Publication
51649 (6 September 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 51649
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at the [ ]. The Applicant became involved in an altercation and fight and sustained personal injury. He was later treated at [ ] Hospital for his injuries.
The incident in this case was reported by persons unknown to An Garda Siochana at [ ] Garda Station. Garda members attended at the premises within a short time afterwards. The Garda Reports states that “On arrival Gardai observed Garda [ ] of [ ] Garda Station struggling to break up a fight outside in the smoking area. Garda [ ] assisted him in breaking up the fight and then arrested [ ] under Section 24 of the Public Order Act for the Offence of Threatening and Abusive behaviour as he was the main culprit in the fight and he was observed throwing punches and wrestling with another male who was also arrested by Gardai.” There is no statement of complaint by the Applicant referenced in the application. There is no reference to any criminal proceedings against any party in respect of a crime of violence giving rise to personal injury sustained by the Applicant.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) states that “Applications should 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 injury”. In this case the application was received on the [ ] and was within time.
Paragraph 23 of the General Scheme (pre-April 2021) states 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 without delay to the Gardaí. However, the Tribunal will have discretion to dispense with this requirement where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them.”
The Applicant states that he was the victim of a crime of violence which occurred on the [ ] at the [ ] in [ ] when he sustained personal injury.
In this case, there is no record of any criminal proceedings relating to a crime of violence perpetrated against the Applicant. There is no record of any statement of complaint to An Garda Siochana or co-operation with a Garda investigation in relation to the incident. In fact, the Applicant is described by Gardai as “the main culprit in the fight” and was himself arrested.
In the circumstances, pursuant to Paragraph 23 of the Scheme, the Tribunal makes no award.
Dated the 6th day of September 2022
Cathal Lombard
Tribunal Member