LOCAL INFORMATION

7.37.1 
Criminal Injuries Compensation Scheme - CICS

7.37.1

Extent:      Jersey
Updated:   October 2017
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Words You May Need to Know

Compensation – something given to make up for a loss

Damages – money paid to make up for a loss

Deductions from the award - sums of money taken off the sum of money awarded

Earnings - money you get from working; wages

Earnings capacity - the ability to earn money

Guardian -  someone who has legal responsibility to look after someone eg a parent is a legal guardian of their child (unless a Court has made a different decision)

Limited - restricted

Loss of facility - no longer being able to do something

Out of pocket expenses- money you have had to spend on things which you would not have bought or paid for if you had not had to do something eg cost of special shoes after an accident.

Note:  This page of the website gives general guidance, and should be read in conjunction with the ‘Guide to Jersey Criminal Injuries Compensation Scheme’ leaflet available from the Jersey Citizens Advice Bureau, St Paul’s Community Centre, New Street, St Helier JE2 3WP or the States Greffe, Morier House, St Helier JE1 1DD.

Overview of the Criminal Injuries Compensation Scheme

See  www.gov.je/StayingSafe/Community/Crime/Pages/CriminalInjuriesCompensationScheme.aspx

An application form for compensation and the Guide can also be downloaded from this site.

Who can apply

Anyone who has suffered a personal injury can apply for compensation if they were

-  the victim of a crime of violence or

-  they were attempting to stop a crime of violence or

-  they were attempting to catch someone who they thought was committing a crime  
   of violence.

The injury may be physical or mental, or have resulted in the person’s death. If the person has died a dependent (eg spouse, partner or child) or relative may apply for compensation instead.

A spouse or partner may apply for compensation if they have been injured after some domestic violence in the home. However, they can only apply once the couple have stopped living together and after a case about the injury has been taken to Court.

How to apply

To make an application for compensation it is necessary to fill out an application form. This should be done as soon as possible after the injury has occurred. However an application must be made within three years of the date of the event that caused the injury.

An adviser at the Citizen’s Advice Bureau can help fill out the form.

Completed application forms should be sent to:

The Criminal Injuries Compensation Board, States Greffe, Morier House,
Halkett Place, St Helier  Jersey, JE1 1DD        

 Telephone: 441028

 An application for a child or young adult under the age of 18 years must be made by an adult guardian.

 

How the award is decided and assessed

The Criminal Injuries Compensation Board is a panel of people who are appointed to the Board in order to decide whether applications for awards will be accepted or not. Most of the members are lawyers.

There are a lot of rules which apply to the Scheme and which the members of the Board use to help them make a decision.

After the Board has decided on the amount of an award deductions are made from the award for:

·   Social Security benefits received because of the injury

·   Compensation received from anywhere else

 

The amount of compensation is decided in the same way that a Court would make an award ( ie an award for 'common law damages').

The amount of compensation that can be awarded for loss of earnings or loss of earnings capacity is limited.

The award may consist of different amounts of damages as follows:-

General damages - for injury, pain and suffering, loss of the ability to do something eg you can no longer walk or feed yourself

Special damages - for loss of earnings, out of pocket expenses, dental costs, replacement of personal belongings.

Appeal procedure

 If someone is not happy to accept the decision of the Board, it is possible to ask for a further hearing to take place with different members of the Board.

 The request for a further hearing must be made within three months of the date when the person applying for the appeal received the results of the case.

Amount of awards