Publication
53339 (29 August 2019)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal - General Scheme
Single Member Determination
made on the 29th day of August 2019
File No. 53339
Application of: [ ] (the Applicant)
Date of incident: [ ]
Application date: [ ]
The Applicant suffered injuries from a violent assault at [ ] on [ ] [ ]. The Offenders were prosecuted and convicted for the offences. The Applicant did not apply to the Tribunal until [ ], although the application is signed and dated [ ].
Article 21 of the Scheme requires that applications be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injuries.
This application is late, having been made more than 7 months after the assault. Even if it had been notified to the Tribunal on [ ] this application would have been more than 3 months outside the time specified in the Scheme for making application.
The Tribunal is requested to determine the circumstances of the late application as justifying its exceptional treatment. The circumstances outlined by the Applicant are that he was not aware of the existence of the Tribunal or the Scheme.
The Tribunal notes that the Applicant was able to give a detailed statement to An Garda immediately after the assault.
The Tribunal is not satisfied in all the circumstances that the application warrants exceptional treatment and the Application is therefore not admitted.
In circumstances where the Application is not admitted, it is not necessary for the Tribunal to consider or make any determination or assessment as to what special damages, if any, the Applicant suffered as a result of his injuries. The Scheme makes no provision for general damages in the circumstances of this application, even if it had been admitted.
Signed: [ ]