At a glance
- You do not need a conviction to make a CICA claim
- CICA uses the civil standard of proof, based on what is more likely than not
- Many claims succeed where the attacker was never identified, charged or convicted
- You will usually need to report the incident to the police
- You must cooperate with the investigation, where it is reasonable to do so
- You’ll need evidence of your injuries, like medical records
- A case being dropped or a not guilty verdict does not prevent a claim
- If you did not report the crime, your case may still be considered in certain circumstances
You don’t need a conviction to make a CICA claim. The Criminal Injuries Compensation Authority (CICA) operates under the civil standard of proof, not the criminal standard. This means CICA only needs to be satisfied that, on the balance of probabilities, you were the victim of a violent crime.
Many successful CICA claims involve cases where the attacker was never identified, charged, or convicted.
Not sure if you still have a claim? You’re not alone. If you’ve been put off because nobody was convicted, it’s still worth seeking advice about whether you can make a CICA claim. In many cases, criminal injury compensation with no conviction is still possible.
Why the criminal standard does not apply to CICA
Criminal courts and CICA do different jobs. A criminal court decides whether someone is guilty of an offence. CICA decides whether compensation should be paid under the Criminal Injuries Compensation Scheme 2012.
In a criminal case, the prosecution must prove guilt beyond reasonable doubt. That’s a high bar. If the evidence doesn’t meet it, the case may be dropped or the defendant acquitted.
CICA operates differently. It uses the civil standard of proof, which means deciding what’s more likely than not. In legal terms, this is the balance of probabilities. The official guidance says the scheme doesn’t require an offender to have been convicted and that compensation decisions are made on that civil standard.
That’s why a CICA claim without a conviction can still succeed. A prosecution might fail for reasons that don’t change what happened to you, such as:
- Lack of evidence
- Witness issues
- CPS deciding the criminal test isn’t met
CICA can still assess the case on its own evidence.
You also don’t need to wait for a criminal case to finish. If there’s enough information, CICA can make a decision while proceedings are ongoing.
What CICA does require instead of a conviction
While a conviction isn’t needed, there are still important requirements.
In most cases, CICA expects:
- A police report so there’s a formal record of the crime
- Reasonable cooperation with the police investigation
- Evidence of your injuries, such as medical records or treatment notes
- Enough detail to show you were a victim of violent crime on the balance of probabilities
A crime reference number is important because it allows CICA to check the police record. Reporting the incident isn’t the same as securing a conviction. You could still have a valid claim even where the attacker was never found, never charged, or found not guilty.
Common situations where people assume they cannot claim
It’s easy to assume you don’t have a case. But in many situations, you still can:
The attacker was never caught
This is more common than you might think. If you reported the incident and cooperated with the police, you can still claim. CICA doesn’t require the attacker to be identified.
The case was dropped by the CPS
If the Crown Prosecution Service decides not to prosecute, it doesn’t mean you weren’t harmed. It just means the criminal threshold wasn’t met. CICA uses a lower standard, so you may still be able to claim.
The attacker was acquitted
A not guilty verdict doesn’t automatically stop your CICA claim. Criminal courts decide guilt beyond reasonable doubt. CICA makes its own decision based on the balance of probabilities.
The attacker is a family member and you didn’t want to press charges
This can happen in domestic abuse or sexual abuse cases. Not wanting a prosecution doesn’t always prevent a claim, but CICA will still look closely at whether the matter was reported and whether your level of cooperation was reasonable in your circumstances.
The crime happened years ago
Historic cases, including childhood abuse, can still be considered. Different time limit rules may apply, especially where reporting was difficult or delayed.
What happens if you did not report to police?
This is where things can become more complex. CICA without police conviction is possible, but CICA without a police report is much harder.
In most cases, you’re expected to report the incident as soon as reasonably possible. CICA usually relies on this record when assessing your claim.
That said, CICA has limited discretion in some cases. Delayed or non-reporting might need careful explanation, especially where:
- Reporting was unsafe because of domestic abuse
- The claimant was a child at the time
- Coercive control made disclosure difficult
- Trauma or vulnerability made reporting impossible earlier 
Every situation is different. You shouldn’t assume your claim is impossible just because reporting didn’t happen straight away. However, it’s also important not to assume that non-reporting will be overlooked either. This is a specialist area, so seeking advice early matters.
Speak to Injury Lawyers 4u about your CICA claim
If you’re unsure whether you can make a CICA claim without a conviction, it’s worth seeking clear, professional advice before ruling it out.
At Injury Lawyers 4u, we can assess your situation, explain your options, and help you understand whether your claim is likely to succeed. Even if the police didn’t charge anyone, or the case didn’t go to court, you may still be entitled to compensation.
Ready to talk? Get in touch today to discuss your case in confidence with our friendly team and find out how we can support you.
CICA claim FAQs
Do I need a police conviction to claim CICA compensation?
No. You don’t need a conviction to claim through CICA. The scheme uses the civil standard of proof, meaning it looks at what’s more likely than not. Many successful claims involve incidents where the attacker wasn’t identified, charged or convicted.
If the police dropped the case, can I still claim?
Yes, you can still claim. A police decision to drop a case usually reflects the high criminal standard of proof. CICA uses a lower, civil standard, so it can still assess your claim based on available evidence and decide if compensation should be awarded.
What if the attacker was found not guilty?
You can still make a claim. A not guilty verdict doesn’t prevent CICA from assessing your case. It will look at the evidence independently and decide, on the balance of probabilities, whether you were the victim of a violent crime.
Can I claim if I know who attacked me but did not want them prosecuted?
Possibly. CICA will consider whether you reported the incident and whether your level of cooperation was reasonable in your circumstances. Situations involving family members or abuse can be complex, so it’s important to get advice based on your individual case.