Victim of Violent Assault?

Have you been Assaulted?
There are many ‘violence related offences’ ranging from causing grievous bodily harm, to kidnapping, or to wounding The level of violence can range from merely touching somebody out of anger to injuries falling just short of death.
Section 47 of the Offences Against the Persons Act 1861 creates the offence of assault occasioning actual bodily harm (ABH).
ABH is an assault resulting in actual bodily harm and is based on the degree of the injury. For example surface injuries such as bruises and grazes fall within the category of ABH.
Other examples of ABH are loss or breaking of teeth, temporary loss of sensory functions, extensive or multiple bruising, minor fractures, and cuts requiring stitches.
Some forms of ABH are considered more serious than others depending on the harm caused. Factors which may make the offence more serious include:
·         The use of a weapon likely to cause serious injury
·         Violence is caused to vulnerable people
What is Grievous Bodily Harm  (GBH)
The offences of wounding and GBH are found under two separate sections of the Offences Against the Person Act 1861.
1. Unlawful Wounding/ Inflicting Grievous Bodily Harm – contrary to section 20 of Offences against the Person Act 1861
Wounding means the breaking of the continuity of the whole of the outer skin, or the inner skin within the cheek or lip. It does not include the rupturing of internal blood vessels.
It is an offence which can be dealt with in the Magistrates Court or the Crown Court and carries a maximum penalty on indictment of five years’ imprisonment and/or an unlimited fine.
2. Unlawful Wounding/causing Grievous Bodily Harm with Intent, contrary to section 18 Offences Against the Person Act 1861
The offence is committed when a person unlawfully and maliciously, with intent to do some grievous bodily harm, or with intent to resist or prevent the lawful apprehension or detainer of any other person, either wounds another person; or causes grievous bodily harm to another person.
This is one of the most serious allegations of Assault and is therefore only dealt with in the Crown Court and carries a maximum penalty of imprisonment for life.
Factors which may make the offence more serious include:
·         A significant degree of premeditation
·         Use of a weapon or weapon equivalent
·         Intention to commit more serious harm that actually resulted from the offence.
Have you been the victim of a violent assault?  Have you been injured?
Did you know that you could claim compensation?
If you have been injured as a result of a violent crime you may be entitled to compensation under the Government’s Criminal Injuries Compensation Scheme. The scheme is administered by the Criminal Injuries Compensation Authority (CICA) and is aimed at compensating victims of crime.
Crime statistics for the year June 2011 to June 2012 show that 9.1 million crimes were reported in England and Wales. Of these around 4 million were violent offences against individuals. The injuries sustained by victims range from minor grazing, severe bruising to multiple fractures and wounding.
The Criminal Injuries Compensation Authority aims to provide compensation to victims of violent crime. It recognises the pain and suffering victims go through and gives them some financial support that may help them to move on.
For your application to succeed it must be established that:
  • You have been injured seriously enough to qualify for at least the minimum compensation award (£1,000). We shall assess the value of your claim for you.
  • You attended a hospital and or your GP doctor for your injuries.
  • You were injured in an act of violence in England, Scotland or Wales. An offender does not necessarily have to have been convicted of, or even charged with that crime.
  • You have made your application within two years of the incident that caused your injury. (The CICA might accept applications outside this limit if in your particular case it wasn’t reasonable for an application form to have been submitted within two years of the incident and there would still be enough evidence for the CICA to consider.)
  • You reported the matter to the police without delay and have co-operated with any prosecution which arose as a result.
The CICA may refuse or reduce an award of compensation because of your behaviour before, during or after the incident in which you were injured, it may do so because of your criminal record or if you have failed to co-operate with the police or because of your delay in informing the incident to the police or other appropriate authority. It is therefore important that you report the incident promptly and fully co-operate with the police during their investigation.
If you are have a  Criminal Record
If at the time of your claim you have an unspent conviction the Criminal Injuries Compensation Board will not pay any compensation to you.
Unspent convictions are Governed by the Rehabilitation Act (as amended by the Legal Aid & Punishment of Offenders Act 2012)
Please refer to the following to ensure that your previous convictions are spent, if they are not you shall have to wait until they are before you can make a claim. This may mean that you cannot make a claim because you have to make a claim for compensation within 2 years of the incident.
     Sentence
  End of rehabilitation period for adult offenders(18 + at   date of conviction)
 End of rehabilitation period for offenders under 18 at date of conviction
A custodial sentence of more than 30 months and up to, or consisting of, 48months
The end of the period of 7 years beginning with the day on which the sentence(including any
licence period) is
completed
The end of the period of 42months beginning with the day on which the sentence(including any
licence period) is
completed
A custodial sentence of more than 6 months and up to, or consisting of, 30months
The end of the period of 48months beginning with the day on which the sentence(including any
licence period) is
completed
The end of the period of 24months beginning with the day on which the sentence(including any
licence period) is
completed
A custodial sentence of 6 months or less
The end of the period of 24months beginning with the day on which the sentence(including any
licence period) is
completed
The end of the period of 18months beginning with the day on which the sentence(including any
licence period) is
completed
Removal from Her Majesty’s service
The end of the period of 12months beginning with the date of the conviction in
respect of which
the sentence is
imposed
The end of the period of 6 months beginning with the date of the conviction in
respect of which
the sentence is
imposed
A sentence of service detention
The end of the period of 12months beginning with the day on which the sentence
is completed
The end of the period of 6 months beginning with the day on which the sentence is
completed
       A fine
The end of the period of 12months beginning with the date of the conviction in
respect of which
the sentence is
imposed
The end of the period of 6 months beginning with the date of the conviction in
respect of which
the sentence is
imposed
A compensation order
The date on which the payment is made in full
The date on which the payment is made in full
A community or youth rehabilitation order
The end of the period of 12months beginning with the day provided for by or under the order as
the last day on
which the order is
to have effect
The end of the period of 6 months beginning with the day provided for by or under the order as the last
day on which the
order is to have
effect
A relevant order
The day provided for by or under the order as the last day on which the order is to have effect
The day provided for by or under the order as the last day on which the order is to have effect
Imprisonment for over 48 months are never spent.
How much compensation can I get?
This depends on the type and seriousness of your injury. The level of compensation awarded can range from £1,000 to £250,000.
You may be entitled to make a claim where you did not get one single injury that is serious enough for a £1,000 minimum award, but you did have several less serious injuries like cuts, severe bruising, a black eye or hair pulled from the scalp.
At Bains & Co Solicitors what we do is provide legal advice and assistance to victims of crime. We are Criminal Injury Compensation Specialist. We shall guide you through the claims process and ensure that you are compensated for your injuries.
To make a FREE NO OBLIGATION ENQUIRY or to find out if you are entitled to make a claim for compensation contact us FREE on 0800 077 6303 or Email us at rb@bainspiclaims.co.uk or alternatively simply click the blue button below and complete the form online, we will be in touch with you soon. The enquiry service is Free so you have nothing to worry about.
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