Criminal injuries compensation tribunal
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1. Overview
You can appeal to the First-tier Tribunal (Criminal Injuries Compensation) if:
- you asked the Criminal Injuries Compensation Authority (CICA) to review their decision on your claim for compensation
- you disagree with the decision of that review
You may want to appeal after CICA鈥檚 review if you鈥檙e refused compensation or you鈥檙e unhappy with the amount.
The tribunal can:
- uphold CICA鈥檚 review decision
- increase or reduce your award
- decide you should not get anything
- send your case back to CICA to consider again
You have 90 days to appeal to the tribunal from the date of CICA鈥檚 review decision. Explain why you鈥檙e late if you miss the deadline, for example if you鈥檙e waiting for medical reports.
The tribunal is independent of government and will listen to both sides of the argument before making a decision.
Help you can get
You can find victim and witness support in England and Wales and .
You can represent yourself at the tribunal. To get help and advice before you appeal you can .
2. Appeal to the tribunal
Download and fill in the appeal form. If you鈥檙e applying online, you do not need to sign the form.
You also need copies of:
- the decision letter from the Criminal Injuries Compensation Authority (CICA)
- any documents you want to submit that support your case, such as medical records or evidence of loss of earnings
- any notices you got from the tribunal giving you extra time to apply
Apply online
Make sure you have electronic copies of all of your documents. You need to upload them to the online service.
Other ways to apply
Send all of your documents to the email or postal address on the appeal form. Make sure you sign your appeal form.
If you need help applying
Call or email the tribunal helpline. The helpline cannot give you legal advice.
Criminal injuries compensation tribunal helpline聽
[email protected]
Telephone: 0300 790 6234聽
Monday to Friday, 8:30am to 5pm
Find out about call charges
3. What happens next
The tribunal will send a copy of your appeal form to the Criminal Injuries Compensation Authority (CICA). CICA will usually respond to you and the tribunal within 6 weeks.
You鈥檒l have one month to get back to the tribunal with any extra information or arguments.
How your appeal will be decided
The tribunal will write to tell you if your appeal will be decided using either:
- the paperwork in the case
- a hearing
You can ask the tribunal for a hearing if you鈥檙e unhappy with not being given one.
The tribunal judge鈥檚 decision will be sent to you by post if your appeal is decided using paperwork.
You鈥檒l be given at least 14 days鈥� notice of any hearing.
Hearings
The hearing will usually be held in the area covered by the police force which investigated the crime.
If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.
The hearing will be attended by:
- 2 or 3 tribunal judges or members
- a clerk
- a representative from CICA
- any witnesses
A police officer who knows about your case may also attend if they can help the tribunal.
Offenders do not usually attend tribunal hearings.
What happens at a hearing
You鈥檒l be asked questions about the crime and your injuries.
You鈥檒l present your case to the judge - someone else can do this for you, for example , friend or family member.
Witnesses will come into the hearing room to give evidence - they鈥檒l leave after they鈥檝e done that.
You or your representative can ask questions during the hearing, and can make points at the end.
You鈥檒l usually get the tribunal鈥檚 decision on the day of the hearing.
Expenses for going to the hearing
The tribunal will send you information on how to claim expenses for going to the hearing, such as travel costs.
4. If you lose your appeal
There鈥檚 no right of appeal but you may be able to ask for a 鈥榡udicial review鈥� of the decision if you think the decision was wrong for a legal reason. This means they may hear the case again.
if you鈥檙e unsure.
Before you apply
Before applying for a judicial review:
- write to the tribunal, saying why you think the decision was wrong
- ask for written reasons for its decision
You must do this within 1 month of the date of the decision.
How to apply - England and Wales
You must get permission from the Upper Tribunal (Administrative Appeals Chamber) if you live in England or Wales.
Fill in the judicial review claim form and return it to the address on the form.
Find out more about appealing to the .
How to apply - Scotland
You must get permission from the Court of Session if you live in Scotland by using the application for leave to appeal form.
听听
Send the form to:
Outer House
Court of Session
Parliament House
Parliament Square
Edinburgh
EH1 1RQ
Scottish Courts
[email protected]
Telephone: 0131 225 2595
Fax: 0131 240 6711
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5. Legislation and previous decisions
Read the rules the tribunal must follow and its decisions on previous cases.
Previous decisions
Search the to see how and why previous decisions have been made.
The tribunal will make a decision based on the Criminal Injuries Compensation Scheme 2012.
Legislation
The tribunal must follow the rules in the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.
Read the for more information.