1 Avoid professional negligence - advise your client on their potential Criminal Injuries Compensation claim Helen Boreham
2 Why do I need to know about Criminal Injuries compensation? You have a professional obligation to clients to refer them for legal advice if the facts of their case raises a potential criminal injuries compensation claim COVA imposes a duty on public officials to assist victims of crime to access justice (s.4 COVA) S.4(8) says disciplinary action can be taken S.18 says a victim should have access to information about how to obtain compensation I m going to ask you questions at the end of this talk!
3 This CLE will cover Fact scenarios which may or may not give rise to crim comp claims An overview of what crim comp is Where do you go to for help if your client might have a crim comp claim Answers to the fact scenarios Question time
4 Can this client get crim comp? Crime client calls from the watch house to tell you he was assaulted by a fellow prisoner last night and received a broken jaw.
5 Can this client get crim comp? The Department of Child Safety notifies you that the mother of a child in care has just been convicted in the District Court of failing to provide the necessities of life
6 Can this client get crim comp? A woman at the reception counter asks for aid to get a domestic violence protection order in the Magistrates Court
7 Can this client get crim comp? Your client was bashed at 3.00 am while walking home through a park. He reported to police, but cannot identify the offenders. Police have no suspects.
8 Can this client get crim comp? Client calls the callcentre to say she was attacked by a dog. The council has deemed it dangerous and is prosecuting the owner.
9 Can this client get crim comp? A Veterans Affairs client calls to say his surgeon amputated the wrong foot
10 Can this client get crim comp? children witness their parents being murdered, but are unharmed themselves.
11 Can this client get crim comp? A cricketer sends lewd text messages to a nurse
12 Can this client get crim comp? A woman was wounded by a man using a knife. He has been found to have been of unsound mind by the MHC.
13 Can this client get crim comp? An inmate on remand at AGCC is murdered, leaving behind two children and a defacto
14 Can this client get crim comp? A house in Dalby is firebombed at 11.30pm while the family is asleep inside
15 Can this client get crim comp? A man flashes at a five year old girl. He is convicted of indecent exposure
16 Can this client get crim comp? The caller s car was stolen from her carport while she was out
17 Can this client get crim comp? The client was carjacked whilst leaving Toombul shopping centre. She is dumped at a set of traffic lights 5 minutes later unhurt.
18 Can this client get crim comp? An elderly woman is injured in a car accident. The other driver is convicted of dangerous operation of motor vehicle.
19 Can this client get crim comp? A bank teller is held up at gun point. The armed robber waves the gun around. Can the teller or customers claim?
20 What is criminal injuries compensation? A legislative scheme introduced in Queensland on 1 January, 1969 Compensates for injury, death or expenses arising from indictable offences (s. 19 Criminal Offence Victims Act 1995)
21 Scheme of last resort If the victim has other options to be compensated, they must try those first Most criminal injuries compensation claims are paid from public purse Dept JAG will refuse payment if victim should have applied first for WorkCover or a personal injuries claim (includes a claim under CTP insurance)
22 LEGISLATION Criminal Offence Victims Act 1995 Until 18 December 1995 the Criminal Code of Qld governed criminal injuries compensation Even though repealed, those provisions still apply if the offences occurred during that period If the offences occurred after that date, COVA applies
23 Definitions S.20 COVA injury A bodily injury, mental or nervous shock, pregnancy or injuries specified in the table in Schedule 1 or regulations s. 21 personal offence an indictable offence committed against the person of someone
24 What sort of offences? Criminal Offence Victims Act 1995 s.21 must be a personal offence Eg: rape, assault, stalking, deprivation of liberty, robbery Must be an offence which could be dealt with on indictment ie: in District or Supreme Court or CCQ
25 What else does COVA do? As well as compensation for the actual victim of crime, COVA also provides compensation for:- Financial dependents of homicide victims Funeral and counselling expenses Those injured helping police make an arrest
26 What offences are NOT relevant? Break and enter Arson uumv
27 What do I do if I suspect my client has a potential criminal injuries compensation claim? Refer client for legal advice from FACT or Civil Justice (Criminal Injuries Compensation) unit also known as VOCCU.
