Unspent Convictions and the CICA Scheme
The Criminal Injuries Compensation Scheme allows the Criminal Injuries Compensation Authority to reduce or refuse awards where an applicant has an unspent criminal conviction. In practice, this rule is often applied rigidly, with decisions turning on the existence of a conviction rather than the surrounding circumstances.
For survivors of sexual abuse, this can create a significant and unexpected barrier to compensation, even where the abuse itself is proved and confirmed
Why Survivors of Sexual Abuse Are Particularly Affected
Sexual abuse frequently results in long-term trauma. Many survivors develop coping behaviours that later bring them into contact with the criminal justice system, often during adolescence or early adulthood.
Examples commonly seen in CICA cases include:
- substance misuse linked to trauma
- offending connected to coercion or exploitation
- survival behaviour following grooming or abuse
Despite this context, the Scheme does not automatically consider whether offending behaviour arose directly from abuse. As a result, survivors can find themselves excluded from compensation for reasons that are inseparable from the harm they suffered.
Growing Public and Media Scrutiny
Recent media coverage has highlighted the scale of the issue, revealing that large numbers of victims of violent and sexual crime have been denied compensation because of unspent convictions. Survivor groups and charities have criticised the approach as unfair and disconnected from the realities of abuse and exploitation.
The Independent Inquiry into Child Sexual Abuse previously recommended reform of the Scheme to better reflect the experiences of victims. However, the unspent convictions rule remains largely unchanged.
Discretion, Refusals, and Appeals
Although the Scheme allows CICA to exercise discretion in exceptional cases, this is applied inconsistently. Many refusal decisions contain little or no engagement with the survivor’s personal history, the link between abuse and offending, or evidence of rehabilitation.
Importantly, a refusal is not the end of the process. Survivors may be entitled to:
- request an internal review of the decision
- appeal to the First tier Tribunal
- submit further evidence explaining the impact of abuse
With specialist legal support, appeals can succeed where a clear causal link between abuse and offending is properly presented.
Why Early Advice Makes a Difference
CICA claims are time sensitive and procedurally strict. Survivors dealing with trauma, safeguarding concerns, or criminal records often struggle to navigate the system alone.
Early legal advice can help ensure the claim is framed correctly, evidence is gathered at the outset, and unspent conviction issues are addressed proactively. Each case turns on its own facts, but informed support can make the difference between refusal and recognition.
To see how we can help:
- call: 0113 284 5000
- email: [email protected]
