CICA Criminal Injury Compensation Claim.
Why notify the police following an attack?
The 2008 Criminal Injuries Compensation Scheme sates at paragraph 13 (1): A claims officer may withhold or reduce an award where he or she consider that:
(a) the applicant failed to take, without delay, all reasonable steps to inform the police, or other body or person considered by the Authority to be appropriate for the purpose, of the circumsatnces giving rise to the injury; or
(b) the applicant failed to co-operate with the police or other authority in attempting to bring the assailant to justice.
The Criminal Injuries Compensation Authority will therefore not accept explanations such as, the applicant feared a revenge attack; the applicant did not bother to report the assault because they did not have a description of the assailant or they saw no point in reporting the assault for whatever reason.
The CICA should be reasonable when the circumsatnces are that the applicant was rendered unconscious and was conveyed to hospital only to awake the next day for example. Or perhaps where the victim has been stabbed and there is a large amount of blood loss or serious internal organ injury, requiring immediate life saving surgery. But of course, the applicant would need to assist the police as soon as they were able, at the first possible opportunity.
Incidents when the applicant goes home and then the next day makes a formal complaint to the police will most probably not be seen in a favourable light by the CICA. Although, assaults of a sexual nature, such as rape, may be viewed differently if they are reported late, given the distress and trauma suffered by the victim.
If the incident is not reported in a timely manner, then it makes it extremely difficult for the police to apprehend the assailant and bring them to justice. If the police can arrest the attacker, then it may just prevent another person from being assaulted as well.
The CICA will expect the applicant to report the matter, obtain a crime reference number (incident number) and when asked by the police, make a full statement. For example, if the police arrive at the scene of an assault and the victim says I don't want the police to become involved, I don't want to explain the circumstances etc ... then the police usually ask the victim to sign a note in the police officer's notebook to that effect. If at a later time, the victim makes an application for criminal injuries compensation, this decline will be reported to the CICA by the police and most certainly, the application will be rejected. The assailant needs to fully report the matter and not just make a cursory telephone call to the police. Similarly, the CICA would expect the victim to report the matter themselves and not rely on anther person, or assume that another has reported the assault on their behalf.
The Criminal Injuries Compensation Authority sees the reporting of an assault to the police as the duty of the victim not someone else.
For free advice on how to begin your application for criminal injury compensation, ring us on FREEPHONE 0800 169 3683. We are open 7am to 10pm each and every day.
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