviction to become spent depends on their sentence. 

Typically, there are three ways to claim for a criminal injury:

  • You might claim against the person who injured you, however, this can only happen if you know who the person is and they can afford to pay you compensation.
  • You could claim against a vicariously liable party, meaning you are criminally injured and that an organisation that owed you a legal duty of care is partially responsible. For example, if a school did not carry out a DBS check on a teacher that went on to sexually abuse you, and a DBS check would have highlighted convictions that would have prevented them from being hired, you may be able to claim. 
  • You could claim through the CICA, an executive Governement agency that provides compensation for a criminal injury to victims of violent crimes in England, Scotland and Wales.

In this guide, we will focus on claiming through the CICA in particular, as this is the kind of claim that a criminal conviction could impact. If you have any questions about making a claim, please speak with our team of advisors. 

Can You Claim With A Criminal Record Through The CICA?

You could be entitled to claim through the CICA if you have sustained physical or psychological harm caused by a violent crime. However, in November 2012, the CICA introduced changes to how those with a criminal record can claim criminal injuries compensation. 

If you are making a claim and have a criminal record, the CICA can see this as they perform checks when seeing if you’re eligible for compensation. The CICA then assesses the claim. 

The CICA operates a point system to determine how much should be deducted from your settlement award. If you receive a criminal conviction after your application and while your claim is being processed, then you must inform the CICA right away. 

However, you may be unable to claim for criminal injuries with a criminal record if:

  • You have a sentence excluded from rehabilitation
  • Your offence resulted in a sentence of service detention 
  • You were removed from Her Majesty’s Service for the relevant offence

Applications could be refused if:

  • Your criminal record results 
  • You have not cooperated with police
  • You delayed telling the police about the incident without good reason
  • Your behaviour played a part in the incident

Latest Stats For Criminal Injuries

The latest annual report from the CICA revealed there were 28,771 claims made in 2020/21, whilst  27,669 claims were resolved. The report also found:

  • 94% of claimants were satisfied with the customer service provided by the CICA
  • 70% of cases had a first decision made within twelve months
  • 1,062 claims were refused because of the claimant’s criminal record or character

Speak to our advisors for a free consultation. An advisor could connect you to a solicitor from our panel if they think you have a valid claim. They can answer any questions you may have.

Examples Of Criminal Incidents

Below, we have included examples of incidents that could form the basis of a claim through the CICA: 

  • Rape. This is an offence where someone penetrates another person in the mouth, vagina or anus without consent using their penis. 
  • Sexual assault, including historic abuse. This is non-consensual sexual contact. Can include assault by penetration, where someone uses a part of their body or an object to penetrate another person sexually
  • Assaults, including actual bodily harm (ABH) and grievous bodily harm (GBH). 

You may struggle to talk about your criminal injury; however, our advisors can discuss your case sensitively and offer free legal advice with no judgement. Our advisors can answer any questions you have. Furthermore, you won’t be obliged to continue making a claim with us just because you got in touch. 

However, if you have a valid case and would like to move ahead, then one of our advisors might be able to connect you with a No Win No Fee solicitor from our panel.

How To Prove A Criminal Assault

Upon your initial injury, it is wise to seek medical attention. Hospital reports can also provide evidence of your injury and how it happened. It’s also essential that you report the incident to the police and obtain a crime reference number. If you fail to do this, it will be impossible for you to claim. 

Other key evidence you should consider collecting includes:

  • Proof that you meet the requirements for residency
  • Evidence of any financial losses you have experienced 

The CICA may also request information about you from the police. For example, they will need to confirm that:

  • You reported the incident to them
  • Your behaviour did not contribute to the injuries you sustained
  • You cooperated with them in their investigations

In addition to this, they will confirm details of your criminal record with the police.

Finally, you may consider seeking legal advice. A solicitor could help you cover all bases of a claim using their experience and knowledge. Our advisors could connect you with a solicitor from our panel, but only if you have a valid claim. Get in touch today to see if this is the case. 

Calculating Criminal Injuries Compensation

Now that we’ve looked at how a criminal record can impact your claim, you might be wondering how much compensation you could be entitled to. The CICA uses their tariff of injuries to assign values to claims. We’ve featured some injuries and their tariff amounts in the table below. 

[table id=21 /]

You are also potentially able to claim for special expenses, which cover financial losses incurred because of your injury. However, this is only applicable if you were rendered unable to work for more than 28 weeks. 

You can claim back reasonable, necessary costs that you’ve incurred as a direct result of the crime of violence. For example, if a physical aid that you rely on (such as a hearing aid) was damaged in the attack, then you could claim back the cost of a replacement.

Loss of earnings can only be claimed from the 29th week after the accident. Other special expenses, like care costs and damage to property, can be backdated to the date of the incident.

Our panel of solicitors may be able to help you receive for a settlement for a criminal injury. To see if you have a valid claim, and could therefore be passed on to a No Win No Fee solicitor from our panel, speak with our team of advisors. 

How Could I Benefit From A No Win No Fee Agreement?

Paying for legal representation can be expensive; however, if you fund a lawyer’s work with a No Win No Fee arrangement, it doesn’t have to be. Under a form of this kind of arrangement called a Conditional Fee Agreement, your lawyer won’t ask you to pay upfront or as your claim progresses.

You’ll only pay your solicitor for the work they have done if your claim is successful. Even then, the fee you’ll pay is legally capped and deducted from your compensation, so you will always receive the majority of your award. 

Our panel of solicitors can process claims on a No Win No Fee basis. To find out if you could work with a lawyer on a Conditional Fee basis, connect to an advisor instantly using our live chat function.

Ask Us “Can You Claim For Criminal Injuries With A Criminal Record?”

Our advisors can help you with any questions you may have. Furthermore, if they feel you have a valid claim, you could be provided with a No Win No Fee solicitor from our panel. 

To get in touch, you can:

  • Use our live chat feature
  • Give us a call on the phone number above
  • Request a call back by filling out our online form

More Information – Can You Claim For Criminal Injuries With A Criminal Record?

We are close to concluding our guide. Below, you can find some additional resources to help you get a criminal injury payout.

The Hardship Fund – If you’re a low-paid worker and a victim of crime, the Hardship Fund might be relevant to you.

Urgent and emergency care services – How the NHS could help you in an emergency.

Contact the police – Find out how to report a crime to the police.

That concludes our guide. We hope we have answered the question, “can you claim for criminal injuries with a criminal record?”.

Writer Lewis Jenson

Publisher Fern Smithers