CICA Appeal Solicitor | Criminal Injury Compensation
SOLICITORS HELPLINE 0845 644 4163
Decisions made by the Criminal Injuries Compensation Authority (CICA) can be reviewed or appealed by a CICA appeal solicitor at every stage of the application process which starts by submission of a detailed account of the incident to CICA offices in London or Glasgow. The CICA will acknowledge receipt and will obtain information and reports from the police, medical authorities and the physician who tended to your injuries. The CICA may ask you for more information and request that you submit written answers to additional questions so that they can make an informed decision. The CICA will then decide whether to award full compensation, reduced compensation or reject the claim. The claimant is provided with a written notification of all important decisions during the entire process together with information about internal review by a senior CICA case officer and CICA appeals to the Criminal Injuries Compensation Appeals Panel (CICAP).
CICA Case Officer Review
A claimant who is unhappy with the CICA's decision has the ability to appeal. The first appeal procedure is to request that the decision be reviewed by a more senior case officer. The senior case officer can either amend the decision or reinstate it with no changes. The necessary forms for requesting this review are included with the written notice of the CICA's decision which is provided to the claimant. Should the applicant be dissatisfied with the senior case officer's decision, they can make an appeal to the Criminal Injuries Compensation Appeals Panel which operates independently of the CICA and its decisions are binding. Written notification of the initial decision also includes the forms used for making an appeal to CICAP which will only take place after internal review.
The CICA must give at least 30 days notice of the right to appeal once the decision has been transmitted to the applicant. The 30 days notice must be supplied to enable the applicant to make representations which will be taken into account during the reconsideration of the decision. Upon reconsideration the CICA can increase or decrease the proposed compensation if new evidence is available which makes the original amount unfair or inappropriate.
Even after a final decision has been made, if there is a material change in the victim's medical condition, the CICA has the power to re-open the claim. If the original award of compensation could cause an injustice if allowed to stand, the power to re-open the case may be enforced. Usually, there is a maximum 2 year limitation period on re-opening cases, however the authority has discretion to extend the period in certain circumstances.
Criminal Injuries Compensation Appeals Panel
A final appeal can be made to the Criminal Injury Compensation Appeals Panel and the application must normally be received within 90 days of the date of the final review by the CICA. In special circumstances, this 90 day period may be waived by CICAP if it would be in the interest of justice to do so. Written notification of the outcome of the appeal, giving reasons for the decision, will be sent to both the appellant and to the CICA who must abide by the Appeal Panel's ruling.
Applications may be rejected or the amount of compensation reduced by the CICA for a number of reasons all of which can give rise to an application to the Criminal Injuries Compensation Appeals Panel. The CICA has the right, subject to appeal to CICAP, to reduce or refuse an award if the victim :-
CICA Appeal Solicitor
A CICA appeal solicitor will provide quality, client-focused representation in applications to the CICA and subsequent appeals to CICAP. We are committed to pursuing the maximum amount of compensation available to our clients. If you have been injured as the result of a violent crime, contact us today for free legal advice. You will speak with one of our experienced solicitors who will provide you with a straightforward assessment of your potential claim. Simply phone us on our helpline or complete the contact form on this website.
Whilst apprehension, prosecution and conviction are not necessary for an award of compensation by the Criminal Injuries Compensation Authority (CICA) it may be of interest to consider the process of criminal appeal to a CICA applicant.
A case can be referred to the Criminal Appeal Court either from the Magistrates Court or from the Crown Court as follows :-
An appeal to challenge conviction or sentence in the Magistrates Court is by way of a re-hearing before a Circuit Judge or a Recorder sitting in the Crown Court with two lay magistrates and is subject to another potential appeal by way of 'case stated' to the Queens Bench Division (QBD) which sits as a criminal appeal court. During this process, there is no oral evidence and the judges will read the original arguments submitted during the initial hearing. The judges will then listen to barrister’s arguments before affirming, reversing or amending the original decision of the magistrates. A further application for a re-hearing can be made to the House of Lords on a point of law, with the leave of either the QBD or the House of Lords. When taken to the House of Lords, all original documents from the initial case and barristers arguments will be heard before making a majority decision.
An appeal from the decision of the Magistrates Court can also be taken directly to the QBD when the accused believes that the decision of the magistrates was wrong in law or that they exceeded their jurisdiction. The QBD procedure is outlined above and again a subsequent appeal can be made to the House of Lords in a similar manner.
A defendant has the right of appeal against conviction or sentence in the Crown Court. The application, which is not a re-trial, is heard by the Court of Appeal, sitting as a criminal appeal court, which will consider the documentation and listen to arguments from the barristers. There is a further potential appeal to the House of Lords on a point of law with the leave of either the Court of Appeal or the House of Lords. The House of Lords hearing is not a retrial. The judges read all the original documents submitted in the initial case and listen to the barristers arguments before a majority decision is made.
House of Lords
Some decisions made by the House of Lords can be challenged in the European Court of Human Rights and an appeal can be referred from all courts to the European Court of Justice. In addition the Criminal Cases Review Commission may refer miscarriages of justice to the Court of Appeal for reconsideration.
Our specialist solicitors are members of the Law Society panel of personal injury experts. We offer free initial advice on CICA applications and will review your potential claim and advise on its value. If the claim is refused or the award is inadequate, in appropriate cases, we will appeal the decision. For free advice on risk free no win no fee claims just use the helpline or complete the contact form or email our offices and a solicitor will speak to you on the telephone without further obligation.
SOLICITORS HELPLINE 0845 644 4163