28 Civil Justice (Criminal Injuries Compensation Unit) The Brisbane office has a specialist unit which represents victims of crime in Criminal Injuries Compensation claims. Applicants do not have to live in Brisbane to be represented by this unit. Twice weekly telephone legal advice given. Book in by calling An application kit can be posted to client
29 Getting legal advice Basic Rule: if the offence has only just been committed, it is too soon to apply for legal aid; It is not too soon to get legal advice on options. The sooner the better.
30 Other legal compensation options? By getting legal advice soon after the offence occurs, the most appropriate legal option for compensation can be identified. eg: If the offender was a priest, or is very wealthy, a common law action might be the best option. If the offence occurred at work, WorkCover may better.
31 Time limits for crim comp Child victims have until the day before they turn 21 Adults:- If offender has been convicted, time limit is 3 years from date of sentence If no offender convicted, time limit is 3 years from date of injury
32 Other time limits Workcover 6 months from date of injury Personal injuries 9 months from injury to serve notice on respondent 3 years to file claim in court
33 What if I didn t realise my client had a compensation claim? Advise Robyn Wilkinson who will decide if the LAQ insurer should be notified
34 when to apply for Criminal Injuries Compensation depends on the facts of each case For example:- After the offender has been sentenced in the District or Supreme Court or CCQ; After the Mental Health Court has found the offender cannot face trial; After police advise they cannot identify or locate the offender.
35 What is the process? Offender was convicted:- Application is made to the sentencing judge Can be contested by the respondent Uniform Civil Procedure Rules apply Offender ordered to pay If impecunious, application is made to JAG to pay an ex gratia payment
36 What is the process? No offender was convicted:- Victim must have reported to police without delay If sexual assault, victim must show they reported assault to police, doctor or appropriate agency eg: rape crisis centre Victim can apply straight to Dept JAG for an ex gratia payment
37 How much? COVA maximum is $75,000 Schedule 1 sets out table of injuries Percentages are listed against certain injuries Eg: bruising/laceration (minor) = 1-3% of $75,000 = $750 - $2,250 Eg: fractured skull (brain damage - severe) = % = $18,750 - $75,000
38 Mental or nervous shock Minor, moderate and severe Psychiatric report 2%-34% or $1,500 $25,500 If sexual assault case, may be able to argue adverse impact to increase quantum (COVA Regulation 1A) Eg: adverse impact on lawful sexual relations
39 How to apply for legal aid 3 options: 1. By mail (application kit comes with self-addressed envelope) 2. Face to face at any LAQ office (interpreter available with notice) 3. with a private solicitor who does LAQ work
40 Getting Legal Aid For Criminal Injuries Compensation? There is no means test but this may be introduced There is a merit test for receiving aid for Criminal Injuries Compensation. However, If the intake solicitor thinks that the client has reasonable prospects of getting Criminal Injuries Compensation, legal aid will be granted.
41 Is Legal Aid for Criminal Injuries Compensation free? If our client receives Criminal Injuries Compensation, they will have to pay a retrospective contribution ie: our costs are taken out of the final compensation payment If our client does not receive Criminal Injuries Compensation, there is no repayment for professional fees or outlays
42 How much is the retrospective contribution? If the client receives less than $20,000 Client pays no more than 20% of payment plus GST If the client receives more than $20,000 Client pays no more than $4,000 plus GST
43 Who prepares the case? If the file is kept by the Civil Justice (Criminal Injuries Compensation) Unit: a solicitor and a Litigation Support Officer will prepare the client s case Some Regional LAQ offices and some private firms doing legal aid work also do Criminal Injuries Compensation work.
