A criminal injury compensation claim is an application to the Criminal Injuries Compensation Authority (CICA) for a fixed award of compensation after a violent crime, made separately from any prosecution of the offender and without needing a conviction. It sits alongside, and is distinct from, a civil personal injury claim against a negligent party.
How do you make a criminal injury compensation claim?
A criminal injury compensation claim starts with reporting the incident to the police, because CICA requires evidence that the crime was reported before it will consider an application. The steps are:
- Report to the police as soon as reasonably practicable and obtain a crime reference number. CICA does not require the offender to be identified or convicted, but the report itself must exist.
- Apply within 2 years of the date of the incident, in normal circumstances. This 2-year window is shorter than the 3-year civil limit set by the Limitation Act 1980 for a personal injury claim (see personal injury claim time limits), so it is worth checking both routes early.
- Complete the application, giving the date and location of the incident, the police force and crime reference number, and details of a GP or dentist who treated the injury.
- CICA assesses the claim against the tariff of injuries set out in Annex E of the Criminal Injuries Compensation Scheme 2012, the document that governs the whole scheme.
- A decision is issued. If the claim is accepted, CICA pays the tariff sum for the injury; if it is refused or the award is disputed, the applicant can ask CICA to review it.
There is no fee to apply to CICA at any stage of this process. A solicitor can help gather medical evidence, complete the form accurately and pursue a review or appeal, which matters most where an application has been refused or undervalued.
What is a criminal injury compensation claim?
A criminal injury compensation claim is governed by the Criminal Injuries Compensation Scheme 2012, administered by CICA, an executive agency sponsored by the Ministry of Justice. Coverage differs across the United Kingdom: the Scheme applies in England, Scotland and Wales, while Northern Ireland runs its own separate scheme, so the tariff figures below do not transfer directly to a Northern Ireland application.
CICA pays fixed sums from its tariff rather than assessing loss individually in the way a civil court does. This is the key structural difference from a personal injury claim, where compensation is assessed under the personal injury claims process by reference to actual loss and the Judicial College Guidelines. The table below sets out the main differences.
| Feature | CICA criminal injury claim | Civil personal injury claim |
|---|---|---|
| Time limit | 2 years from the incident | 3 years from the accident or date of knowledge (Limitation Act 1980) |
| Report required | Reported to the police | Not required, but evidence of the incident is needed |
| Conviction needed | No | Not applicable; claimant must prove negligence |
| Compensation basis | Fixed tariff (Scheme 2012, Annex E) | Judicial College Guidelines for general damages, plus special damages for financial loss |
| Cost to apply | No fee | May be funded on a no win, no fee basis |
| Maximum award | £500,000 per application | Varies by injury and loss; no fixed cap |
How much does it cost to claim criminal injuries compensation?
Applying to CICA costs nothing. There is no application fee, and CICA does not deduct a fee from the award for handling the claim itself.
Where a solicitor is instructed to prepare or review an application, or to run a related civil personal injury claim, funding is arranged separately. Emaari Legal offers claims on a no win, no fee basis for eligible personal injury work, and checks funding options, including any existing legal expenses insurance, during a free consultation.
How much compensation can you claim for a criminal injury?
Compensation under the Scheme is fixed by injury type rather than negotiated. Awards range from £1,000 to £250,000 per injury, taken from the tariff in Annex E, with £500,000 as the maximum payable on any single application.
Where a claimant has more than one injury, CICA does not simply add the tariff sums together. It pays:
- 100% of the tariff for the highest-rated injury
- 30% of the tariff for the second highest-rated injury
- 15% of the tariff for the third highest-rated injury
Loss of earnings is only paid under the Scheme where the loss lasted longer than 28 weeks. An unspent conviction held by the applicant can reduce or lead to refusal of an award, regardless of how serious the injury is.
Fatal cases are treated differently under the Scheme. Where a person dies as a result of a violent crime, CICA can pay a flat-rate funeral payment of £2,500, with a further payment of up to £2,500 available where the conditions are met, to a combined maximum of £5,000. A dependent child may also qualify for a child’s payment of £2,000 for each full year of dependency, reduced proportionally for part years. Separate bereavement and dependency payments exist under the Scheme, but their amounts are fixed by CICA rather than negotiated.
A CICA award for a fatal case is different from a civil bereavement claim. Under the Fatal Accidents Act 1976, a qualifying bereaved relative may instead, or in addition where a civil claim also succeeds, be entitled to the fixed statutory bereavement award of £15,120 for deaths on or after 1 May 2020 (£12,980 for earlier deaths). The two systems run alongside each other, and a family bringing a fatal accident claim should have both explained clearly before deciding how to proceed.
What happens if CICA rejects your claim?
A CICA decision is not final if the applicant disagrees with it. A written request for a review must reach CICA within 56 days of the original decision, setting out why the award or refusal is wrong.
If the review decision is still unsatisfactory, the next step is an appeal to the First-tier Tribunal (Criminal Injuries Compensation), an independent tribunal that can reconsider the case afresh. Missing the 56-day review deadline can close off this route, so applicants who intend to challenge a decision should act promptly.
Support for victims of crime
Victims of crime often need more than compensation. Victim Support, an independent charity, and the police’s own victim care contact both provide practical and emotional support to people affected by violent crime, separately from the compensation process itself. Neither Victim Support nor the police decides or pays a CICA award; that decision rests with CICA alone.
Where to go next with a criminal injury compensation claim
A criminal injury compensation claim and a civil personal injury claim can often run side by side, particularly where an offender is uninsured, untraced or has no assets to pursue through the civil courts. Emaari Legal reviews both routes during a free consultation and can advise which applies, or whether both do.
For claimants who are hospitalised or unable to travel following a violent assault, Emaari Legal can arrange for a solicitor to visit at home or in hospital within 24 hours, so that evidence can be gathered and deadlines protected while recovery is still underway.
Frequently Asked Questions
How much compensation will I get for criminal injuries?
CICA compensation is set by the tariff in Annex E of the Criminal Injuries Compensation Scheme 2012, so the amount depends on the specific injury; awards range from £1,000 to £250,000 per injury, with a maximum of £500,000 on any one application.
How long does CICA take to pay out?
CICA does not publish a fixed processing time in the Scheme, so how long a payout takes varies from case to case. Timing depends on how quickly the police report is confirmed, medical evidence is gathered, and the injury is matched against the Annex E tariff; if a decision is disputed, the 56-day review window and any appeal to the First-tier Tribunal (Criminal Injuries Compensation) add further time on top.
Do I need a solicitor to claim criminal injuries compensation?
There is no requirement to use a solicitor to apply to CICA, and there is no fee to apply. A solicitor can still help with gathering medical evidence, meeting the 2-year deadline, and pursuing a review within the 56-day window if the initial decision is disputed.
Why would CICA reject a claim?
CICA can refuse or reduce an award where the incident was not reported to the police, where the application is made outside the 2-year window without good reason, or where the applicant has an unspent conviction that the Scheme treats as relevant.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Speak to Emaari Legal about a criminal injury or fatal accident compensation claim.