Report calls for compensation for victims of crime before court rulings

The Law Reform Commission said a new victim-centered and rights-based approach to the suffering people endure because of violent crimes should be adopted

The Law Reform Commission said the existing law allows courts to order convicted persons to pay compensation to victims but this is not often used. File picture

Victims of crime should be compensated “without delay” and without having to wait for the outcome of any criminal or civil proceedings, a landmark new report has said.

The Law Reform Commission said that a scheme dating back over 50 years to compensate victims of crime should be scrapped and replaced with a new victim-centered and rights-based approach to the suffering people endure because of violent crimes.

It has recommended to Government that new legislation be introduced to create a new, independent body to acknowledge the impact of a crime of violence on the victim, and ensure clarity and certainty for those involved.

“This statutory body will assess applications, decide if an applicant is eligible and if so, decide the appropriate payment to compensate victims for the harm they have suffered, including payments for pain and suffering,” it said.

“Separately, the body should be able to reimburse reasonable expenses and some loss of earnings where appropriate. 

"These recommendations are designed to bring the state compensation scheme into compliance with European law and a recent decision of the European Court of Justice that the scheme should compensate for pain and suffering.” 

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It said the existing law allows courts to order convicted persons to pay compensation to victims but this is not often used.

The commission said that in cases where someone who has been convicted has the appropriate means to do so, they should pay compensation to their victims.

Under the new proposed system, a victim of crime will have two years from the date of the crime to apply for compensation with this time reflecting that victims can be “deeply traumatised after a violent crime and may need recovery time before they can make an application”.

It is aimed only at a right to compensation for victims of violence, but the Law Reform Commission said its proposals adopt a “sufficiently broad definition of ‘harm’” so that both physical and non-physical violence are covered.

In the latter category, it said the definition of harm should encompass the non-physical impacts such as emotional harm and distress from crimes such as sexual assault and domestic violence.

Degrees of suffering

In terms of the make-up of the scheme, the commission said there should be provision for reasonable, verifiable expenses including loss of earnings arising from a violent crime without a minimum or maximum threshold.

Aside from that, there should be a payment of general compensation for pain and suffering under four different bands from severe and serious to moderate and minor.

“The top band, Category A, will represent a maximum threshold, or a cap, for general compensation payments,” it said. “The bottom band for non-fatal cases, Category D, will contain a minimum threshold.” 

Furthermore, it said the scheme must provide “timely, fair and appropriate compensation” to victims, with the appropriate body given sufficient Government funds.

The recommendations to Government come after extensive consultation with victims, experts, professional bodies, representative groups, advocacy bodies and Government departments, the Law Reform Commission added.