2. Suggested starting points for physical and mental injuries

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

The table below suggests starting points for compensating physical and mental injuries commonly encountered in a magistrates’ court. They have been developed to be consistent with the approach in the Criminal Injuries Compensation Authority (CICA) tariff (amended 2012). The CICA tariff makes no award for minor injuries which result in short term disability; the suggested starting points for these injuries are adapted from an earlier tariff.

Physical injury

Type of injury Description Suggested starting point
Graze Depending on size £75
Bruise Depending on size £100
Cut: no permanent scar Depending on size and whether stitched £100-£300
Black eye   £125
Eye Blurred or double vision lasting up to 6 weeks £500
Blurred or double vision lasting 6 to 13  weeks £1000
Blurred or double vision lasting for more than 13 weeks (recovery expected) £1,500
Brain Concussion lasting one week £1,500
Nose Undisplaced fracture of nasal bone £1,000
Displaced fracture requiring manipulation £2,000
Deviated nasal septum requiring septoplasty £2,000
Loss of non-front tooth Depending on cosmetic effect £750 per tooth
Loss of front tooth Depending on cosmetic effect £1,500 per tooth
Facial scar Minor disfigurement (permanent) £1,000
Arm Fractured humerus, radius, ulna (substantial recovery) £1,500
Shoulder Dislocated (substantial recovery) £900
Wrist Dislocated/fractured – including scaphoid fracture (substantial recovery) £2,400
Fractured – colles type (substantial recovery) £2,400
Sprained wrist, ankle Disabling for up to 6 weeks £500
Disabling for 6 to 13 weeks £800
Disabling for more than 13 weeks £1,000
Finger Fractured finger other than index finger (substantial recovery) £300
Fractured index finger (substantial recovery) £1,200
Fractured thumb (substantial recovery) £1,750
Leg Fractured fibula (substantial recovery) £1,000
Fractured femur, tibia (substantial recovery) £1,800
Abdomen Injury requiring laparotomy £1,800

Mental injury

Description Suggested starting point
Temporary mental anxiety (including terror, shock, distress) not medically verified £500
Disabling mental anxiety, lasting more than 6 weeks, medically verified* £1,000
Disabling mental illness, lasting up to 28 weeks, confirmed by psychiatric diagnosis* £1,500

* mental injury is disabling if it has a substantial adverse effect on a person’s ability to carry out normal day-to-day activities for the time specified (e.g. impaired work or school performance or effects on social relationships or sexual dysfunction).

Physical and sexual injury

The following table, which is also based on the Criminal Injuries Compensation Authority tariff, sets out suggested starting points for compensating physical and sexual abuse. It will be rare for cases involving this type of harm to be dealt with in a magistrates’ court and it will be important to consult your legal adviser for guidance in these situations.

Type of injury Description Suggested starting point
Physical abuse of adult Intermittent physical assaults resulting in accumulation of healed wounds, burns or scalds, but with no appreciable disfigurement £2,000
Physical abuse of child Isolated or intermittent assault(s) resulting in weals, hair pulled from scalp etc £1,000
Intermittent physical assaults resulting in accumulation of healed wounds, burns or scalds, but with no appreciable disfigurement £1,000
Sexual abuse of adult Non-penetrative sexual acts over clothing £1,000
Non-penetrative sexual act(s) under clothing £2,000
Sexual abuse of child (under 18) Non-penetrative indecent physical act(s) over clothing £1,000
Non-penetrative frequent assaults over clothing or non-penetrative indecent act under clothing £1,500 or £2,000
Repetitive indecent acts under clothing £3,300