Co-operating With Police
Why should you help the police bring the offender to justice?
What the law says about your case.
Under paragraph 13(b) of the Scheme, a 'Claims Officer may withhold, or reduce an award where he considers that the applicant failed to co-operate with the police or other authority in attempting to bring the assailant to justice'. In simple terms, if you do not help the authorities to prosecute, it is unlikely that you will receive an award.
For example, if you fail to make a statement to the police, or fail to attend court and give evidence, or simply say, 'I don't want to name the person'.............then of course, you will be unlikely to receive an award.
The CICA expects that victims should co-operate fully and fearlessly in the process of justice.
If you have not assisted the police, then there has to be an extra special set of circumstances in place, to defeat the refusal of an award.
One reported example has been where a life threatening illness made it too difficult for the claimant to continue and withdrew his complaint. An exception was made and an award of 50% of the tariff was made.
A common example, we encounter is that the claimant knows the assailant but refuses to name him. Typically, the claimant may say to the police, I don't want to name the attacker for fear of reprisals. Again, the CICA are most unlikely to make an award.
If you mislead the police, or withhold information, then expect your claim to be rejected.