Victims of violent crime in the UK may be entitled to financial support through the Criminal Injuries Compensation Authority (CICA). However, one of the most significant barriers to receiving compensation is a prior criminal record. This article explores the effect of criminal convictions on CICA applications, how eligibility is determined, and what applicants can do to maximise their chances of success.

How CICA Considers Criminal Convictions

The Criminal Convictions Effect on CICA eligibility is governed by strict guidelines under the CICA Scheme. The authority applies a filtering process to assess whether an applicant’s criminal history disqualifies or reduces the award amount. The types, severity, and timing of offences are all considered.

Relevant Factors Include:

• Type of offence (e.g., violent, sexual, theft, drug-related)
  
  
• Recency of conviction
  
  
• Sentence received
  
  
• Number of convictions
  
  
• Spent or unspent status under the Rehabilitation of Offenders Act 1974
  
  

Automatic Rejection: Unspent Convictions with Custodial Sentences

Applicants with unspent convictions resulting in a custodial sentence (including suspended sentences) are typically automatically disqualified from receiving compensation. This applies regardless of the nature or circumstances of the crime they suffered.

Examples:

• A 12-month suspended sentence for assault within the last five years = Ineligible
  
  
• A 3-month prison term served 6 years ago, but not yet spent = Ineligible
  
  

Spent Convictions and Mitigating Circumstances

If your conviction is spent under the Rehabilitation of Offenders Act, CICA may consider your claim. In certain cases, they may still reject it if the nature of the past offence is severe, but generally, spent convictions are less likely to affect a claim.

CICA can use discretion when:

• There is evidence of rehabilitation
  
  
• The offence was minor
  
  
• The conviction is outdated
  
  

Reduction in Award Instead of Full Refusal

In cases where the conviction is not severe enough to warrant a full rejection, but still considered relevant, the award may be reduced. This partial disqualification reflects CICA’s view that applicants must be of "good character."

Appealing a CICA Decision Based on Criminal Convictions

If your application is rejected or reduced due to your criminal record, you can appeal to the First-tier Tribunal (Criminal Injuries Compensation).

Steps:

1. Request an internal review within 56 days.
   
   
2. If unsuccessful, lodge an appeal to the tribunal.
   
   
3. Present evidence of rehabilitation, remorse, or personal transformation.
   
   
4. Obtain legal or professional representation.
   
   

Rehabilitation Periods for Common Offences

Understanding the rehabilitation period for your specific offence is critical. Here are typical timeframes before a conviction becomes spent:

Practical Tips for Applicants With Criminal Records

• Request a Subject Access Request from the police to confirm your conviction status.
  
  
• Calculate whether your conviction is spent under the Rehabilitation of Offenders Act.
  
  
• Submit character references and evidence of rehabilitation.
  
  
• Explain any mitigating circumstances clearly and thoroughly in your application.
  
  
• Engage a solicitor or advisor with experience in CICA cases.

Key Takeaways: Criminal Convictions Effect on CICA Eligibility

• Unspent convictions with prison sentences usually result in disqualification.
  
  
• Spent convictions may not affect eligibility but are still reviewed.
  
  
• CICA applies discretion based on severity, recency, and evidence of reform.
  
  
• Appeals are possible, especially where rehabilitation can be proven.
  
  
• Preparation, honesty, and legal advice can make a significant difference.
  
  

Final Thoughts

The effect of criminal convictions on CICA claims can be significant, but it is not always an automatic barrier. Each case is assessed on its individual merits. If you have a criminal record and are seeking justice as a victim of crime, understanding your rights under the CICA Scheme is vital. With careful preparation and professional support, it is still possible to receive the compensation you deserve.