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The new criminal injuries compensation scheme introduced by the ministry of justice in 2012, which significantly restricts the ability of workers injured in the course of their duties as a result of a criminal act to apply for compensation. The key reforms, including changes to eligibility criteria, tariffs, loss of earnings provisions, and special expenses, which will impact workplace victims.
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The Ministry of Justice consultation Getting it right for victims and witnesses , which ended in April, contained proposals seriously restricting the ability of workers injured in the course of their duties as a result of a criminal act to apply for compensation from the Criminal Injuries Compensation Authority (CICA).
Justice secretary Ken Clarke disregarded the opposition to these reforms by trade unions, lawyers and justice groups and laid a draft Statutory Instrument on 2 July 2012 to bring a new CICA scheme into force on 30 September, or within two weeks of it being passed by the House of Commons.
The new scheme was debated by the House of Lords on 25 July and went before a House of Commons delegated legislation committee on 10 September but the regulation to implement the new scheme was not moved after opposition from all sides. The government then claimed that it “had listened to the views expressed in Parliament” and would consider its next steps.
Below we set out the key reforms which will impact on workplace victims:
1. Eligibility impact - Eligibility will depend on establishing that the victim is a victim of a crime of violence, the definition of which is changed in order to restrict claims. - Eligibility will also be restricted by a number of new criteria including residency, reporting of the crime, conduct and unspent convictions.
Definition of a crime of violence
Residency
Reporting
Conduct
Unspent previous convictions