CICA- Standard of Proof. Criminal Injuries Compensation Scheme.
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Understanding the two standards of proof in law.
When the CICA examine a criminal injury compensation application, they will need to know what happened to you, how you came to be assaulted or injured in a criminal act. The CICA will request a report from the police region that dealt with the investigation. All cases within the criminal injuries compensation scheme are dealt with on the civil standard of proof. This is on the balance of probabilities. It is a lesser proof than the criminal proof, which is beyond reasonable doubt. The criminal standard of proof is far more onorous, given that defendants can be heavily fined or even be imprisoned by the criminal courts. So, therefore it is very important that the criminal proof is vigorous and robust.
CICA claims only require the lesser standard of proof, on the balance of probabilities. The Criminal Injuries Compensation Authority must be satisfied that you are entitled to acompensation claim on the balance of probabilities. It is perhaps just as well that the lesser burden is used. Although the scheme is called the Criminal Injuries Compensation Scheme 2008 its remit is to examine claims within the civil standard of proof.
The CICA uses the civil standard of proof in all their decisions. They have to be satisfied that it is more than likely than not, that you were injured by a crime of violence and further, that it is more likely than not, that you were blameless in the incident. The balance of evidence must be in the applicant's favour. Simply, the CICA still have to determine that all the evidence points to the fact that you were innocent in the matter and that your injuries were caused by a criminal act, perhaps an assault or even recklessness. It is insufficient to make an application when you were, say, injured in an accident in the street or at home.
Both standards of proof were examined by Lord Denning in Miller -v- Minister of Pensions [1947] 2 All ER 372. Of the criminal standard of proof, Lord Denning said It need not reach certainty but it must carry a high degree of probability. Proof beyond reasonable doubt does not mean proof beyond a shadow of doubt. The law would fail to protect the community if it permitted fanciful possibilities to deflect the course of justice. If the evidence is so strong against a man as to leave only a remote possibility in his favour which can be dismissed with the sentence 'Of course it is possible but not in the least probable', the case is proved beyond reasonable doubt; nothing short will suffice.
Lord Denning said of the civil standard of proof It must carry a reasonable degree of probability, not so high as is required in a criminal case. If the evidence is such that the tribunal can say 'we think it more probable than not', then the burden is discharged, but if the probabilities are equal, it is not.
A simple layman's explanation of the the two legal proofs would be as follows. You see a man in the street wearing a Manchester United shirt. On the balance of probabilities he is a Manchester United fan, although you cannot be absolutely certain. A few days later you are at Old Trafford, home of Manchester United. You see the same man, still wearing the same replica shirt. He is shouting and praising the home team. He applauds and jumps up and down when Manchester United score. Beyond reasonable doubt, he is a Manchester United fan.
If the CICA cannot gain sufficient information to support your application, or there is no evidence on an important issue involving your case, then it is unlikely that you will be sucessful. Similarly if there is no reliable way of knowing the truth, then it may be fatal to your claim for criminal injuries compensation.
Please feel free to telephone us on freephone 0800 169 3683 for advice on your CICA criminal injury compensation claim.