DExEU/EM/7-2018.2
1
EXPLANATORY MEMORANDUM TO
CRIMINAL INJURIES COMPENSATION SCHEME 2012 (AMENDMENT)
INSTRUMENT 2019
1. Introduction
1.1 This explanatory memorandum has been prepared by the Ministry of Justice and is laid
before Parliament by Command of Her Majesty.
2. Purpose of the instrument
2.1 This instrument makes changes to the Criminal Injuries Compensation Scheme 2012
(the Scheme).
2.2 The amended Scheme will remove the pre-1979 same roof rule currently found at
paragraph 19 (see 7.4 below). The effect of this will be to enable victims of a crime
of violence committed in the period from 1 August 1964 until 1 October 1979, who
have not applied previously for compensation under the Scheme, to submit an
application. Ministers have also determined that provision should be made in the
amended 2012 Scheme to enable victims whose applications for compensation were
refused under the pre-1979 rule to reapply.
2.3 The amendments to the Criminal Injuries Compensation Scheme 2012 will:
• remove paragraph 19,
• provide for paragraph 18 (duplicate applications) to be disregarded for applicants
that were previously refused an award on the basis of the pre-1979 same roof
rule, under the non-statutory schemes or under paragraph 7 of the 1996, 2001 and
2008 schemes or paragraph 19 of the 2012 scheme, and are re- applying,
• provide for a time limit on the submission of duplicate applications,
• provide in paragraphs 87, 88 and 89 for new applicants and those re-applying to
make applications, and
• extend the application of paragraph 20 to applications received from the inception
of the first Criminal Injuries Compensation Scheme in August1964.
3. Matters of special interest to Parliament
3.1 None.
4. Extent and Territorial Application
4.1 The Scheme applies to injuries occurring in England, Wales and Scotland. Criminal
justice is devolved to the Scottish Parliament and Government. The CICA is a cross-
border public authority under the Scotland Act 1998, and therefore the Secretary of
State retains power to make a scheme for Great Britain. He has consulted the Scottish
