Compensation scheme can 'compound the stress and anguish' for victims of crime

The research suggests victims of crime are currently not being properly catered for. File photo

Victims of violent crime are having to repeatedly re-visit details of the ordeal and also face "lengthy delays and bureaucratic hurdles" in order to access compensation.

The agency which compensates the victims is not fit for purpose and should be replaced by a new statutory body with a much wider remit, according to a major new report published today.  The Law Reform Commission is inviting submissions on what form a new compensation body for the victims of violent crime should take. 

Its research into the existing Criminal Injuries Compensation Scheme has pointed to a whole range of shortcomings that suggest victims of crime are currently not being properly catered for. 

The CICS operates in a manner “in which victims experience lengthy delays, bureaucratic hurdles and procedural obstacles, and in which they are required to repeatedly revisit details of the violent crimes they have been subjected to,” the report states. 

This “can actually compound the stress and anguish that victims experience. As such, a compelling argument can be made for a full redesign and a new body". 

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The report points out that the existing scheme is limited to a grant and annual budget irrespective of the volume of claims or seriousness of any injuries sustained as a result of a crime. 

“If the budget is spent before year-end, applicants must wait until the next annual allocation to receive awards of compensation,” the report states. 

“When a large claim absorbs a significant proportion of the annual budget in a given year, this causes delays for both large and small claims. It is clear that a consistent and adequate funding model is required for the scheme.” 

The LRC is awaiting submissions from the public over a 10-week period starting today before reaching final conclusions on what shape a new scheme should take. 

However, the law reform body says that what emerges should be:

• established in legislation (The current CICS is non-statutory)
• properly and consistently funded
• appropriately staffed with the necessary skills and training
• run efficiently with minimal procedural hurdles; 
• operated compassionately in a way that is sensitive to victims’ trauma throughout the application process.

One of the issues that the Law Reform Commission will examine is the eligibility for awards and on what basis some have been excluded from the current scheme. 

For instance, to receive an award under the current rules, an applicant must detail how their injury as a result of a crime involved accruing a minimum of €500 in expenses. 

The applicant must also have provided “reasonable assistance” to the scheme’s tribunal and if the tribunal deems “the conduct of the victim, their character or way of life" is not to the tribunal’s approval it “can refuse the claim in its entirety, or reduce the amount of the award”.

The LRC points out that the criterion relating to eligibility is “arguably overly broad and vague” and that it “is not clear what ‘character or way of life’ means as laid out by the scheme. The commission is seeking submissions from the public from today until April 19 before compiling its final report which will be sent to government.