Publication
22727 (24 July 2023)
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: 22727
Date of incident: [ ]
Date of application: [ ] Received by the Tribunal [ ]
Decision outcome: The application refused under paragraph 21.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application form, the applicant stated that he had suffered injury as a result of being assaulted by a group of unnamed males in the vicinity of [ ], in the early hours of [ ]. The applicant had been out for drinks with friends in [ ] city centre on [ ]. The applicant and his friends were making their way on foot past [ ], when they were set upon by a group of males who were unknown to them. In the course of the assault, the applicant sustained facial injuries. He was taken to [ ] Hospital where he was detained for treatment for 7 days. The applicant claimed for loss of earnings and expenses associated attending for medical treatment.
3. There was no report from An Garda Síochána on file. However, there was contained on file statement made by a member of An Garda Síochána who attended the report of the incident. It was confirmed that there was no criminal prosecution of any person arising out of the incident.
4. The applicant’s solicitors were written to by the Tribunal on [ ] to request that they confirm whether the applicant still wished to pursue his application and to provide vouching documentation for out-of-pocket expenses. In the letter, the applicant was advised that unless such confirmation was forthcoming by [ ], the file would be sent to a Member for decision.
5. No response to the letter was received by the Tribunal from the applicant.
6. Paragraph 21 of the Scheme states:
‘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.’
7. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
8. In this instance, the injuries said by the applicant to have been directly attributable to a crime of violence were allegedly perpetrated upon him on [ ]. Thus, the applicant would have been required to have lodged the application for compensation on or before [ ]. The application form was not in fact lodged with the Tribunal until [ ]. As such, it was lodged approximately 4 and a half months’ late.
9. Having carefully considered the matter, the Tribunal could identify no circumstances justifying exceptional treatment which would permit the exercise of its discretion in favour of admitting the application under the Scheme.
10. The Tribunal refused to admit the application under paragraph 21 of the Scheme.
11. NA.
12. NA.
16. NA.
17. Nil.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
24 July 2023