Criminal Compensation

The 2002 Criminal Injuries Compensation (NI) Order legislates for a scheme of criminal injuries compensation to be made by the Department of Justice. The scheme shall provide circumstances in which awards are to be made; the categories of persons to whom they may be made. The scheme shall be known as the NI Criminal Injuries Compensation Scheme.

The amount of compensation under an award shall be determined in accordance with the provision of the Scheme. Provision is made for a standard amount of compensation, determined by reference to the nature of the injury. Additional amounts of compensation may be allowed for loss of earnings and special expenses in such cases as may be specified.

In the case of fatal injuries, a bereavement support grant to acknowledge the grief and sorrow caused by the death and loss of that person’s care, guidance, and society, and such additional amounts as may be specified may be provided for.

Provision is to be made for a standard amount to be determined in accordance with a Tariff prepared by the Secretary of State as part of the Scheme. Where no Tariff is provided for in respect of an injury, in accordance with such provisions of the Scheme, as may be relevant.

The Tariff shall show, in respect of each description of injury, the standard amount of compensation payable in respect of that type of injury. An injury may be described in the Tariff in such a way, including by reference to the nature of the injury, its severity, or the circumstances in which it is sustained, as the Secretary of State considers appropriate. The Scheme may provide for amounts of compensation not to exceed specified maximum amounts.

The Scheme is to include provisions for claims for compensation and awards and payments to be made by the Secretary of State. It may, in particular, include provision for circumstances in which an award may be withheld or reduced; for an award subject to conditions; for the whole or part of the compensation to be repayable in specified circumstances; for compensation to be held on trusts, in such cases as are provided in accordance with the Scheme; requiring claims under the Scheme to be made within such periods as may be specified; and imposing other time limits.

Where a matter is to be proved under the Scheme, the standard of proof is that in civil proceedings, i.e. the balance of probabilities.The Scheme may provide for the police to provide a copy of documents relevant to the claim, unless the police would not be compelled to give that document in civil proceedings.

The Scheme is to include provisions for review in such circumstances as may be specified of decisions taken in relation to compensation. The Scheme shall include provisions for appeal against decisions under the Scheme.

Appeals are to be determined by adjudicators appointed by the Secretary of State. The Scheme may provide for adjudicators to be appointed by persons having responsibility for dealing with appeals under the Scheme. It may provide for the appointment by the Secretary of State of members of a body and for staff dealing with appeals.

The Secretary of State is to make annual reports on the operation of the Scheme. Designated bodies are to report to the Secretary of State in relation to the operation of the Scheme annually. The report is to be laid before the Assembly.

Before making a Scheme, it is to be laid before the Assembly and must be approved by resolution.

Before making alterations in certain key elements of the Scheme including the Tariff, calculation of compensation, limits on compensation, withholding of compensation circumstances, the terms of a right of appeal, a draft is to be laid for approval.

The Secretary of State is to inform persons seeking compensation for criminal injuries sustained and anybody designated as a body for providing advice, assistance, and support to persons seeking compensation for such injuries.

The Secretary of State may supply the Department for Social Development with information about awards, to persons in receipt of income support or income-based jobseeker’s allowance, or a person whose capital is treated, for the purpose of such benefits. Information may also be supplied to the Department of Finance or the Housing Executive.

Where a person is convicted of a crime of violence and an award has been paid or is payable in respect of a criminal injury directly attributable to that crime, the county court may, on application by the Secretary of State, make an order directing the offender to reimburse the Secretary of State, the whole of the amount of the award or such part as may be specified. This may be provided for by a lump sum or periodical payment and is enforceable as a decree due.

Before making an order, the court shall give the offender the opportunity to be heard and have regard to his financial position, employment possibilities, future employment, liabilities to families, and otherwise, and such circumstances as the court considers relevant. It may, for the purposes above, obtain and consider a report from a probation officer. The court may, on the application of the Secretary of State or offender, vary the order having regard to fresh evidence; change of circumstances or other relevant matter.

Where an award is made in respect of criminal injuries and the sum has been or is subsequently paid to that person in respect of the injury or the person becomes entitled to the sum in respect of it, the person is to forthwith notify the Secretary of State and reimburse the amount of the award, if greater than the sum or the sum if the award is greater.

This may arise due to compensation payable in civil proceedings, compensation payable for funds of any other country or other equivalent criminal injury compensation award.

Where an award is made to a person in respect of criminal injury, until the proceedings have been or are subsequently instituted in any court as a result of the injury and the court awards damages against the offender or the parties agree to settle the same, the court may order the offender to pay the damages so awarded into court. Where a payment is made into court, it shall direct the payment to the Secretary of State of amounts which would be due to be reimbursed above. Sums to be reimbursed are recoverable as a debt due and may be recovered in an appropriate court.

Appeals may be made from county court orders in accordance with the general appeal provisions in the county courts legislation.

The NI Criminal Injuries Compensation 2009 has been made in pursuance of legislation. Appeals against decisions are determined by adjudicators appointed by members of the Criminal Injuries Compensation Appeals Panel for NI.

Criminal injuries, one or more personal injuries attributable to an act occurring in NI which is a crime of violence including arson, fire raising or poisoning, apprehension or attempted apprehension of an offender or suspected apprehension, prevention or attempted prevention of an offence or giving help to any constable who is engaged in such activity. Personal injury includes physical injury including fatal injury, mental injury.

Compensation is not payable for mental injury or disease without physical injury or in respect of a sexual offence unless the applicant is put in reasonable fear of immediate personal harm to him or his person and a close relationship and affection with another person at the time when the person sustained physical or mental injury directly attributable to conduct above; the relationship still exists; the applicant either witnessed or was present on the occasion when the other person sustained the injury or closely involved in its immediate aftermath; in a claim arising out of a sexual offence, the non-consenting victim of that offence; it is not necessary for the assailant to be convicted of a criminal offence.

A claim may be made notwithstanding that the person might not be convicted by reason of age, sanity, diplomatic immunity etc. Personal injury is not a criminal injury where the injury is attributable to the use of a vehicle, except where it is used to deliberately inflict injury.

Compensation may be withheld, where the Secretary of State considers the applicant failed to inform the police or other body concerned of the circumstances giving rise to the injury; the applicant failed to cooperate with the police or other authority to bring the assailant to justice; the applicant has failed to give all reasonable assistance to the Secretary of State; the conduct of the applicant before the incident makes it inappropriate that a full award or any award be made; the applicant’s character is shown by a previous criminal conviction as inappropriate that a full award be made.

An award may be reduced or withheld, where it considers excessive consumption of alcohol or related drugs by the applicant contributed to the circumstances which gave rise to the injury or make it inappropriate that a full award or any award be made.

The Secretary of State may not make an award if there is a likelihood that an assailant would benefit or where the applicant is under 18 and it is not in his or her interest that an award be made.

The standard amount of compensation is not shown in respect of the relevant injury in the Tariff. The Tariff sets out the scale of fixed levels of compensation level and corresponding amount of compensation for each description of injury and qualifying notes.

The compensation payable is a standard amount of compensation by reference to the nature of the injury, loss of earning, for longer than 28 weeks as a direct consequence of the injury, and an additional amount is allowed for loss of earnings or loss of earning capacity and special expense for awards in excess of £500,000 staged. Payment arrangements may apply.