Work of the Criminal Injuries Compensation Tribunal (CICT)
The Tribunal exists to determine appeals relating to victims of crime and of overseas terrorism, principally relating to their eligibility for compensation and the amount of compensation under the Criminal Injury Compensation Schemes and the Victims of Overseas Terrorism Compensation Scheme.
The CICT considers matters such as whether a crime of violence has taken place, the type and level of injury to be compensated, loss of earnings, special expenses and whether awards should be withheld or reduced as a result of the Appellant’s conduct of any criminal convictions that they may have. Decisions of the CICT can be challenged by application to the Upper Tribunal or Court of Session in Scotland by way Judicial Review.
There have been four iterations of the Criminal Injuries Compensation Scheme, in 1996, 2001, 2008 and 2012 (the last was amended in 2020). All new applications in respect of Criminal Injuries are made under the amended 2012 Scheme. Each of the four Schemes provides a right of appeal in respect of a “review decision” by the Criminal Injuries Compensation Authority (CICA). Similar arrangements exist in relation to the Overseas Terrorism Scheme. The CICT also consider matters arising under the transitional arrangements in respect of the Schemes operated by the former Criminal Injuries Compensation Board (CICB).
The Respondent in each case under the new Schemes to the Overseas Terrorism Scheme is the Criminal Injuries Compensation Authority (CICA) (external link).
All hearings are held in public in accordance with Rule 30 of the Tribunal Procedure (First-Tier Tribunal) (Social Entitlement Chamber) Rules 2008.
The CICT forms part of the Social Entitlement Chamber. It is led by a Principal Judge (presently Principal Judge Ita Farrelly) who reports to the Chamber President, Judge Elizabeth McMahon.
In addition to the salaried Principal Judge, there are 18 salaried tribunal judges from other jurisdictions who are ticketed to sit in CICT, 14 fee-paid Judges, 31 Medical Members and 16 Lay Members (of which two are financially qualified). The administrative base is in Glasgow with 17 dedicated staff. The Tribunal sits nationally by way of remote hearings and by way of face to face hearings at HM Courts & Tribunals Service hearing centres. Decisions can be made by a single judge sitting alone without a hearing or at oral hearings with a maximum of three Tribunal members.