44 DEBATE CAN THE CLIENTS IN THE FACT SCENARIOS CLAIM CRIMINAL INJURIES COMPENSATION?
RETURN FORMS TO: Your Legal Representatives Or Criminal Injury Compensation Unit Department of Justice & Attorney-General GPO Box 149 BRISBANE QLD 4001 APPLICATION FOR COMPENSATION 1 (Where there is no
Victims of violent crime What can I do if I am the victim of violent crime? Report the crime to the Police. If it is an emergency, call 000. Otherwise, you can either go to the nearest police station or
10 Victims and the law 57 10: Victims and the law This section gives a summary of the law in relation to victims of crime. Introduction The court may call a victim as a witness in a criminal case. However,
Details about Victim Support Your local Victim Support Scheme is: Victims of Crime the help and advice that s available You can also contact the Victim Supportline on: 0845 30 30 900 Or, if you prefer,
YOUTH LEGAL CENTRE Victims compensation 1 Introduction The New South Wales victims compensation scheme allows victims of violent crime to receive: counselling financial compensation injuries suffered payment
Victims of Crime Compensation Information about compensation entitlements for those affected by homicide. Victim Support Service is not qualified to offer legal advice or interpret legislation. This brochure
Victims of Crime Compensation VICTIM SUPPORT SERVICE INC ORPORATED Victim Support Service... providing services statewide. Victim Support Service (VSS) is not qualified to offer legal advice. This brochure
CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015 Published by the STATES GREFFE for the HOME AFFAIRS DEPARTMENT Page - 2 CRIMINAL INJURIES COMPENSATION
Victims of Crime Act PURPOSE Recognizing the state's concern for victims of crime, it is the purpose of the Victims of Crime Act [31-26-1 NMSA 1978] to assure that: A. the full impact of a crime is brought
Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding
Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................
Victim Witness Assistance Program of Santa Clara County Kasey Halcón Director Case Study Law enforcement responds to a domestic disturbance. The officer enters the home and a woman is crying on the couch,
Convictions Policy Private Hire & Hackney Carriage Driver Licences 04.06.2013 1. Background 1.1 It is a function of the Council to issue Hackney Carriage and Private Hire licences under the Local Government
OFFICE OF CRIMINAL INJURIES COMPENSATION DEPARTMENT OF THE ATTORNEY GENERAL WESTERN AUSTRALIA Chief Assessor's Report 2011/2012 CRIMINAL INJURIES COMPENSATION The Honourable Michael Mischin, MLC Attorney
Isle of Man Criminal Injuries Compensation Scheme 1983 (Incorporating amendments up to 1 st November 1996) (Approved by Resolution of Tynwald 16 th November 1983) (As amended by Resolution of Tynwald 16
A Summary of Virginia s Crime Victim and Witness Rights Act Your Rights and Responsibilities Department of Criminal Justice Services Victims Services Section December 2008 www.dcjs.virginia.gov Table of
Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is
Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that
Compensation for Victims of Crime Program Application for Witness The Compensation for Victims of Crime Program is part of Manitoba Justice, Victim Services Branch and gives compensation to eligible witnesses
Compensation for Crime Victims Compensation for Crime Victims Every state in the country operates a program to help pay for some of the expenses resulting from crimes involving violence or abuse. Victims
JUVENILES AND THE LAW When Are You a Juvenile and When Are You an Adult? The answer to this question is complicated because, under Missouri law, when you are considered an adult and when you are considered
A GUIDE TO CRIMINAL INJURIES COMPENSATION Being a victim of crime such as physical or sexual assault can have significant and long-term consequences for a woman s health and wellbeing. If you have experienced
Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support
Chapter 6B STATE ELIGIBILITY GUIDELINES Last Amended: 1 July 2006 Manual of Legal Aid TABLE OF CONTENTS CHAPTER 6B - STATE ELIGIBILITY GUIDELINES GENERAL...3 PROVISION OF LEGAL ASSISTANCE...3 GENERAL GUIDELINES
Section 4 Reporting the crime to the police Why report the crime to the police? It is your choice whether you report the crime to the police. Some people choose not to report or may not report straight
HOW TO COMPLETE YOUR CRIMINAL INJURIES COMPENSATION APPLICATION FORM PLEASE COMPLETE THE FORM USING DARK INK, AND ENSURE YOU KEEP A COPY OF YOUR APPLICATION FORM AND ALL YOUR DOCUMENTS. PART A: APPLICANT
Juvenile Offenders Crime Victims Rights Law Enforcement Responsibilities Crime Victims Rights when involving a Juvenile Offender are the same as if the offender were an adult in cases of -- felony grade
Chapter 9 Motor vehicle offences Chapter 9 Motor vehicle offences A. Overview... (9-1) B. Vehicle offences involving liquor or other drugs... (9-2 9-4) C. Unlicensed, disqualified and suspended driving...
