Part VIICompensation by Court and Criminal Injuries Compensation Board

The Criminal Injuries Compensation Scheme

109Criminal injuries

1

In this Part of this Act “criminal injury” means any personal injury caused by—

a

conduct constituting—

i

an offence which is specified in subsection (3) below; or

ii

an offence which is not so specified but which requires proof of intent to cause death or personal injury or recklessness as to whether death or personal injury is caused; or

b

any of the following activities—

i

the apprehension or attempted apprehension of an offender or suspected offender;

ii

the prevention or attempted prevention of the commission of an offence; or

iii

assisting a constable engaged in any of the activities mentioned in sub-paragraph (i) or (ii) above;

and “personal injury” includes any disease, any harm to a person’s physical or mental condition and pregnancy.

2

Harm to a person’s mental condition is only a criminal injury if it is attributable—

a

to his having been put in fear of immediate physical injury to himself or another; or

b

to his being present when another sustained a criminal injury other than harm to his mental condition.

3

The offences mentioned in subsection (1)(a)(i) above are—

a

rape;

b

assault;

c

an offence which falls to be charged as arson;

d

wilful fireraising;

e

any offence under section 2 (causing explosion likely to endanger life or property) or 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property) of the [1883 c. 3.] Explosive Substances Act 1883;

f

an offence under section 16 (possession of firearm with intent to injure), 17 (use of firearm to resist arrest), 18 (carrying firearm with criminal intent), 19 (carrying firearm in a public place) or 20 (trespassing with firearm) of the [1968 c. 27.] Firearms Act 1968;

g

an offence under section 1 (riot), 2 (violent disorder) or 3 (affray) of the [1986 c. 64.] Public Order Act 1986;

h

mobbing;

j

kidnapping;

k

false imprisonment;

l

abduction;

m

trespass on a railway; and

n

any attempt to commit an offence mentioned in this subsection.

4

For the purposes of this Part of this Act, a person’s conduct shall be treated as constituting an offence notwithstanding that he may not be convicted of the offence by reason of age, insanity or diplomatic immunity.