Criminal Injury Claim Despite Previous Convictions: Solicitor sets out in a Q & A when you can claim compensation

Criminal injury victim question

I was recently assaulted, but I have on my record an unrelated previous criminal conviction.  I do not know if having a previous conviction will stop me from being able to make a UK criminal injury compensation claim?

Can I make a UK criminal injury compensation claim despite having a previous criminal conviction?

Criminal Injury Solicitor Response

Your previous criminal conviction could stop you from being able to make a claim depending on the nature of the conviction and whether the conviction is spent.

You should consider the following factors in determining if you can make a claim.

1. Convictions preventing you from claiming criminal injury compensation

The Criminal Injury Compensation Authority – who pays your criminal injury claim – has in recent years has become far stricter in limiting who can claim due to previous convictions.

The criteria is currently set out in the criminal injuries tariff scheme.

For example – you might not be able to claim if at the time of your application (or during the application process) you have one of the following:

1. A sentence excluded from rehabilitation;

2. A custodial sentence;

3. A sentence of service detention;

4.  A sentence removing you from Her Majesty’s service;

5. A community order; or

6. A youth rehabilitation order.

2. Exceptions which allow you to make a criminal injury claim despite previous convictions

There are some exceptions, which will allow you to claim for criminal injuries – despite having previous convictions, which include:

1. Your convictions are legally considered spent;

2. You received only service disciplinary proceedings;

3. There exists an exceptional reason not to withhold or reduce a criminal injuries payment to you.

How to make your criminal injuries claim

See our criminal Injuries process article to learn in plain English all the steps to making a criminal injury claim for compensation in Great Britain or abroad despite having previous criminal convictions