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 |