Criminal Injuries Compensation Scheme 2008
CICA Exceptional risk cases (police)
CICA compensation for police officers injured on duty.
Read what some of our past customer have said about us http://www.criminal-injury-compensation.org.uk/customer.html
If you were injured while preventing a criminal offence or dealing with the immediate effect of a crime, the CICA will examine whether you took an exceptional risk. In reality, this usually applies to those professionals who are trained to assess risk. For example, police officers and fire-fighters are trained to undertake a risk analysis as the situation evolves. Unlike civilians, the professional would be able to identify that a certain course of action would entail risk or perhaps, even be more risky.
The CICA will assess: whether the risk was exceptional and whether the applicant was justified in taking the risk. The first part of the test, the exceptional risk limb, comprises of two discrete elements. The CICA will have regard to the following: was the risk usual or unusual for the injured person? In other words would the injured person have received training in this area and/or would they normally come across this situation as an integral part of their duty? The second part examines the gravity of the situation; the imediacy of the threat to the public; and how dangerous it was to neutralise or extinguish the threat or danger.
Some real examples may help us to understand the CICA's reasoning: a police officer was successful with this application to the CICA for compensation when he chased a bank robber across a busy road at night and was hit by a vehicle which was unrelated to the robbery. The CICA determined that the officer was taking a justified risk by running across the road and that the seriousness of the offence made the risk justifiable. A police officer gave chase after a suspect ran off from a stolen car. The chase was along the sea forshore and the officer slipped and fell, injuring his back. The ground underfoot was very uneven and slippery and the officer had not anticipated the ground to be so wet and so slippery. The CICA found in favour of the officer, in that he had been taking an exceptional risk.
In another case, a police officer, of the drugs squad, accidentally stabbed himself with a hyperdermic needle when searching a vacant premises for drugs. The CICA held that as the search was not under any time constraint, nor was the officer under pressure, the situation was not an exceptional risk. The officer was highly trained in safe methods of searching for evidence and the search did not have to be executed quickly.
Please telephone freephone 0800 169 3683. The call is free and so is the advice.
What our clients say...
I am so pleased with my compensation claim. You were very friendly and helpful from the first 'phone call to the last. Whenever I had any questions, you answered them immediately and clearly knew the CICA system very well. It was a great deal of worry taken off my shoulders to know you were representing me. Thanks again for your efforts.
Customer Comment
Thank you so much for dealing with my criminal injury compensation claim. I am thrilled with the outcome. I can definitely recommend your firm to anyone in similar circumstances. Also, all the people I spoke to were exceptionally understanding, patient and very polite. Well done. Thanks to my compensation, I am going on holiday.
Mrs K.W. June 2011.
What our customers say about us
"Would like to that you for all your great help and hard work !!!"
Mr S, Manchester
Many many thanks for all your work. I am so pleased with the compensation outcome. I would thoroughly recommend you to any of my collegaues who become injured. TH
On 26th October 2010, Mr H said........'Just a short note saying I am thoroughly pleased with the service Mr Walker provided. He kept me well informed and properly looked after my interests. Absolutely pleased. Thank you.'
Mr H
Mr HP said on 12th November 2008 ...........'Excellent-always puts their client first. Keep up the good work-would definitely recommend you to others.'
Mr HP
On 18th June 2009, Mr M of London said..........'I would like to take this opportunity to say how extremely satisfied I was with the service from Edwards Davies Associates. Engaging Edwards Davies as my representative was the best thing I did. They kept me fully informed throught the claim. I will recommend Edwards Davies to all my family and friends.'
Mr M of London
Miss KJ said on 27th March ......I was very pleased with the service I received from Edwards Davies Associates. They handled my claim quickly in a very professional manner. They were very friendly and there were no problems. I would recommend then to anyone wishing to make a claim.'
Miss KJ
Mr ST said on 16th April 2009.........' I am very satisfied with the service I have received from John Walker at Edwards Davies Associates. Both my wife and I have suffered terribly from the assault that was made on me. The outsome of our unfortunate event is very satisfactory and we have had much understanding and support from John Walker. It will be a relief to put this all behind us now and carry on our family life. Thank you John.'
Mr ST
On 22nd October 2009.........K.M. said.......Thank you very much for helping me get a decent settlement in the fastest time possible. I am very pleased with my outcome. Thank you.'
K.M.
Latest article on Criminal Injury Compensation Claims (CICA)...
Criminal Convictions?
CICA Criminal Injuries Unspent Convcitions.
How the CICA apply the rules, an overview.
If you have unspent criminal convictions, then the CICA will take these into consideration when you make a CICA criminal injury compensation claim. A prison sentence of more that 30 months is never spent. Also, it is the actual length of sentence prescribed by the court, not the actual times served. For example a CICA applicant may have been sentenced to four years' imprisonment but only actually served two years in prison. The sentence is four years and not two years.
The CICA are bound by rules of the current 2008 Scheme. So it has to refuse or reduce criminal injury compensation if an applicant to the CICA has unspent convictions. Spent convictions are simply ignored. Although the CICA uses a penalty points system to decide any reduction in criminal injury compensation, they use this with discretion. For example a CICA applicant who has a criminal record of unspent convcitions, who assisted a police officer to uphold the law and in doing so became injured may have a lesser reduction than if they were injured in a street assault.
Similarly, a person with upsent convictions for very serious crimes such as violence or sexual offences has no guarantee of only a small reduction in their criminal injury compensation. If you are making an application because someone has died, then the CICA will take into account the unspent convictions of both the deceased and the applicant.
Please telephone FREEPHONE 0800 169 3683 for free advice on how to begin your criminal injury compensation claim. If you are using a mobile telephone, just ask us to ring you back, it's not a problem.