NCJ Number
76661
Journal
Irish Jurist Volume: 13 Dated: (Winter 1978) Pages: 320-328
Date Published
1978
Length
9 pages
Annotation
A progress report on the Irish Scheme of Compensation for Personal Injuries Criminally Inflicted is presented.
Abstract
The Criminal Injuries Compensation Tribunal, consisting of three attorneys and four solicitors, was established on May 8, 1974. A continuing concern of the tribunal has been the public's ignorance of its existence, leading to the low percentage of claims compared with statistics on violent crimes. A time limit for victim application for compensation of 3 months after the offense causing the injury also deprives many victims of compensation who neglect to file promptly. The tribunal favors extending this time limit. There is no provision in the scheme for review of tribunal decisions; however, there are indications that some errors by the tribunal may be reviewable in the courts. One problem that has arisen in administering the scheme has been that of the relationship between the scheme and the malicious injuries code, the underlying policies of which are broadly similar. The tribunal has ruled that respecting such articles as spectacles and dentures a sum towards the cost of replacement would be allowed, while damage to such items as clothing, jewelry, and watches is still excluded. A fundamental principle of the scheme is opposition to double recovery. The scheme is primarily intended to benefit victims who under the current law would otherwise receive no compensation. Both the English and Irish schemes provide that entitlement to an award is either reduced or lost if the conduct of the victim and his/her character or lifestyle make a full or any award inappropriate. The Irish tribunal has applied this rule on a number of occasions without becoming involved in the details of the claim. A total of 41 footnotes are provided.