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.