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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11442
Experience:  30 years as a practising solicitor.
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My son is now 24 .He was convicted at age 19 of an assault

Resolved Question:

Hi,my son is now 24 .He was convicted at age 19 of
an assault and given community order then. Age 22 at the t in the park event he was subjected to a serious assault - pins & plates in his jaw ,despite witnesses the perpetrators were given a not proven verdict.
he applied for criminal injuries as he is a self employed plumber-he lost months of work and needed surgeries .
he received a letter last week saying the reviewing officer had decided he was not entitled to any recompense as he had unspent convictions??
this means effectively he is being punished twice- so a previous offender cannot be the victim of crime,please advise if this is the case - we do intend to appeal this verdict at its seems grossly unfair.
Submitted: 6 months ago.
Category: Law
Expert:  JGM replied 6 months ago.

You are entitled to appeal the refusal of the claim for criminal injuries. However you have to be aware that they can refuse or reduce an application where the victim has a prior criminal record for a violent crime. I am sorry to tell you, but I must, that if the appeal is allowed, they can reduce the amount of compensation and they use a points based system to do so. The CICA are strict on this as they consider that a previous conviction goes the character of the applicant and rightly or wrongly they can refuse of reduce the compensation which would otherwise be paid. You can read more about this here: https://www.criminal-injuries.co.uk/criminal-injury-compensation-how-having-criminal-record-can-cost-you.html I hope that helps. Please leave a positive rating so that I am credited for my time.

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