F/53543 (16 March 2023)

Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of one member of the Tribunal pursuant to section 25 of the Scheme

Applicant: [ ]

Deceased: [ ]

Date of incident: [ ]

Date of application: [ ]

Case reference: F/53543

Decision: Pursuant to Article 21, the application is refused.

1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”) on his own behalf as the dependent of his late father, [ ] (“the victim”) who was fatally injured on [ ].
2. The application form was signed by the applicant’s legal representative on [ ] and submitted to the Tribunal under cover of letter from her solicitor dated [ ]. The application form was stamped as received by the Tribunal on [ ].

3. Article 21 of the scheme which was in place at the time of the application 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. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".

4. In the application, the applicant stated that [ ] was fatally injured on [ ]. Pursuant to Article 21 of the Scheme, the applicant should have been submitted to the Tribunal before [ ].

5. The application form was signed on [ ] and marked as received by the Tribunal on [ ].

6. Neither the applicant nor her legal representative provided any evidence to the Tribunal to explain the circumstances of the death of the deceased, or whether it occurred as a result of a crime of violence. Further, there is no evidence before the Tribunal to explain why the application was submitted outside of the required time period. There is no evidence before the Tribunal to show why there are circumstances to justify exceptional treatment.

7. Therefore, while being sympathetic to the applicant and the victim’s dependents, no award of compensation will be granted, and accordingly the application is refused.

Peter Stafford BL

Member, Criminal Injuries Compensation Tribunal

16 March 2023