Criminal Justice Act 1988

109 Criminal 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.