Publication
54009 (2 September 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 54009
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 21 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant attended his mother’s cousin’s house in [ ] on the evening of [ ]. The Applicant states that he stayed for a period of time drinking a number of members of the Applicant’s extended family. The Applicant states that later in the evening he was asked to leave by one of the people he was drinking with. The Applicant refused and alleges that this individual then stabbed him [ ] causing the Applicant injury. No medical report has been supplied the Applicant.
3. The assailant was charged by Gardaí but according the information supplied by the Applicant’s solicitor in correspondence dated [ ] took a bench warrant in court.
4. The Tribunal communicated with the Applicant’s solicitor from time to time seeking further information about inter alia the progress made in respect of the assailant prosecution without response. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitors seeking an update on whether the Applicant wished to continue with his application. No response was received by the Tribunal and the application was sent to a Tribunal member for decision.
5. Paragraph 21 of the Scheme states:
‘Applications should be made as soon as possible but, except in the circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury…’
6. In the instant case the Applicant suffered his injury on [ ]. His application should therefore have been received by the Tribunal no later than [ ]. It was in fact received on [ ], some seven months after the expiry of the three-month time limit. Neither the Applicant, nor his solicitor, has provided any information such as would allow the Tribunal to consider whether the application merits exceptional treatment as per Paragraph 21 of the Scheme. In the circumstances, the Tribunal refuses to admit the application pursuant of Paragraph 21 of the Scheme.
7. N/A.
8. N/A.
9. N/A.
10. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
2 September 2023