At a glance
- You can successfully claim CICA compensation even if your attacker was never identified, arrested, or convicted
- The CICA uses a lower civil standard of proof, requiring only a 51% chance that the crime occurred
- Claimants must cooperate fully with the police, as delays or withdrawing statements will lead to immediate rejection
- A “no further action” decision by the police does not prevent you from making a successful CICA claim
- Claimants with unspent criminal convictions may face reduced payouts or complete rejection under strict CICA rules
- With a 62% rejection rate in 2024-25, professional legal support is vital to navigate the complex application process
Being the victim of a violent crime can have a lasting impact on your life. When the person responsible isn’t caught, charged or convicted, it can feel as though justice has been denied.
However, a criminal conviction isn’t always necessary for compensation to be awarded.
The Criminal Injuries Compensation Authority (CICA) was created to support victims of violent crime, including situations where the offender was never identified or where criminal proceedings didn’t result in a conviction.
If you’re wondering whether you can make a CICA claim without a conviction, the answer is often yes. This guide explains how the scheme works, what evidence may be required and the factors that could affect your claim.
Can you make a CICA claim if there was no conviction?
Yes, you can make a CICA claim with no conviction because the Criminal Injuries Compensation Authority (CICA) operates independently from the criminal courts.
To secure compensation, you don’t need the police to identify, arrest or convict your attacker. Instead, the authority assesses your application based on its own specific criteria, focusing on whether a violent crime occurred rather than the criminal status of the perpetrator.
This independent process ensures that victims of violent crimes, sexual abuse or domestic violence can still receive financial support and official acknowledgement even if the criminal case was dropped, the suspect was acquitted or the offender was never found.
This independence is a vital lifeline for thousands of victims across the England, Scotland and Wales. Often, criminal investigations stall because of a lack of forensic evidence, or cases are closed when suspects disappear.
In these situations, the criminal justice system may fail to provide closure. The CICA scheme, however, was designed specifically as a safety net for victims, recognising that a lack of criminal prosecution doesn’t erase the harm you’ve suffered. By focusing on the impact of the injury rather than the outcome of a trial, the scheme provides a route to move forward.
You don’t have to wait for a criminal trial to conclude, nor do you have to abandon hope if the police close their investigation. Understanding how this system operates independently is the first step towards claiming what you are owed.
How the CICA standard of proof differs from criminal courts
The primary reason you can successfully obtain criminal injury compensation without conviction is that the standard of proof required by the CICA is entirely different from a criminal court. Criminal trials require the highest possible standard of proof to avoid wrongful convictions. In contrast, the CICA evaluates your application using the civil standard of proof.
To make a successful CICA claim, you only need to satisfy the CICA balance of probabilities test. This means you must show that it’s more likely than not that you were the victim of a violent crime. If the evidence suggests there’s a 51% or higher chance that the incident occurred as you described, the CICA can award compensation.
This lower threshold allows victims to succeed with a CICA claim after acquittal or after the police decide not to charge a suspect.
| Aspect of Case | Criminal Court Standard | CICA Scheme Standard |
| Standard of Proof | Beyond reasonable doubt | On the balance of probabilities |
| Required Certainty | Nearly 100% certainty (the jury must be sure) | More likely than not (51% or higher likelihood) |
| Focus of Inquiry | Guilt of the specific defendant | Whether a crime of violence occurred and caused injury |
| Evidence Needed | High-level forensic, physical or eyewitness evidence | Police reports, medical records and victim statements |
| Outcome | Conviction, acquittal or dropped charges | Financial award to recognise physical or mental harm |
This difference in standards explains why many victims who feel let down by the police or courts still go on to receive awards from the CICA. When a case is dropped due to insufficient evidence for a criminal trial, that same evidence is often more than enough to meet the 51% civil threshold.
The police cooperation trap: avoiding paragraph 23 rejections
While a conviction is not necessary, there’s one strict condition you must meet to secure compensation: full cooperation with the police. Many victims unintentionally fall into what’s known as the passive non-cooperation trap, leading to immediate claim rejections under Paragraph 23 of the CICA Scheme. This trap often triggers after a traumatic incident when victims are dealing with severe distress, mental health struggles or fear of reprisal.
A police officer might ask if you want to press charges, and in a moment of exhaustion, you might say no or ask to drop the case. The CICA routinely interprets this as a ‘refusal to cooperate’, even if your decision was driven by sheer trauma.
To protect your eligibility and avoid the top reasons CICA claims are refused, you must understand how the authority defines cooperation.
These are the key ways victims accidentally trigger a Paragraph 23 rejection:
- Delaying the initial report: You must report the crime to the police immediately, usually within 48 hours. Failing to do so without an exceptional reason will lead to a rejection.
- Withdrawing your statement: If you ask to withdraw your witness statement or tell officers you no longer want to proceed, the CICA will view this as non-cooperation.
- Failing to attend appointments: Missing scheduled police interviews, forensic medical exams or identity parades is often flagged as passive non-cooperation.
- Declining to give a full statement: Refusing to name a suspect when you know who they are, or withholding key details, can invalidate your claim.
A recent review of CICA data revealed that over 2,700 claims were rejected in a single year solely because the applicant failed to cooperate with the police. This statistic highlights why having a solicitor is so important to ensure you don’t make innocent mistakes.
What happens to your CICA claim if the police took no further action?
If the police decide to take no further action (NFA) on your case, you may feel like your journey has reached a dead end. However, a no further action CICA claim is a very common and successful path when managed correctly by a specialist legal team. When the police close a file due to ‘evidential difficulties’, it rarely means they don’t believe you.
