Can you receive criminal damages without charging person?
Discussion
I was assaulted by a complete knobhead last July(beats his wife,has rapist sons,hits girls over the head with iron bars,lives on squirrels and rabbits!?)you know the type,wasn't kidding bout his diet incidentally,anyway,i was getting out of my car in my driveway last year and just as i opened the door knobhead started battering me with a 4 foot wooden baton,basically my knee is half jiggered and my arm is still totally jiggered,dropping cups of tea and stuff.Due to certain circumstances i didn't press charges(threats from his friends etc)and also the police didn't turn up at all at the time of the asault,3pm in broad daylight?Can i put in a claim for criminal damages without charging the person?Just heard this same guy has just rammed a woman off the road in his Jeep and has to resit his test to ever drive again lmao,will he ever learn.
I got compensation from the criminal injuries board after taking a good battering off a group of thugs while walking home one evening. They were unknown to me and I couldn't even give the police much of a description as I was jumped from behind. Nobody was arrested for this and if I'm honest the police weren't really that interested. I got the impression the police just put it down to a group of drunks fighting 
Lack of a conviction does not bar compensation to those injured as a result of violent crime.
Time limit of 2 years in which to make a claim which may be extended due to special circumstances.
Application forms used to be kept at Plod Shops.
Resume on Criminal Injury Compensation Authority at
http://tinyurl.com/m8cyl
(May take some time to load)
dvd
Time limit of 2 years in which to make a claim which may be extended due to special circumstances.
Application forms used to be kept at Plod Shops.
Resume on Criminal Injury Compensation Authority at
http://tinyurl.com/m8cyl
(May take some time to load)
dvd
I think you will find that you have to have made an official report about the assault and an investigation has to have been carried out. Even if the suspects were not traced the CICA will pay out. I do not think they will pay if there was no official investigation. Just reporting the assault over the phone to police is not an official report.
You would have been expected to provide a written statement and other enquiries should have been made. CCTV, house to house and medical consent forms signed with SOCO evidence (usually photos) which will have been documented and supplied to the CICA. They require these so they can decide on how much to award after they have investigated the circumstances themselves.
>> Edited by mg6b on Monday 27th February 19:02
You would have been expected to provide a written statement and other enquiries should have been made. CCTV, house to house and medical consent forms signed with SOCO evidence (usually photos) which will have been documented and supplied to the CICA. They require these so they can decide on how much to award after they have investigated the circumstances themselves.
>> Edited by mg6b on Monday 27th February 19:02
Well as i said in my original post i called the police when the assault took place and they never came!All i've done is reported it over the phone,then when the police didn't turn up i hobbled up to the local police station and gave a statement,then i explained about the situation i was in regarding further threats and the policeman agreed it was probably better i didn't press charges,the policeman knew the guy that assaulted me(he'd been in prison for murder)and he said knowing this guys history the violence would just go on and on and on if he knew i had contacted the police,which is what i thought.
mg6b said:
They require these so they can decide on how much to award after they have investigated the circumstances themselves.
>> Edited by mg6b on Monday 27th February 19:02
Im currently in the middle of a claim with the CICA for injuries including a broken jaw,dental injury requiring root canal treatment, and numbness in the face.
The process will take months to complete and you will hear little from the CICA.
Dont expect a quick payout from these boys, from what they told me they extensivly research any claim...
I've had a payment from CICA concerning a permanent injury as a result of an assault.
you'll need details of your statement to police etc, medical consent etc as stated before.
Photos are very useful. you have to sign them as genuine.
If you need to pay out for scans etc you can claim for these with receipts.
Yourlocal Victim Support centre will have all the forms and can help you fill them out (and they're a good bunch for counselling too).
CICa took about 5-6 weeks to acknowledge my claim (by letter) and about 8 months further to pay out. i understand that mine was relatively quick..
you'll need details of your statement to police etc, medical consent etc as stated before.
Photos are very useful. you have to sign them as genuine.
If you need to pay out for scans etc you can claim for these with receipts.
