Publication
24058 (10 December 2021)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
Name of applicant: [ ]
Application number: 24058
Date of incident: [ ]
Date received: [ ]
Decision: No award
The applicant in his application form describes receiving a broken jaw after being hit and knocked down. The matter was not reported to the Garda Siochana. The applicant stated in his form that he was treated at [ ] and [ ].
The applicant in his application form stated that the matter was not reported to the Gardai and that no criminal proceedings have taken place.
Paragraph 23 of the Scheme provides that "to qualify for compensation it will be necessary to indicate to the tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the Gardai without delay.
However, the tribunal will have discretion to dispense with this requirement .. .in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Siochana of the offence and to cooperate with them."
The tribunal has had no contact from the applicant since [ ]. The tribunal is mindful of paragraph 11 of the Scheme in this regard.
The alleged offence in this case was not reported to the Gardai. It is necessary under the Scheme for such reporting to take place, see paragraph 23 above. The tribunal does not consider that the requirement can be dispensed with in this case as there is nothing to show what, if any, efforts were made by the applicant to notify the Gardai of the incident. The tribunal makes no award.
Signed: Elizabeth Davey, Criminal Injuries Compensation Tribunal
Date: 10 December 2021