Publication
53875 (5 April 2022)
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: 53875
Date of incident: [ ]
Date receipt of application: [ ]
Decision outcome: No award - Application received out of time.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
In his application for compensation under the Scheme the Applicant stated that on the night of the [ ] he was assaulted by a group of unknown males on [ ], [ ], in their attempt to steal his [ ]. The Applicant claimed that he was knocked unconscious and that he woke up in [ ], [ ], and that he suffered facial injuries, including a broken nose and bruising to his body, as a result of the attack upon him.
The Applicant stated that he reported the attack to the Gardaí at [ ] Garda Station on the [ ]. The Applicant informed the Gardaí at that point that he had gone to [ ] where he was treated for his injuries by Dr [ ] in the [ ] Unit.
Garda [ ] of [ ] Garda Station has provided the Tribunal with a report in relation to the incident. Garda [ ] noted therein that the Applicant could not provide any details of any of his attackers, nor how many of attackers were involved in the incident, nor could he recall any particulars as to how he was injured. The only detail provided by the Applicant to the Gardaí was that he noted one of suspects had a Irish accent when he told another of the male suspects to [ ]. The Garda report does not confirm if the Applicant’s [ ] was actually stolen during the attack upon him, but no claim has been made by the Applicant to the Tribunal in respect of same.
Garda [ ] stated in his report that as the Applicant could not provide any details of any of the suspects, nor in [ ] review of two sets of CCTV footage obtained of the area at the time of the claimed assault were the injured party or any of the suspects identified, there was insufficient evidence to progress the investigation into the alleged assault, and therefore no criminal proceedings had been advanced.
The Applicant’s legal advisors [ ] Solicitors [ ] of [ ], [ ] submitted an application to the Tribunal on the Applicant’s behalf, which was received by the Tribunal on the [ ]. As the said application was not the original application form nor signed by the Applicant, the Tribunal requested receipt of the signed original application, together with the required vouching documentation - which the Tribunal set out in its correspondence dated the [ ] to [ ] - in order to consider the Applicant’s claim.
The Applicant’s original application form was duly received by the Tribunal on the [ ]. In the accompanying letter the Applicant’s legal advisors noted that as the Applicant was on a pension and had a medical card, no claim was being made for either loss of earnings or medical expenses.
Paragraph 20 (formerly paragraph 21) of the Scheme 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 …"
It is clear from the above provision that when applications are received by the Tribunal outside of the prescribed three-month time limit, the Tribunal can determine if circumstances arise that justify exceptional treatment of the late application and thus accept it for further consideration.
In this instance, by reason of paragraph 20, the application ought to have been lodged on or before the [ ], which was three months after the date of the incident. The initial application was received by the Tribunal on the [ ], which was over three months after the time limit allowed under the Scheme save in circumstances determined by the Tribunal to justify exceptional treatment. The Applicant’s original application form was then received, following request by the Tribunal, on the [ ].
The Applicant stated at 2(f) on his application form that he was not aware of the Scheme. Lack of knowledge or awareness of the Scheme is not considered a circumstance by the Tribunal that justifies exceptional treatment of an application and thus acceptance of that application for further consideration. Accordingly, this application is not accepted for further consideration.
This application is refused on grounds of being submitted out of time and the Tribunal has determined that no circumstances arise that justify exceptional treatment of this application and therefore its acceptance for further consideration.
As this application is not eligible on grounds of being submitted out of time, the Tribunal member will not go on to consider whether the Applicant established on the balance of probabilities that a crime of violence occurred and/or that he suffered the injuries as claimed as a direct result of that crime of violence.
Signed: Nora Pat Stewart
Dated: 5 April 2022