55488 (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: 55488

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

1. [ ] (‘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 incidents reported to have taken place in [ ] and [ ]. An application form was received by the Tribunal in relation to these matters on the [ ].

3. Pursuant to the terms of the Scheme there is a three-month time limit from the date of incident for the making of any application for compensation to the Tribunal, and, in exceptional circumstances, if so determined by the Tribunal, the Tribunal has a discretion to accept a late application up to a maximum of two years from the date of incident.

4. In accordance with a technical amendment to the Scheme approved by the Government in December 2023, a transitional period for the submission of late applications was put in place for a twelve-month period. That period is applicable from the 31st of January 2024 to the 30th of January 2025 inclusive. During this time period Applicants who are criminally injured post the 30th of June 2005, and before the 20th of April 2021, may submit a late application. In such cases the Tribunal must nonetheless proceed to consider whether exceptional circumstances are operative such as would satisfy the Tribunal decision maker that it is appropriate to exercise his or her discretion to extend time in the case of a late application.

5. In paragraph 4 of her application form the Applicant states the reason for the late application to be - miscommunication from “the Minister’s office blocked my application to be compensated. I still have the correspondence which I in fact sent onto you in the post”.

6. At paragraph 5(c) the Applicant further outlines that an application was made to GSOC in relation to the conduct of the Garda investigation. Further, at paragraph 6(a) in relation to legal proceedings, the Applicant states the “DPP directed to prosecution”. Having read the entirety of the application it would appear to be case that the Applicant was in fact stating that the DPP directed no prosecution as she withdrew her complaint due to the behavior of the Gardai.

7. The Applicant further outlines her complaints in respect of An Garda Siochana which presumably formed part of the GSOC investigation.

8. In relation to the jurisdiction of this Tribunal what falls to be considered in this case is whether this late application can be accepted pursuant to the terms of this Scheme for assessment. In accordance with the technical amendment therefore the Tribunal must assess whether this is an appropriate case to exercise its discretion to extend the time for the making of a late application.

9. As noted throughout the case law concerning the issue of exceptional treatment – whether exceptional circumstances are deemed to be in existence must be addressed relative to the individual application and the individual applicant. In this case having considered the entirety of the application, with reference to the reason provided by the Applicant for the making of a late application, I am not satisfied that there are exceptional circumstances operative in this case supported by evidence which would operate such as would require me to exercise my discretion to extend time in this case. I therefore refuse the application and no award is made.

Georgina Robinson

Criminal Injuries Compensation Tribunal

2 July 2024