54460 (20 June 2024)

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: 54660

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

1. Mr. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. The application relates to an incident which occurred on the [ ] at a public house in [ ]. The Applicant states that he suffered a broken elbow as a result of an assault upon his person. The Applicant was treated for his injuries at [ ] Hospital and also at [ ]. He required the insertion of mental plates and wires at the injury locus.

3. Paragraph 21 of the Scheme requires that applications be submitted as soon as possible post incident however no later than three months thereof. As this application was received approximately 9 months post incident the Tribunal must consider whether it should exercise its discretion to admit this late application.

4. At paragraph 2 (F) of his application form the Applicant states that the reason for the late submission were two-fold. 1) he was awaiting an apology from the offender and 2) he was not aware of the existence of the Scheme until the three-month period had passed.

5. Having considered the Applicants submission regarding the reason for this late application in addition to the contents of the application as a whole - I am not satisfied that the Applicant has established sufficient grounds such as would require me to exercise my discretion to extend time for the making of this late application. The Application is therefore refused under paragraph 21 of the Scheme.

Georgina Robinson

Criminal Injuries Compensation Tribunal

20 June 2024