Publication
51597 (26 August 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ]
Date of application: [ ]
Case reference: 51597
Decision: Pursuant to Paragraph 1 of the Scheme, no award of compensation will be made.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant’s mother and submitted to the Tribunal by the applicant’s legal representative under cover of letter [ ].
3. In the application the applicant stated that, on [ ], he was assaulted by a man with [ ] as a result of which the applicant received a serious head injury.
4. The applicant’s legal representative submitted a copy of a Patient Discharge Letter of [ ] Hospital which states that the applicant suffered a depressed occipital skull fracture and was discharged from hospital on [ ].
5. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative, acknowledging receipt of his application and seeking copies of his medical expenses and other vouching documentation relating to out-of-pocket expenses.
6. The Tribunal drew the applicant’s legal representative’s attention to Article 21 of the Scheme which requires applications to be submitted to the Tribunal within three months of the date of the incident which gave rise to the injuries, and noting that the applicant had referenced the reason for his delay in the application form.
7. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
8. No response to this letter, or the letter of [ ], is on file.
9. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form dated [ ] enclosing:
i. [ ] Hospital patient discharge sheet
b. Acknowledgement letter from Secretariat of the Tribunal to the applicant dated [ ];
c. Letter from Secretariat of the Tribunal dated [ ] to the applicant’s legal representative asking the applicant to submit outstanding information, including original vouching documentation relating to out-of-pocket expenses and in absence of same, his file would be sent to a Member of the Tribunal for determination.
10. Article 1 of the Scheme provides: “The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme may pay ex gratia compensation in accordance with this Scheme in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime or the saving of human life.”
11. There is no information before the Tribunal to determine the circumstances in which the applicant was injured. Despite the passage of time since the applicant’s injury, the applicant and his legal representative have not provided any evidence before the Tribunal to demonstrate that the injury was sustained in a manner which falls within the scope of the Scheme.
12. Furthermore, the applicant and his legal representative have not submitted any receipts or other documents to substantiate a claim for compensation for any expenses which were incurred by the applicant as a result of his injuries, upon which an award of compensation may be made.
13. Therefore, pursuant to Paragraph 1, the application must be refused.
Peter Stafford
Member, Criminal Injuries Compensation Tribunal
26 August 2022