When is the right time to make a CICA Claim?

The CICA scheme states that an application must be made as soon as is reasonably practicable after the incident and in any event within two years after the date of the incident.

Where an applicant was a child under the age of 18 on the date the incident occurred, the application must be received by the authority:

1. If reported to the Police before their 18th birthday, by the age of 20.
2. If reported to the Police after their 18th birthday, within 2 years of the date of the first report to the police.

This does mean that it is sometimes necessary to submit a claim before the criminal proceedings have concluded, particularly with the lengthy delays for the listing of trial hearings.

Some police authorities actively support and advise a survivor to make a CICA claim, others advise that a survivor should wait until the conclusion of the criminal proceedings.

It is, we feel, important to note that the CICA’s advice is not to wait for proceedings to be concluded as they can consider the claim without the offender being found guilty and importantly it is not a factor that is considered when the CICA assess a claim that is submitted outside of the two-year period.

The CICA will consider applications made out of time if it can be proven that there are exceptional circumstances which have prevented an earlier presentation of a claim, these usually include psychological injuries arising from the assault. The scheme specifically advises an applicant that they should never make waiting for the outcome of the trial for the reason of delaying the presentation of their application.

Some police authorities take the view that making a CICA claim will prejudice the criminal proceedings as a Jury may place inference or be persuaded by the Defence that the decision to prosecute is financially motivated.

We feel this is an outdated view.  A Judge we believe, will almost certainly advise a jury of an individual’s right to pursue a claim and not to place any negative inference on a person’s credibility for simply exercising their right to pursue a claim.

Yes, it is probable that the complainant will be asked questions about the claim in cross questioning together with their reasons for their involvement in the prosecution, but if these questions are answered honestly, this should not damage a complainant’s credibility or affect the prospects of success of the prosecution.

The consequences are greater for a survivor to delay submitting a CICA application, as this may mean that a survivor is prevented from pursuing an application and receiving the compensation they deserve.