Criminal convictions This document offers further guidance on criminal convictions. Note that it is just a guide. Eligibility will depend on the nature and circumstances of the offence. It is not possible
California Victim Compensation Program Information for First-Responders 2009 California Victim Compensation Program (VCP) Created in 1965 to lessen the financial impact of crime on qualifying victims Paid
This leaflet sets out what you can expect from key service providers as a victim of crime. It also contains information about organisations that you can contact for free advice, practical information or
STATES OF JERSEY CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME Lodged au Greffe on 5th February 2015 by the Minister for Home Affairs STATES GREFFE 2015 Price code: B P.13 PROPOSITION THE STATES
1. Who is eligible for State compensation? As a main rule, the conditions for being eligible for compensation are: (1) that you have suffered harm as a consequence of a violation of the Criminal Code or
HELP AVAILABLE TO VICTIMS OF CRIME IN PENNSYLVANIA Police Department Telephone Number Police Incident Number Contact Person Agency This form was created by the Office of Victims Services in the Pennsylvania
Tarrant County College Police Department VICTIM ASSISTANCE An Assistance Program for Victims and Family Survivors of Violent Crimes Tarrant County College The Tarrant County College District Police Department
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
THE CRIMINAL INJURIES COMPENSATION BOARD BRIOUX LAW OFFICE 739A Arlington Park Place Kingston, Ontario K7M 8M8 Paul A. BriOUI Tel.: 613.634.0789 Fax: 613.634.0821 Kingston and the 1000 Islands Legal Conference
What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power
This booklet was published with the generous support of Warren Collins Birmingham, Bristol, Cardiff, Newcastle, Lancaster, Leeds, London, Manchester, Sheffield and Wimbledon. www.simpsonmillar.co.uk Telephone:
Legislative Brief The Code of Criminal Procedure (Amendment) Bill, 2006 The Bill was introduced in the Rajya Sabha on August 23, 2006. The Bill has been referred to the Parliamentary Standing Committee
Legislating for Violence against Children With a focus on the juvenile justice system Juvenile Justice is multi sectoral One of the challenges to juvenile justice is that it is multi-sectoral This means
Victim Services Funeral Grants & Benefits Funeral Gr s Funeral Grants and Benefits Life Insurance Life insurance companies ensure that policy benefits are paid at the time of death. Either a life insurance
Summary Sheet Mid-level Case Management - Criminal Mid Case Management Eligibility Criteria Criminal law matters may be streamed to case management under three particular circumstances:: The case contains
FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS If you are experiencing, or have experienced, domestic violence and/or sexual violence there are a number of ways the law can protect you. This includes
Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)
Victims of crime: Understanding the support you can expect If you have been a victim of crime, you are entitled to certain information and support from criminal justice organisations such as the police
Chapter 6A PRIORITY MATTER GUIDELINES FOR LEGAL ASSISTANCE IN STATE MATTERS Last Amended: 1 July 2006 (Version 3) Manual of Legal Aid TABLE OF CONTENTS CHAPTER 6A - PRIORITY MATTER GUIDELINES FOR LEGAL
1 Introduction LUTON BOROUGH COUNCIL Taxi and Private Hire Licensing Convictions and Fitness Policy 1.1. The purpose of this Policy is to provide guidance on the criteria used by the Council when determining
Sealing Your Juvenile Records What are my Juvenile Records? The documents and Court Orders in your juvenile court file which relate to your case. Some juvenile records might also be kept by the Probation
WEST VIRGINIA STATE POLICE LEGAL SERVICES 2011 Legislative Update Laws Passed that Affect Law Enforcement The following information represents both synopsis and full-text of laws passed during the 2011
WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth Criminal Injuries Compensation By Helen Porter, Office of Criminal Injuries Compensation. INTRODUCTION In this
Office of Fair and Safe Work Queensland A death in the workplace A guide for family and friends A death in the workplace a guide for families and friends Page 1 of 13 The State of Queensland Department
SENTENCING BENCHMARKS Breaking and Entering Dwelling without Consent of Owner/Tenant [G.L. 1956 11-8-2 - Statute indicates 2 to 10 years for first conviction] 1) Close relationship to victim or up to 1
Hackney Carriage and Private Hire Drivers APPENDIX 5 Guidelines to Convictions, Police Cautions and Motoring Offences Purpose of this Guidance - New Licences Licences may only be granted where the Council
