Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-sxzjt Total loading time: 0 Render date: 2024-04-19T10:48:05.740Z Has data issue: false hasContentIssue false

12 - Compensation for criminal injuries

Published online by Cambridge University Press:  05 June 2012

Peter Cane
Affiliation:
Australian National University, Canberra
Get access

Summary

Tort claims

Victims of criminal offences causing personal injury can claim in tort against the criminal, but in the great majority of cases the criminal would not be worth suing. In its Third Report, the Criminal Injuries Compensation Board (CICB) (now the Criminal Injuries Compensation Authority (CICA)) reported that it had found the number of cases in which offenders would be worth suing to be seventeen, i.e. 0.7% of the cases which had by then come before the Board. By the time of the Seventh Report the number had dropped to 6 out of nearly 6,000 cases, i.e. about 0.1%. Just occasionally, tort liability may be established against someone other than the offender personally. For instance, the offender's employer may be vicariously liable in cases of fraud. In cases of personal injury, such liability will not often be established because criminal assaults and similarly violent conduct will not often be regarded as within the course of the offender's employment (so as to render the employer vicariously liable), but it may be in some cases.Personal tort liability may occasionally be imposed on the victim's employer, for example, where it is alleged that the employer had exposed the victim to unnecessary risk of criminal attack, for example, by sending a young woman to the bank to collect wages for a company's employees. As a general rule, the police cannot be sued by victims for allegedly negligent failure to apprehend criminals or to prevent crime.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Compensation for criminal injuries
  • Peter Cane, Australian National University, Canberra
  • Book: Atiyah's Accidents, Compensation and the Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139168588.013
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Compensation for criminal injuries
  • Peter Cane, Australian National University, Canberra
  • Book: Atiyah's Accidents, Compensation and the Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139168588.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Compensation for criminal injuries
  • Peter Cane, Australian National University, Canberra
  • Book: Atiyah's Accidents, Compensation and the Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139168588.013
Available formats
×