Compensation Claims in Criminal Cases
When a criminal offence has been committed, the court has the power to order the offender to compensate the victim. If you are seeking compensation, you should take note of the following matters.
Am I eligible to make a compensation claim?
Compensation claims are only for persons who have been clearly identified as the victim of the offence.
For example, if you receive notice from the Court stating the same. Such as notice typically reads “Notification of Hearing where Decision on Compensation may be Made.“.
The notification would typically set out further details that you would need to be aware of, such as the venue of the hearing, what you need to do if you wish to adduce further evidence or address the Court.
Alternatively, in the event you think you should qualify as a compensation claimant, you can reach out directly to the investigation officer responsible for handling your case.
Must you provide evidence and make submissions?
In the event you wish to adduce further evidence or address the Court on matters such as why you should receive compensation and if so, how much, you would need to provide these at least 3 working days prior to the hearing.
Typically, a link to a particular website would be provided in your notice, allowing you to do so. Regardless whether you choose to do so, the court will still make a decision whether it is appropriate in the circumstances to grant a compensation order.
Is attendance at the hearing compulsory?
While you may attend the hearing in person, this is equally not compulsory. If you wish to attend, you must indicate this on the relevant website in advance. Regardless whether you choose to do so, the court will still make a decision whether it is appropriate in the circumstances to grant a compensation order.
When is a compensation order appropriate?
The Court will consider all the facts of the case and decide if it is appropriate to make an order for compensation to be paid. The amount awarded will be fair and will not exceed what you could reasonably obtain through civil proceedings assuming you had commenced them yourself.
When will I receive payment?
Once the court makes a compensation order and the offender pays, the investigation officer will reach out with further details on how you can receive payment.
This publication is not intended to be, nor should it be taken as, legal advice. It is not a substitute for specific legal advice for specific circumstances. You should not take, nor refrain from taking any action(s) based on this publication. We shall not be responsible for, nor do we accept any responsibility for, any loss or damage that may arise from any reliance on this publication.