Yourlocal Victim Support centre will have all the forms and can help you fill them out (and they're a good bunch for counselling too).
CICa took about 5-6 weeks to acknowledge my claim (by letter) and about 8 months further to pay out. i understand that mine was relatively quick..
Where does the money come from for these payments?
And not wanting to set the Cat amongst the pidgeons, but, if its from public coffers like I expect, Wouldn't it be better spent ON the police force?
whilst I am sure its there with good intentions, I cant help but see a pair of chavs who beat the crap out of each other after a nightclub brawl, putting in claims for 'compo cos they hurt their knuckles on t' other guys teeth
Whats the actual justification for the compensation scheme?
Not digging at anyone who's claiming, just genuniely interested.
And not wanting to set the Cat amongst the pidgeons, but, if its from public coffers like I expect, Wouldn't it be better spent ON the police force?
whilst I am sure its there with good intentions, I cant help but see a pair of chavs who beat the crap out of each other after a nightclub brawl, putting in claims for 'compo cos they hurt their knuckles on t' other guys teeth
Whats the actual justification for the compensation scheme?
Not digging at anyone who's claiming, just genuniely interested.
JamieBeeston said:
Where does the money come from for these payments?
And not wanting to set the Cat amongst the pidgeons, but, if its from public coffers like I expect, Wouldn't it be better spent ON the police force?
whilst I am sure its there with good intentions, I cant help but see a pair of chavs who beat the crap out of each other after a nightclub brawl, putting in claims for 'compo cos they hurt their knuckles on t' other guys teeth
Whats the actual justification for the compensation scheme?
Not digging at anyone who's claiming, just genuniely interested.
I think it comes from the 'public purse'. Can anyone correct me?
One of my mates got his nose broken in the local Yates by a lad we all knew. He got a couple of grand compo and the muppet that did it didn't even get charged despite there being 10 witnesses and CCTV. I don't begrudge my mate getting the cash but it seemed like no effort was made to get the attacker to cough up.
rumpelstiltskin said:
Well as i said in my original post i called the police when the assault took place and they never came!All i've done is reported it over the phone,then when the police didn't turn up i hobbled up to the local police station and gave a statement,
Written statement?
Crime complaint number?
rumplestiltskin said:
then i explained about the situation i was in regarding further threats and the policeman agreed it was probably better i didn't press charges,the policeman knew the guy that assaulted me(he'd been in prison for murder)and he said knowing this guys history the violence would just go on and on and on if he knew i had contacted the police,which is what i thought.
Great advice
That officer needs a rocket up the proverbial. Sounds like he cuffed the job! If that was the advice you got, I would consider making a complaint for neglect of duty!
By the way! Is the compensation more important that knowing that the assailant has been properly dealt with? >> Edited by mg6b on Tuesday 28th February 10:26
Properly dealing with the situation would have been the police coming out to the incident in the first place!.My friends have mentioned compensation to me,it's not something i knew about till now.The reason as i said before i haven't properly dealt with him is the threats i received from his friends etc,i have my partner to think about to in all this,he assaults women too,he isn't fussy.If i just had him to deal with i would have charged him.
rumpelstiltskin said:
Properly dealing with the situation would have been the police coming out to the incident in the first place!.My friends have mentioned compensation to me,it's not something i knew about till now.The reason as i said before i haven't properly dealt with him is the threats i received from his friends etc,i have my partner to think about to in all this,he assaults women too,he isn't fussy.If i just had him to deal with i would have charged him.
The reasons he has such status is because no one stands up to him.
Police offer witness services which include protection from suspects through different systems ranging from bail conditions to safe houses.
Properly dealing with it would have been the motivation from you to get action taken to see that it was. The fact that Police did not attend your lcoation at the time you reported the assualt is a poor excuse.
You will not get compensation from the CICA if you know who the assailant is and you fail to name that person. They want justice done to stop community bullies from acting as they do. You cannot get the money they offer without stumping up the goods yourself.
