Criminal Injuries Compensation Scheme
If you been a victim of violence in a crime be that an assault, mugging or any type of criminal act culminating in a person being injured, you are entitled to seek compensation for your injuries from the Criminal Injuries Compensation Tribunal.
A Criminal Injuries Compensation tribunal was set up in 1974 to compensate victims of crime for loss from personal injuries.
This post will give you information about the process and if you have any questions our contract details are at our contact us section.
The Criminal Injuries Compensation Scheme dates back to 1974 but has been updated in 2021 under paragraph 16 of the Scheme.
EU Directive 2004/80/EC regards compensating crime victims and so we are required to have a scheme for victims of violent intentional crime.
There is also a scheme for prison officers injured in the course of their duties.
The Tribunal must administer the scheme.
The scheme extends to a dependant of a victim.
A Garda member injured can also avail of this scheme.
An application must be made in writing within 3 months of the date of the incident.
If there is a late entry there must be an exceptional reason for same.
If an application is made, the injured party disagrees with the decision, an appeal de novo ie fresh case reconsideration can be made.
The amount of compensation at a tribunal appeal hearing can increased, reduced, stay the same or what the tribunal members conclude.
Applications can be made for special damages to the Criminal Injuries Compensation Authority. This includes financial losses that result from the crime. This could be loss of earnings, medical expenses and other related expenses. There is currently no provision for the compensation authority to provide compensation for the pain and suffering. In our view having no provision for victims of crime for compensation for the pain and suffering is unfair.
This issue of general damages for pain and suffering has come before the courts and a Judge has referred the matter to the European Court of Justice to address a number of issues to include if Article 12(2) of Directive 2004/80/EC ie to provide fair and appropriate compensation for a victim – does this include both material and non-material loss ie pain and suffering / general damages.
The European Court of Justice will hopefully have decided upon this by the latter end of 2025 and we will have some clarity on this matter.
Information about the scheme can be seen here https://www.victimscharter.ie/ and here.
Contact details for the Tribunal :
Criminal Injuries Compensation Tribunal,
Tribunal Secretariat,
Department of Justice,
Bishop’s Square,
Redmond’s Hill,
Dublin 2,
D02 TD99
Phone: + 353 1 479 0290
E-mail to: criminalinjuries@justice.ie
Application Forms
These can be seen here.
Reporting the Incident to the Gardai
To qualify for compensation it will be necessary to inform the Criminal Injuries Compensation Tribunal that the offence giving rise to the injury is/has been subject to criminal proceedings, or that it was reported to the Gardai.
The Tribunal use the report from the Gardai in assessing the application for compensation for the criminally inflicted injury.
To qualify for compensation it will be necessary to inform the Criminal Injuries Compensation Tribunal that the offence giving rise to the injury is/has been subject to criminal proceedings, or that it was reported to the Gardai.
The Tribunal use the report from the Gardai in assessing the application for compensation for the criminally inflicted injury.
Persons who can claim compensation before the Criminal Injuries Compensation Tribunal
- A person who sustained and injury ( victim );
- Any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred any expenses as a result of the victims injuries;
- Where the victim has died as a result of the injury, and a dependent of the victim or, if he has no dependent, any person who incurred expenses as a result of the death;
- Where the victim has died otherwise than as a result of the injury, any dependent of the victim.
Will the Criminal Injuries Tribunal oral hearing (if required) take place in private
Yes.
Will I need legal representation at the Criminal Injuries Tribunal
This is entirely up to yourself.
Will the perpetrator of the crime in question be at the Injuries Tribunal
No, not under any circumstance.
Cleary & Co. Solicitors – Litigation Law Firm
If you have been in a victim of negligence, Kieran Cleary and Roger Cleary are experienced Personal Injury Solicitors who can help with questions you may have regarding a personal injury case.
Contact details are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Cleary & Co. have many years of experience specialising in civil law personal injury cases and if we can help we will.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
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