Model Spent Convictions Bill - Consultation paper Background The Standing Committee of Attorneys-General is working on a project to design a national model Bill for a spent-convictions scheme. A spentconvictions
Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers
You ve reported a crime so what happens next? This booklet tells you what you can expect from the Criminal Justice System, and explains: what happens now how to get advice and support your rights where
"THE LAW OR JUSTICE" SYNOPSIS OF U3A COURSE AN OVERVIEW/OUTLINE 1. Introduction and Explanation: Opening and Welcome to U3A course Course like a Trial process with many case examples and notable trials
Drink driving What is the legal limit? 80mg of alcohol in 100mg of blood 107mg of alcohol in 100mg of urine 35mg of alcohol in 100ml of breath When can the police ask for a breath test? An officer in uniform
9 TH Judicial District CRIME VICTIM COMPENSATION FUND 109 Eighth Street, Suite 308 Glenwood Springs, Colorado 81601 (970) 945-8635 The 9 th Judicial District Crime Victim Compensation Board can provide
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CRIME VICTIMS COMPENSATION PROGRAM 515 Fifth Street, N.W., Suite 109 Washington, D.C. 20001 APPLICATION FOR CRIME VICTIMS COMPENSATION DATE RECEIVED: CLAIM NUMBER:
Going to Court as a Witness - July 2010 Going to Court as a Witness 1 Introduction Going to court can be stressful for many victims and witnesses. If you need to give evidence in a criminal trial, we hope
WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? This factsheet relates to those who are 18 or over. If you are 17 or under, please see our separate factsheet for the Youth Court. Where will
PUBLIC DOCUMENT Association of Chief Police Officers of England, Wales and Northern Ireland Police Officers who Commit Domestic Violence-Related Criminal Offences 1 This is an ACPO policy relating to police
Memo from District Attorney Andrew Murray on Impacts Related to Reductions or Elimination of City funded services to the District Attorney s Office and Court System At the May 13, 2015 Budget Adjustments
Information for witnesses going to court Useful telephone numbers Witness Service...440496 Victim Support...440496 Women s Refuge...08007 356836 (freephone) Citizen s Advice Bureau...08007 350249 (freephone)
THE QUEENSLAND DRUG COURT PRESENTED BY ANNE THACKER MAGISTRATE QUEENSLAND Drug Rehabilitation (Court Diversion) Act 2000 Section 4(1) objects are to (a) reduce the level of drug dependency in the community;
A Guide to applying for and enforcing Compensation for Victims of Crime in the County Court. Introduction This brochure explains how and when a victim of an offence can make a claim for compensation through
Tennessee Criminal Injuries Compensation Fund Victim Assistance Academy June 2010 Class Information Victims Compensation Sexual Assault Forensic Exam Payments 50-minute session Activity and/or Q&A Victims
KNOW YOUR RIGHTS STOP, SEARCH AND ARREST Contents What is Stop and Search? 2 Why me? 2 Where can I be searched? 2 Can my car be stopped or searched? 3 What do I have to do? 3 Before the search 3 During
2014 ANNUAL REPORT DISTRICT ATTORNEY WASHINGTON COUNTY 2014 Annual Report presented in April 2015 FUNCTIONS AND RESPONSIBILITIES The primary function of the Office of the District Attorney is to prosecute
Rhode Island Statutes Title 12. Criminal Procedure Chapter 12-25. Criminal Injuries Compensation Current through Public Law 320 of 2013 Legislative Session 12-25-1. Repealed 12-25-1.1. Transition to the
30 N LaSalle Street Suite 1524 Chicago, IL 60602 Telephone: (312) 262 6700 Facsimile: (312) 262 6710 Attorneys at Law THE FIRM With over 40 years of combined litigation experience, Adria Mossing and Jim
This information is general and not a substitute for legal advice. The Legal Services Commission provides free advice for most legal problems. Contact the Legal Helpline 1300 366 424 (TTY 8463 3691) www.lsc.sa.gov.au
Have you been a victim of violence? The Violent Offences Compensation Fund can help What does the Violent Offences Compensation Fund do? The Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven)
Dear On or about, you, your minor child, relative, insured was/ were the victim of a criminal offense. The above named defendant has been convicted in connection with this offense. According to Section
INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY Garden City, Idaho 6015 Glenwood St., Garden City, ID 83714 (208) 472-2900 www.gardencityidaho.org A MESSAGE Garden City
REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM Date: 27 th October 2009 Officer Reporting: Brian Martin, Community Safety Manager Contact Officer(s):
IMMIGRATION CONSEQUENCES OF SELECTED FLORIDA OFFENSES: A QUICK REFERENCE CHART 1 Disclaimer: Immigration consequences of crimes are a complex, unpredictable, and constantly changing area of law in which