It simply means they don’t have the watertight evidence required to convince a jury beyond reasonable doubt. Our role as your solicitor is to step in and build an alternative civil case file that speaks directly to the CICA’s lower standard of proof.
This can include obtaining initial 999 call logs, officer notebooks, incident reports and body-worn camera footage. Even if these pieces of evidence weren’t enough to charge a suspect, they can clearly document that a violent incident took place and that you reported it immediately. We can also request and analyse your GP records, hospital admission files and therapy notes.
These medical documents provide vital, objective proof of the physical and psychological injuries you suffered, linking them directly to the reported crime. By weaving these elements together, we present a cohesive narrative that satisfies the balance of probabilities. A CICA claim offender not convicted scenario is routine for our team because we know exactly how to demonstrate that, on the facts, you were a victim of a violent crime.
How unspent convictions and complex situations affect your claim
Handling the CICA scheme becomes increasingly complex when you face personal hurdles or unusual circumstances. Our legal team can review your case and explain how to apply under the CICA claim eligibility and time limits rules.
Unspent convictions of the applicant
One of the most restrictive parts of the scheme involves unspent convictions CICA rules. If you have your own criminal record, the CICA can reduce your compensation award or reject your claim entirely, even if your conviction is completely unrelated to the attack you suffered.
Academic research and victim advocacy groups have long criticised these rules, pointing to a systemic bias where minor, historic or unrelated offences heavily penalise people who are genuine victims of violent crime.
We can review your record, calculate your penalty points under the CICA scale and advise you on how your past might affect your current claim.
When the perpetrator has died or cannot be identified
You can still claim compensation if your attacker passed away, committed suicide before a trial or was never identified. This is particularly common in historic physical or sexual abuse cases, as well as domestic violence claims where the abuser has died. The CICA scheme doesn’t require a living, identified defendant to pay the compensation; the funds are provided by the government.
As long as we can prove the abuse or violent crime occurred through police logs, medical records or social services files, the CICA can award you the financial acknowledgement you deserve.
Claiming for psychological injury without an NHS diagnosis
Securing compensation for psychological injuries like PTSD can be incredibly difficult when you’re stuck on long NHS waiting lists. The CICA requires formal, clinical proof of a disabling mental health condition from an approved specialist. If you can’t get an NHS appointment, your claim risks stalling or being rejected.
Our legal team can help by persuading the CICA to arrange independent psychiatric assessments to secure the authoritative diagnosis needed to support your application.
Why legal backing is vital to beat high CICA rejection rates
The CICA scheme is designed to be an accessible compensation fund, but the reality is a highly complex, bureaucratic system with strict rules. Attempting to manage a claim on your own can be overwhelming, especially while recovering from physical or emotional trauma. Working with an experienced personal injury solicitor changes the dynamic completely, protecting your rights and ensuring your voice is heard.
This is why professional legal backing is crucial:
- Overcoming high rejection rates: In the 2024-25 financial year, the CICA refused 62% of all resolved claims, proving just how difficult it is to secure an award without expert guidance.
- Managing the administrative burden: With over 55,000 cases currently backlogged, claims frequently stall; we proactively manage the CICA, chasing medical records and ensuring deadlines are never missed.
- Maximising your award: We ensure every physical and psychological injury is fully documented, helping you claim the maximum amount allowed under the criminal injuries compensation amount guidelines.
- Winning on appeal: If the CICA initially rejects your application, we can represent you in an appeal; nearly 60% of appeals successfully overturn initial CICA decisions, proving that the authority’s first assessments are frequently flawed.
We handle the heavy lifting so you can focus on your recovery, turning a stressful administrative battle into a structured, supported path to justice.
Pursue the compensation you deserve
Failing to secure a criminal conviction doesn’t mean you’re locked out of receiving justice and compensation. While the CICA’s administrative barriers, passive non-cooperation traps and high rejection rates make claiming alone highly risky, specialised legal support can help you navigate these hurdles.
Express Solicitors is here to bear the weight of the process on your behalf, guiding you step by step to the closure you deserve.
If you’ve suffered from a violent crime and your attacker wasn’t convicted or caught, you don’t have to go through this alone. Contact our team today for a free, confidential assessment of your eligibility. Let us help you secure the justice you deserve through our dedicated criminal injuries compensation service.
CICA claims with no conviction FAQs
Can I make a CICA claim if the police took No Further Action (NFA)?
Yes, you can make a CICA claim if the police took No Further Action. The CICA makes its decision based on the balance of probabilities rather than the criminal standard, provided you cooperated fully with the police during their investigation.
What happens to my CICA claim if the suspect was found not guilty?
A not guilty verdict in a criminal court doesn’t defeat your CICA claim. While criminal trials require proof beyond reasonable doubt, your solicitor can still successfully secure compensation by proving your claim on the lower balance of probabilities.
Do I have to wait for the criminal court trial to finish before I claim?
You don’t have to wait, but the CICA can sometimes defer its decision until criminal proceedings end. Crucially, you must still submit your claim within the strict two-year time limit from the date of the incident, even if the criminal trial is still on-going.
Can I get compensation if I don’t know who attacked me?
Yes, the CICA scheme compensates victims of violent crime even if the attacker was never identified or caught. The key requirements are that you reported the incident to the police and cooperated fully with their enquiries.
Will my own criminal record affect my CICA claim?
Yes, under CICA rules, your application can be reduced or rejected if you have certain unspent convictions. A specialist solicitor can assess your criminal record to determine how it might impact your compensation claim.