If this was an annonymous attack, then you may well be considered for compensation without police ever finding the culprit. In your case, there will be no free money unless you find the backbone to stand up to this person. If this person is convicted, you may even be awarded free money from his bank account as well although that will be taken off the amount the CICA offer. How good would that feel?
Sometimes in life one has to stand up and be counted or suffer the consequences. There is no such thing as a free lunch
. I was in a similar situation to Rumplestiltskin a few years ago.
Bit of a long post...
To set the scene,I walked out of a pub one night to see a bloke beating the living daylights out of a woman (his wife I later found out). I intervened and dragged him off, we tussled, I put him on his backside.
Saw him out again a few weeks later and he went for me again. I put him on the floor again (I'm a 4th dan black belt in ju-jutsu, 2nd dan in karate and have a few years amateur boxing experience).
Few days later, me and the girlfriend pull up outside my house. As I get out of the car I'm hit across the side of the head with a metal bar which drops me to my knees. He hit me again across the back of the head which knocked me out. My missus then saw him kick me in the face five times before her screaming alerted neighbours and he ran off, leaving me with a broken cheekbone, broken jaw and 9 stitches in my head. He was recognised by a neighbour as the same bloke who I'd had aggro with previously.
He was arrested and charged initially with wounding with intent. I made a statement and found out that he was well known to the local police and he'd been inside numerous times for ABH, GBH, intimidation etc. He made threats to me via other people before the court case, but never carried any of them through.The coppers I spoke to about his threats were not interested as he was "a nutter" and it would make matters worse.
The charges were later dropped to GBH, then assault.
It went to court, where his lawyer ran rings round the CPS lawyer. He stated that he was just walking home when I assaulted him and he acted in self defense!!. For his crimes he was given a 12 month conditional discharge and ordered to pay me £600 for my injuries.
As he left court he spat in a uniformed officers face, the copper just stood there. I hear he's in court again soon for headbutting a female officer!.
Is it really worth standing up to someone and going through all the hassle and abuse and looking over your shoulder every couple of seconds?, I don't think so.
Apply to the criminal injury's board and stay under the blokes radar.
If I could turn back the clock I would have done things differently.
Sorry if I sound bitter, but my one experience (ouside of car related matters)of the police and the british justice system was not a good one.
Cheers
Lee.
Bit of a long post...
To set the scene,I walked out of a pub one night to see a bloke beating the living daylights out of a woman (his wife I later found out). I intervened and dragged him off, we tussled, I put him on his backside.
Saw him out again a few weeks later and he went for me again. I put him on the floor again (I'm a 4th dan black belt in ju-jutsu, 2nd dan in karate and have a few years amateur boxing experience).
Few days later, me and the girlfriend pull up outside my house. As I get out of the car I'm hit across the side of the head with a metal bar which drops me to my knees. He hit me again across the back of the head which knocked me out. My missus then saw him kick me in the face five times before her screaming alerted neighbours and he ran off, leaving me with a broken cheekbone, broken jaw and 9 stitches in my head. He was recognised by a neighbour as the same bloke who I'd had aggro with previously.
He was arrested and charged initially with wounding with intent. I made a statement and found out that he was well known to the local police and he'd been inside numerous times for ABH, GBH, intimidation etc. He made threats to me via other people before the court case, but never carried any of them through.The coppers I spoke to about his threats were not interested as he was "a nutter" and it would make matters worse.
The charges were later dropped to GBH, then assault.
It went to court, where his lawyer ran rings round the CPS lawyer. He stated that he was just walking home when I assaulted him and he acted in self defense!!. For his crimes he was given a 12 month conditional discharge and ordered to pay me £600 for my injuries.
As he left court he spat in a uniformed officers face, the copper just stood there. I hear he's in court again soon for headbutting a female officer!.
Is it really worth standing up to someone and going through all the hassle and abuse and looking over your shoulder every couple of seconds?, I don't think so.
Apply to the criminal injury's board and stay under the blokes radar.
If I could turn back the clock I would have done things differently.
Sorry if I sound bitter, but my one experience (ouside of car related matters)of the police and the british justice system was not a good one.
Cheers
Lee.
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