Criminal Injuries Compensation Act 1995
Criminal Injuries Compensation Act 1995
1995 CHAPTER 53
An Act to provide for the establishment of a scheme for compensation for criminal injuries.
[8th November 1995]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 The Criminal Injuries Compensation Scheme.
(1) The Secretary of State shall make arrangements for the payment of compensation to, or in respect of, persons who have sustained one or more criminal injuries.
(2) Any such arrangements shall include the making of a scheme providing, in particular, for—
(a) the circumstances in which awards may be made; and
(b) the categories of person to whom awards may be made.
(3) The scheme shall be known as the Criminal Injuries Compensation Scheme.
(4) In this Act—
‘adjudicator’ means a person appointed by the Secretary of State under section 5(1)(b);
‘award’ means an award of compensation made in accordance with the provisions of the Scheme;
‘claims officer’ means a person appointed by the Secretary of State under section 3(4)(b);
‘compensation’ means compensation payable under an award;
‘criminal injury’, ‘loss of earnings’ and ‘special expenses’ have such meaning as may be specified;
‘the Scheme’ means the Criminal Injuries Compensation Scheme;
‘Scheme manager’ means a person appointed by the Secretary of State to have overall responsibility for managing the provisions of the Scheme (other than those to which section 5(2) applies); and
‘specified’ means specified by the Scheme.
2 Basis on which compensation is to be calculated.
(1) The amount of compensation payable under an award shall be determined in accordance with the provisions of the Scheme.
(2) Provision shall be made for—
(a) a standard amount of compensation, determined by reference to the nature of the injury;
(b) in such cases as may be specified, an additional amount of compensation calculated with respect to loss of earnings;
(c) in such cases as may be specified, an additional amount of compensation calculated with respect to special expenses; and
(d) in cases of fatal injury, such additional amounts as may be specified or otherwise determined in accordance with the Scheme.
(3) Provision shall be made for the standard amount to be determined—
(a) in accordance with a table (‘the Tariff’) prepared by the Secretary of State as part of the Scheme and such other provisions of the Scheme as may be relevant; or
(b) where no provision is made in the Tariff with respect to the injury in question, in accordance with such provisions of the Scheme as may be relevant.
(4) The Tariff shall show, in respect of each description of injury mentioned in the Tariff, the standard amount of compensation payable in respect of that description of injury.
(5) An injury may be described in the Tariff in such a way, including by reference to the nature of the injury, its severity or the circumstances in which it was sustained, as the Secretary of State considers appropriate.
(6) The Secretary of State may at any time alter the Tariff—
(a) by adding to the descriptions of injury mentioned there;
(b) by removing a description of injury;
(c) by increasing or reducing the amount shown as the standard amount of compensation payable in respect of a particular description of injury; or
(d) in such other way as he considers appropriate.
(7) The Scheme may—
(a) provide for amounts of compensation not to exceed such maximum amounts as may be specified;
(b) include such transitional provision with respect to any alteration of its provisions relating to compensation as the Secretary of State considers appropriate.
3 Claims and awards.
(1) The Scheme may, in particular, include provision—
(a) as to the circumstances in which an award may be withheld or the amount of compensation reduced;
(b) for an award to be made subject to conditions;
(c) for the whole or any part of any compensation to be repayable in specified circumstances;
(d) for compensation to be held subject to trusts, in such cases as may be determined in accordance with the Scheme;
(e) requiring claims under the Scheme to be made within such periods as may be specified by the Scheme; and
(f) imposing other time limits.
(2) Where, in accordance with any provision of the Scheme, it falls to one person to satisfy another as to any matter, the standard of proof required shall be that applicable in civil proceedings.
(3) Where, in accordance with any provision of the Scheme made by virtue of subsection (1)(c), any amount falls to be repaid it shall be recoverable as a debt due to the Crown.
(4) The Scheme shall include provision for claims for compensation to be determined and awards and payments of compensation to be made—
(a) if a Scheme manager has been appointed, by persons appointed for the purpose by the Scheme manager; but
(b) otherwise by persons (‘claims officers’) appointed for the purpose by the Secretary of State.
(5) A claims officer—
(a) shall be appointed on such terms and conditions as the Secretary of State considers appropriate; but
(b) shall not be regarded as having been appointed to exercise functions of the Secretary of State or to act on his behalf.
(6) No decision taken by a claims officer shall be regarded as having been taken by, or on behalf of, the Secretary of State.
(7) If a Scheme manager has been appointed—
(a) he shall not be regarded as exercising functions of the Secretary of State or as acting on his behalf; and
(b) no decision taken by him or by any person appointed by him shall be regarded as having been taken by, or on behalf of, the Secretary of State.
4 Reviews.
(1) The Scheme shall include provision for the review, in such circumstances as may be specified, of any decision taken in respect of a claim for compensation.
(2) Any such review must be conducted by a person other than the person who made the decision under review.
5 Appeals.
(1) The Scheme shall include provision—
(a) for rights of appeal against decisions taken on reviews under provisions of the Scheme made by virtue of section 4; and
(b) for such appeals to be determined by persons (‘adjudicators’) appointed for the purpose by the Secretary of State.
(2) If a Scheme manager is appointed, his responsibilities shall not extend to any provision of the Scheme made by virtue of this section except so far as the provision relates to functions of persons mentioned in subsection (3)(d)(ii).
(3) The Scheme may include provision—
(a) for adjudicators to be appointed as members of a body having responsibility (in accordance with the provisions of the Scheme) for dealing with appeals;
(b) for the appointment by the Secretary of State of one of the members of that body to be its chairman;
(c) for the appointment of staff by the Secretary of State for the purpose of administering those provisions of the Scheme which relate to the appeal system;
(d) for specified functions in relation to appeals to be conferred on—
(i) claims officers; or
(ii) persons appointed by the Scheme manager as mentioned in section 3(4)(a).
(4) Any person appointed under this section by the Secretary of State—
(a) shall be appointed on such terms and conditions as the Secretary of State considers appropriate; but
(b) shall not be regarded as having been appointed to exercise functions of the Secretary of State or to act on his behalf.
(5) No decision taken by an adjudicator shall be regarded as having been taken by, or on behalf of, the Secretary of State.
(6) The Scheme shall include provision as to the giving of advice by adjudicators to the Secretary of State.
(7) The Secretary of State may at any time remove a person from office as an adjudicator if satisfied that—
(a) he has been convicted of a criminal offence;
(b) he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors; or
(c) he is otherwise unable or unfit to perform his duties.
(8) In Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals), in the entry relating to compensation for criminal injuries substitute, for the second column—
‘12. The adjudicators appointed under section 5 of the Criminal Injuries Compensation Act 1995 (c 53).’.
(9) The power conferred by section 3(1)(a) to provide for the reduction of an amount of compensation includes power to provide for a reduction where, in the opinion of the adjudicator or adjudicators determining an appeal, the appeal is frivolous or vexatious.
6 Reports, accounts and financial records.
(1) The Scheme...
To continue reading
Request your trial