Criminal Justice Act 1988

112 Powers to withhold and reduce compen-sation

(1) It is for the claimant to satisfy the Board, on a balance of probabilities—

(a) that he took all reasonable steps within a reasonable time to inform the police, or such other authority as the Board consider appropriate, of the circumstances of the injury to which the claim relates and that he has co-operated fully with the police, or with such other authority as the Board consider appropriate, in bringing to justice any person responsible for causing the injury;

(b) that he has given the Board, or such other authority as the Board consider appropriate, all the assistance in connection with the claim which it is reasonable for him to give; and

(c) that there is no possibility that a person responsible for causing the injury will benefit from an award,

and if a claimant fails so to satisfy the Board, they may, if they think fit, refuse an award or award less than they would otherwise have awarded.

(2) The Board may also, if they think fit, refuse an award or award less than they would otherwise have awarded because of any of the following—

(a) criminal convictions or unlawful conduct of the claimant;

(b) conduct on his part connected with the injury.

(3) The references to convictions and conduct in subsection (2) above are references to convictions and conduct at any time, including a time after the injury.

(4) Where the person who sustained the injury is dead, the references to the claimant in subsections (1)(a) and (b) and (2) above shall include references to the person who sustained that injury.

(5) Where an injury which is a criminal injury by virtue of section 109(1)(a) above is sustained by a person who, when he sustained it—

(a) was under the age of 18 years; and

(b) was living in the same household as the person or, if more than one, any of the persons, responsible for causing it,

the Board shall consider whether, in all the circumstances, it is in the interest of the person who sustained the injury to make an award of compensation to him and shall not make an award unless they are satisfied that it is in his interest.