55482 (2 July 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: 54482

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

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

2. The application arises pursuant to an incident which occurred on the [ ]. The application form was received by the Tribunal in relation to the matter on the [ ].

3. In the report from An Garda Siochana submitted with this application it is confirmed that the incident occurred on the [ ] at approximately [ ] a.m. The matter was reported to gardai at [ ] Garda Station. A follow up investigation was undertaken by [ ] Garda Station.

4. The Applicant was noted to have suffered extreme mental anguish and was required to pursue counselling in an effort to return to some form of normal life. The gardai noted the Applicant suffered harm to her mind as per section 11 of the Non fatal Offences against the Person Act 1987 and to her body including bruising to her wrist and ankle. The Applicant is stated to have been flung to the ground when trying to intervene in an assault which was being perpetrated against her son, [ ].

5. The matter was directed to trial on indictment before [ ] Circuit Court by the Director of Public Prosecutions. A plea was entered, and a sentence imposed on the [ ] resulting in a [ ] year sentence suspended for [ ] months. No compensation was paid to the Applicant by the Offender.

6. The Applicant’s injuries are further outlined in the medical notes of [ ] in particular the injuries referring to the narrative description of the assault in question.

7. At paragraph 4 of her application form the Applicant states that the reason for the late application is the trial date having been adjourned for a period of [ ] years due to a backlog in the criminal trial lists. The Applicant states that she was also waiting for the trial to go ahead and be determined. The Applicant also states she was advised to apply to the Criminal Injuries Compensation Scheme in respect of personal injuries and expenses.

8. As noted, and advised, to the Applicant by way of the application form inter alia, there is a three month time limit from the date of incident for the making of an application pursuant to the terms of the Scheme. The Tribunal has a discretion to accept a late application up to maximum of two years after the date of incident in circumstances determined by the Tribunal to justify exceptional treatment. No applications where the incident occurred beyond two years may be accepted.

9. In accordance with the technical amendment to the Scheme approved by the government in December 2023, a transitional arrangement for the submission of late applications was put in operation for a twelve-month period from the 31st of January 2024 to the 30th of January 2025 inclusive. During this time period Applicants who were criminally injured after the 30th of June 2005 and before the 20th of April 2021 may submit a late application. Such applications, however, must also be considered by the Tribunal pursuant to it’s discretion to accept a late application. In the incident case the reasons why the late application has been submitted is not such as would satisfy this Tribunal that there is sufficient evidence to extend time for the making of a late application in this case. Accordingly, the application is not admitted for further consideration under the terms of this Scheme and no award is made.

Georgina Robinson

Criminal Injuries Compensation Tribunal

2 July 2024