Foilsiú
52951 (10 February 2023)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: 52951
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. In her application for compensation under the Scheme, received by the Tribunal on the [ ], the Applicant states that she suffered injuries by way of a criminal incident of a serious nature which occurred on the [ ]. The incident concerns an allegation of sexual assault following the consumption of alcohol and is alleged to have occurred in County [ ].
3. The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme the Tribunal “may pay ex gratia compensation in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime, or the saving of human life”.
4. Applications to the Scheme are required to be submitted no later than 3 months from the date of the incident given rise to the injury complained of. In the instant case the application was submitted outside the 3 month timeframe allowed.
5. The Tribunal is conscious in this case that the incident complained of concerns a sexual assault and therefore it may well be the case that the Applicant has an explanation for the submission of this application outside the three month period allowed for such applications. Nonetheless the Tribunal in the absence of the provision of this information or indeed further information concerning the Applicant’s loss incurred the Tribunal is unfortunately not in a position to assess this application.
6. It is noted that the Tribunal in an attempt to garner the information required wrote to the Applicant most recently on the [ ]. Unfortunately no response was received to this correspondence.
7. Paragraph 11 of the Scheme states as follows “No compensation will be payable to an Applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise”.
8. Despite clear communication with the Applicant by the Tribunal and a request for the required information to assess this application no such information has been furnished to the Tribunal.
9. As the Applicant has not established her claim no award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
10 February 2023