Instruction 2: Remote appeal hearings

Appeal Hearings under paragraph 24 and 25 of the Criminal Injuries Compensation Scheme ('the Scheme')

Instruction number 2 under paragraph 19 of the Scheme(1)

Topic: Procedure for hearing appeals

Effective from 1 July 2021 until withdrawn or amended

Appeal hearings will generally be held remotely.

A remote appeal hearing is one where the participants do not all meet physically at the same location. Instead, the hearing is held by teleconference (telephone) or online (usually by web-based video conferencing).

Arrangements for the holding of remote appeal hearings will be made by the Tribunal Secretariat. The Secretariat will liaise with the applicant(2) in arranging the appeal hearing. The remote appeal hearing will not be recorded.

A remote hearing shall not take place, where the applicant indicates they do not want the hearing to proceed remotely and provides reasons in writing why this is so and where the Tribunal, having considered the reasons given, decides that a remote appeal hearing is not appropriate in the specific circumstances.

Where the Tribunal decides to proceed with an in-person appeal hearing where everyone is physically present, the Tribunal Secretariat will liaise with the applicant on the arrangements.

Where an applicant indicates that they would prefer not to have an appeal hearing meeting and for the appeal decision on their application to be decided on instead by the 3 Tribunal Members on the basis of a written submission from the applicant and file review by the Tribunal, the Tribunal will agree to that request.

This Instruction will be kept under review and will be reviewed by the Tribunal no later than 31 December 2021.

Conor Heaney, Chair

Date: 1 July 2021

(1) Paragraph 19 of the Scheme provides that the Tribunal can draw up and publish any instructions it considers necessary regarding the procedure for administering the Scheme.

(2) Where the applicant is represented and has authorised their representative to liaise with the Tribunal, the Tribunal will liaise with the applicant's representative, in accordance with the Tribunal's standard operating procedure.