CICA – Glossary of Terms
If you are making an application to the Criminal Injuries Compensation Authority (CICA) you may come across legal terms that you don’t understand. We are here to explain such terms and to help and guide you through your application.
Below are some of the more commonly used terms that may require clarification.
Balance of Probabilities
If you are considering applying for an award from the CICA, you will need to show that you have sustained an injury that is within the scheme and that, on the balance of probabilities, such was caused by you being a victim of a crime of violence.
What Does ‘Balance of Probabilities’ Mean?
This is the legal standard of proof used in civil claims, including CICA applications. It simply means that your version of events is more likely than not to be true, in percentage terms, you need to show there is a 51% or greater chance that what you say happened, did happen.
This is very different from the criminal standard of “beyond reasonable doubt,” which is much higher and is the standard required for a criminal conviction.
The upshot is that you can make a successful application and receive an award even if the party that attacked you was not convicted or even charged.
Crime of Violence
What is a crime of violence?
A “crime of violence” under the Criminal Injuries Compensation Scheme is stated as a crime involving a physical attack, any violent act or omission causing physical injury, a threat causing fear of immediate violence, a sexual assault without consent, or arson or fire-raising. For an act or omission to constitute a crime of violence, it must be done either intentionally or recklessly.
Here are a few more terms you may come across during your CICA claim:
Causation
To receive an award you will need to show that your injury was directly caused by the incident. For example, if you are claiming for psychological trauma, you must show a clear link between the crime and your mental health diagnosis.
Medical Evidence
You will often need to provide medical records or a report from your GP or a specialist. This is to support your claim and demonstrate how the incident has affected you physically or mentally. The CICA may look to obtain the report, but the causal link still needs to be shown.
Limitation Period
This is the legal time limit for bringing a claim. For CICA applications, the usual deadline is two years from the date of the incident for an adult over the age of 18 with full mental capacity.
If the victim is a minor (under the age of 18) then the two years starts from their 18th Birthday effectively giving until their 20th birthday to lodge their application.
If the injured party has capacity issues, then the two years runs from when such issues are resolved. If capacity is never achieved, then the time limit is indefinite.
In some circumstances, particularly dealing with incidents of sexual assault and abuse, the CICA have the discretion to extend this period when, due to exceptional circumstances, an application could not have been made earlier; and the evidence provided in support of the application means that it can be determined without further extensive enquiries by a claims officer.
We can advise on whether you within the timeframe for making your application.
Tariff Scheme
CICA uses a fixed tariff system to assess compensation. Injuries are grouped into categories, and each one has a set value. You cannot negotiate these amounts, but understanding the tariff can help you know what to expect.
If you have more than one injury you will receive an offer based on the multiple injury award scheme whereby you will receive 100% of the most serious injury, 30% for the second and 15% for the third. Certain tariff payments relating to pregnancy, loss of foetus, and contracting an STD due to sexual assault are not subject to the multiple injury formula.
Unspent Convictions
If you have any unspent criminal convictions, this may reduce or bar your claim entirely. The CICA will check your record as part of the process. There does not have to be a link between your conviction and the crime against you. Your claim for an award for rape can be rejected for a motoring offence if serious enough e.g. a custodial sentence for dangerous driving.
We’re Here to Help
Legal jargon can be frustrating, especially when you’re already dealing with trauma. At Ison Harrison, we believe in clear, plain English and supportive legal guidance. If you’re thinking of applying to the CICA or have already started a claim, we can help you understand your rights and strengthen your case.
Contact us today for free, confidential advice from our specialist team.
