The Criminal Injuries Compensation Authority (CICA) is the government-backed scheme that compensates victims of violent crime in England, Wales and Scotland. It is separate from a civil claim against the perpetrator; in practice, a victim often has both routes available — CICA, and (where the perpetrator has means, or where a public body / employer / institution had a duty of care that was breached) a civil claim in tort. Getting both routes right, and coordinating them, is a distinctive area of practice.
The Criminal Injuries Compensation Authority (CICA) is the government-backed scheme that compensates victims of violent crime in England, Wales and Scotland. It is separate from a civil claim against the perpetrator; in practice, a victim often has both routes available — CICA, and (where the perpetrator has means, or where a public body / employer / institution had a duty of care that was breached) a civil claim in tort. Getting both routes right, and coordinating them, is a distinctive area of practice.
This page explains how CICA works under the current CICA 2012 Scheme, the tariff, the eligibility exclusions, and when a parallel civil claim is available. Casibus works with SRA-regulated personal injury specialists who handle CICA applications alongside civil claims on a no win, no fee basis. Every case depends on its evidence.
What is CICA?
CICA is a statutory scheme administered by the Ministry of Justice. It pays compensation to people who have been injured as a result of a crime of violence (e.g. assault, sexual violence, domestic abuse, wounding, terrorism) where certain eligibility criteria are met. The current scheme is the CICA 2012 Scheme, which took effect on 27 November 2012. Earlier schemes (1990, 1996, 2001, 2008) continue to apply to claims arising before 2012 — always check which scheme applies to your incident.
CICA is a tariff scheme — compensation for the injury is set against a published tariff of injury descriptions, not valued like a common-law personal injury award. This means that for the same injury, a CICA award is usually lower than a civil-claim award. But it's available where no-one else can or will pay — typically when the perpetrator is unknown, imprisoned, uninsured, or has no means.
The CICA 2012 tariff
The scheme tariff sets fixed amounts for specific injuries. Examples of tariff figures under the 2012 Scheme (indicative — the full tariff runs to several pages and is published on gov.uk): minor cuts requiring stitches at the bottom; multiple rib fractures causing significant disability in the tens of thousands of pounds; loss of an eye £33,000; permanent severe brain damage £175,000 (the scheme cap). Sexual assault awards are set in their own part of the tariff with dedicated categories.
Where a victim has sustained multiple injuries in the same incident, the scheme pays 100% for the highest-rated injury, 30% for the second, and 15% for the third. Beyond three injuries, no further injury payments are made under the standard rule (special provisions apply for sexual assault / rape cases).
On top of the tariff, the scheme can pay loss of earnings (from week 28 onward, subject to the statutory cap equivalent to 1.5× average weekly earnings), special expenses (medical, care, equipment — not normally available from the NHS / DSS), and bereavement awards for qualifying relatives of victims who died.
The scheme's maximum single award is £500,000 (the cap).
Eligibility — who can claim?
To be eligible, the victim normally needs: (i) to have sustained a criminal injury (physical and/or mental) caused by a crime of violence; (ii) the incident occurred in England, Wales or Scotland (Northern Ireland has its own equivalent scheme); (iii) the victim reported the incident to the police as soon as reasonably practicable; (iv) the victim cooperated with the police and CICA in bringing the assailant to justice; (v) the application is made within 2 years of the incident (longer time is available in exceptional circumstances, particularly for historic sexual abuse claims where the applicant was a child at the time).
Eligibility exclusions — the ones that catch people out
Unspent criminal convictions
Applicants with unspent criminal convictions (under the Rehabilitation of Offenders Act 1974) can have their award reduced or withheld. The 2012 Scheme introduced a stricter exclusion than earlier schemes. Any custodial sentence or community order produces an automatic bar or deduction until it becomes spent. Motoring offences are assessed case-by-case. Your solicitor will check whether any convictions are likely to affect eligibility before an application is made.
Failure to report / delay in reporting
Reporting the incident to the police 'as soon as reasonably practicable' is a requirement. Delay is understandable in some contexts (particularly sexual violence, domestic abuse, and childhood abuse) and the scheme accepts that context — but the explanation needs to be set out properly in the application. Reporting-delay cases are among the most common reasons for CICA refusal.
Failure to cooperate
Victims are expected to cooperate with the police investigation. Withdrawing a statement, refusing to give evidence, or otherwise failing to cooperate can support refusal — though the scheme recognises the particular pressures on victims of sexual violence and domestic abuse.
Character / conduct
CICA may reduce or refuse an award where the applicant's conduct immediately before, during or after the incident makes it inappropriate for a full award. For example, where the injury arose from fighting which the applicant willingly engaged in, or where the applicant's lifestyle is regarded as unreasonable by the scheme.
Connection with the assailant
Special rules apply where the applicant shares a household with the assailant (domestic abuse cases). The application will typically need to show that the applicant has separated from the assailant or that the assailant will not benefit from the award.
Time limits
- Adult applicants: 2 years from the date of the incident (or 2 years from the last of a series of incidents).
Parallel civil claim — CICA is not the only route
CICA is one route; a civil claim in tort is a parallel route that often produces a significantly higher recovery where it's available. Civil claim routes include:
- Direct claim against the perpetrator — where the perpetrator has means (assets, insurance, wages).
Historic child abuse claims — particularly against schools, local authorities, religious institutions and care homes — have produced substantial civil settlements in recent years. Limitation is usually the key hurdle, but s.33 discretion under the Limitation Act 1980 is routinely exercised in historic abuse cases.
CICA procedure — step by step
- Report the incident to the police (as soon as reasonably practicable).
Common scenarios
I was assaulted in a pub / nightclub — CICA or civil claim?
Depending on the facts — potentially both. CICA if the assailant is unknown, convicted but lacks means, or can't be traced. A civil claim against the licensee / venue occupier if inadequate security or crowd management foreseeably contributed to the assault. See public liability claims.
I was assaulted at work by a customer / patient / colleague
Both routes may apply. Employer's Liability claim against the employer for failing to provide a safe system of work. CICA if the assailant is a third party. See assault at work.
I was sexually abused as a child by a teacher / carer
Both routes typically apply. A CICA application (often brought many years after the abuse under the historic extension). A civil claim against the school / local authority / institution for failing to protect you, or for vicariously liable for the abuser's conduct.
I suffered psychological injury only (no physical injury)
CICA does pay pure psychological injury awards where the victim has a 'disabling mental injury' confirmed by a psychiatric diagnosis. The threshold is higher for pure-psychological cases than for physical cases. Civil claims for pure psychological injury are also available but engage the Alcock primary-/secondary-victim framework. See psychological injury.
Funding
CICA applications can be made without legal representation — and many are. Where the case is complex (substantial injuries, historic abuse, reviewed / appealed applications, or where a parallel civil claim is in play), a solicitor adds value. Casibus works with solicitor partners who run CICA applications alongside civil claims on a Conditional Fee basis. See no win no fee explained.
Northern Ireland — the separate scheme
Northern Ireland has its own Criminal Injuries Compensation Scheme, administered by Compensation Services NI. The structure is broadly similar to the GB scheme but has its own tariff and procedure. Applications are made directly to Compensation Services.
