I Have A Criminal Record, Am I Still Eligible To Claim Criminal Injuries Compensation?

By Joanne Jeffries. Updated September 29th 2021. Welcome to our guide to how to make a criminal injury claim with a criminal record, which includes a CICA calculator to show how much compensation for criminal injuries you could receive.

CICA calculator how to make a criminal injury claim how much compensation for criminal injuries

CICA calculator how to make a criminal injury claim

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.

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

  1. A Guide To Criminal Injury Claims If You Have A Criminal Record
  2. What Is Compensation For A Criminal Injury and How Much Compensation For Criminal Injuries Could I Receive?
  3. Who Does The Criminal Injuries Compensation Authority Compensate and How Much Compensation For Criminal Injuries Could I Receive?
  4. How Do Criminal Records Affect Claims Made To The Criminal Injuries Compensation Authority?
  5. Could I Make A Criminal Injury Claim With An Unspent Conviction?
  6. Check If You Are Eligible To Make A Criminal Injury Claim And How Much Compensation For Criminal Injuries You Could Receive
  7. Steps To Take To Claim For A Criminal Injury With A Criminal Record
  8. Does Having A Criminal Record Reduce How Much Compensation For Criminal Injuries I Could Claim?
  9. Criminal Injury Compensation Calculator For Victims With Criminal Records – Updated July 2021
  10. No Win No Fee Compensation For Criminal Injuries With A Criminal Record
  11. How We Could Help Victims Of Criminal Injuries Who Have Criminal Records
  12. Start Your Criminal Injuries Claim Today
  13. 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.

how much compensation for criminal injuries statistics graph

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. Following reforms introduced by the government in 2012, the 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 by performing a DBS check (formerly CRB check) and a check of your police record. Attempting to conceal a criminal record could severely prejudice your case and 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 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 and 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 unless 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 if you are unsure how long your convictions disclosure period might last.

Check If You Are Eligible To Make A Criminal Injury Claim And How Much Compensation For Criminal Injuries You Could Receive

If you aren’t sure about the status of your criminal record, you can request access to your police record from the Criminal Records Office. This service is free and your request may be handled within a month. Our team could also be able to advise you as to whether you may be eligible if you describe your circumstances and your criminal record to them.

In addition to the conditions of your criminal record, there may be other factors which would exclude you from making a claim:

  • If you did not inform the police of the incident within 48 hours
  • If you did not co-operate with the police investigation
  • If the incident occurred outside the UK
  • If your behaviour was partly or wholly the cause of the incident (i.e. if you started a fight)

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 as soon as you are prompted. Failing to mention convictions or lying about them could result in action being taken against you and this could affect the amount you’d receive as per the CICA calculator. Your police and criminal records will be available to the CICA and 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 Injury Compensation Calculator For Victims With Criminal Records – Updated September 2021

Compensation for harm caused by criminal injury may be calculated and awarded on a case by case basis depending on the severity of the harm caused to the victim. Every case is different and as such, it may not be realistic to offer you an assessment at this point of how much compensation you could be entitled to receive.

That said, by looking through the guidelines of compensation calculations laid out in this table, you may be able to get an idea of how much your injury could be worth. The general damages component of a criminal injury compensation claim may be calculated based on how much the victim is made to suffer, how long-lasting the effects of the injury are, whether or not there are any permanent effects or disabilities caused by the injury, the degree of disfigurement, and the extent of any lasting psychological harm. You can see the difference between the table below, which could be valid for civil claims, and the one below it, which works via the CICA’s own tariff, to see the difference between awards.

InjuryNotesCompensation
PTSD (a) severePermanent symptoms preventing the victim from ever functioning at the level they did prior to the trauma.£51,070-£94,470
PTSD (b) moderately severeSome recovery possible with professional help but with symptoms causing significant disability.£19,750-£56,180
PTSD (c) moderate Mostly recovered with any persisting symptoms not causing significant disability.£6,980-£21,730
PTSD (d) less severeNear full recovery within two years with only minor symptoms persisting.£3,370-£7,680
Scarring (severe)Multiple scars or a single noticeable scar causing significant disfigurement.
Scarring (minor)Multiple scars or a single large scar causing minor disfigurement.
Minor injuries (a)Injuries which fully heal within one weekA few hundred pounds-£650
Minor injuries (b)Injuries which fully heal within 28 days£590-£1,290
Minor injuries (c)Injuries which fully heal within three months£1,170-£2,300
Your injuryCompensation
Non penetrative acts - minor£1,000
Non penetrative acts - serious£2,000
Penetrative acts - severe£3,300
Pattern of frequent repetitive abuse (severe)£6,600
Pattern of frequent repetitive abuse (severe)£8,200
Pattern of frequent repetitive abuse (severe)£22,000
Pattern of frequent repetitive abuse (severe)£27,000
Pregnancy £5,500
STI - Not HIV, Hep B or Hep C£5,500

Note that the figures in this CICA calculator may not represent the full amount that a claimant could receive as 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, but please note they could offer a reduced tariff for previous offenders.

No Win No Fee Compensation For Criminal Injuries With A Criminal Record

If you decided to proceed with a claim, your solicitor will offer you the chance to enter into a No Win No Fee Agreement. This means that if your claim is unsuccessful you will not have to pay any of your solicitor’s costs. In the event that your claim is successful, your solicitor will deduct from your compensation a “success fee”.

The benefits of a no win no fee agreement are chiefly that you may not be asked for money upfront and you may not be asked to pay money out of your own pocket towards your solicitor’s fees, but rather out of a compensation amount that you could be awarded if you claim successfully.

How We Could Help Victims Of Criminal Injuries Who Have Criminal Records

Going through the legal process may be stressful and complicated, especially 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, experienced and ready to 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 in handling these matters and taking people through the claims process, so 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

CICA claims guide

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.

cica calculator how to make a criminal injury claim statistics graph

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 with the best 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.

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 to help you work out how much compensation for criminal injuries you could receive was also useful.