What rights do you have where the two year CICA application deadline is breached but the trial or criminal investigation has just completed?
Until very recently if you were unlucky enough to make a claim to the CICA for criminal compensation following a lengthy historical abuse trial – the case could and probably would be declined. Why? Because the government have a strict deadline rule which stipulates that your claim must be submitted within 2 years of:
The latter rule very often proves to be a difficult one for many applicants to comply with. It is generally the case that an investigation and subsequent trial can take more than 2 years to finalise and almost certainly this would happen if multiple victims were involved.
We have seen many instances where a “late” claim made within days of a trial would be rejected immediately due to the unfair interpretation deadline rule.
We are pleased to say that this very unfair policy has now been removed from the internal handling processes within the CICA specifically in relation to abuse or sexual assault claims. From November 2017 the CICA will no longer raise issue with delayed sexual crime claims where a trial has recently come to an end. We say recently as we do not know quite how long this period of grace lasts. The general view we would take is that you should submit your claim as soon as you reasonably can and for many this might be after a trial BUT it does not have to be. Some leeway is possible in relation to rape assault claims and abuse matters following the completion of the criminal process however do not rely upon the goodwill of the CICA. They apply their rules rigidly in many instances.
For advice on the timing of your CICA abuse or sexual assault claim – please contact us on 01423 593002. We would be happy to explain your rights and give you the advice you need at this difficult time.