Whilst in the past it was quite likely that those with an unspent conviction or convictions would still be able to make a claim, with compensation awarded at a reduced rate, today that is mostly not the case. Under current legislation, the CICA is unlikely to award any form of damages to a claimant who still has a conviction which is unspent. This is the case if the conviction resulted in a custodial sentence or orders for probation, community, or youth rehabilitation. In most cases, a conviction will have an attached period of rehabilitation, meaning that they stay unspent during this time. For instance, community orders may have a one year period for rehabilitation after. This will delay you from being able to make a claim.

To find out if you are able to make a criminal injury claim with your criminal record, please consult our team for advice specific to you.