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PI Brief Update

A Review of Recent Criminal Injury Compensation Authority (CICA) Cases - Sophie Beesley, Old Square Chambers

12/03/14. Two recent decisions emphasise that for an injury to qualify under the Criminal Injuries Compensation Scheme (CICS), it must be caused by a ‘crime of violence’. For an act to be simply criminal or merely irresponsible is not sufficient, no matter how severe the injury.

CICA v First-Tier Tribunal and CP (CIC) [2013] UKUT 0638 (AAC)

An offence is not committed under section 23 of the Offences Against the Persons Act 1861 if a pregnant woman drinks alcohol causing damage to her unborn child.

CP is a young girl who suffers from foetal alcohol spectrum disorder as a result of her mother drinking excessively during pregnancy. During November 2009, a claim was made on CP’s behalf for compensation for her mother’s actions. Her application was refused on the basis that...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.