European Commission > EJN > Compensation to crime victims > Ireland

Last update: 23-10-2006
Printable version Bookmark this page

Compensation to crime victims - Ireland

EJN logo

This page is now obsolete. The update is currently being prepared and will be available in the European e-Justice Portal.


 

TABLE OF CONTENTS

1. Obtaining compensation in the form of damages from the offender 1.
1.1. Under which conditions can I make a claim for damages inthe trial against the offender (the criminalproceedings)? 1.1.
1.2. At which moment of the procedure should I put forwardthe claim? 1.2.
1.3. How should I put forward the claim, and to whom? 1.3.
1.4. How should I present my claim (indicate a total amountand/or specify the individual losses)? 1.4.
1.5. Can I get legal assistance before and /or during theproceedings? 1.5.
1.6. What evidence will I be required to present in supportof my claim? 1.6.
1.7. If I am awarded damages by the court, is there anyspecial assistance available to me as a crime victim forthe enforcement of the judgment against the offender? 1.7.
2. Obtaining compensation from the state or by a publicbody 2.
2.1. Is it possible to obtain compensation from the state or bya public body? 2.1.
2.2. Is the possibility limited to victims that have sufferedcertain types of crime? 2.2.
2.3. Is the possibility limited to victims that havesustained certain types of I injury? 2.3.
2.4. Canrelatives or dependants of victims that have died as aresult of the crime obtain compensation? 2.4.
2.5. Is the possibility of obtaining compensation limited topersons of a certain nationality or persons residing ina certain country? 2.5.
2.6. CanI apply for compensation from Ireland if the crime wascommitted in another country? If yes, under whatconditions? 2.6.
2.7. Is it necessary to have reported the crime to the police? 2.7.
2.8. Is it necessary to await the outcome of any policeinvestigations or criminal proceedings before I canapply? 2.8.
2.9. If the offender has been identified, is it necessary tofirst try to get compensation from the offender? 2.9.
2.10. If the offender has not been identified or convicted, isit still possible to qualify for compensation? If so,what evidence do I need to supply in support of myapplication? 2.10.
2.11. Is there a time limit for making the application forcompensation? 2.11.
2.12. Forwhich losses can I be compensated? 2.12.
2.13. Howwill the compensation be calculated? 2.13.
2.14. Is there a minimum and/or maximum amount that can beawarded? 2.14.
2.15. Will compensation that I have received, or can receive,for the same losses but from other sources (such asinsurance) be deducted from the compensation from thestate? 2.15.
2.16. Are there any other criteria that can influence mychance of receiving compensation, or how the amount ofcompensation is calculated, such as my own behaviour inrelation to the event that caused the injury? 2.16.
2.17. Can I get an advance on the compensation? If yes, under whatconditions? 2.17.
2.18. Where can I get the necessary forms and furtherinformation on how to apply? Is there a special helpline or website that I can use? 2.18.
2.19. Can I get legal assistance for making the application? 2.19.
2.20. Where do I send the application? 2.20.
2.21. Are there any victim support organisations that can givefurther assistance? 2.21.

 

1. Obtaining compensation in the form of damages from the offender

On how to claim damages from the offender outside the scope of criminal proceedings, please refer to “Bringing a case to court - Ireland”.

As concerns cross-border situations, for example, when the crime occurred outside the victim's Member State of residence, please note that the victim may sue the offender for damages in the same court that deals with the criminal proceedings, if this is possible under national law.

1.1. Under which conditions can I make a claim for damages inthe trial against the offender (the criminalproceedings)?

Under the Criminal Justice Act, 1993 a compensation order can be made by the court (on application or otherwise) on conviction of an offender for any offence.

1.2. At which moment of the procedure should I put forwardthe claim?

Irish Legislation is not specific in this regard. In general the prosecuting authority should be made aware of the claim at the commencement of the criminal proceedings.

1.3. How should I put forward the claim, and to whom?

The prosecuting authority should be made aware of the claim.

1.4. How should I present my claim (indicate a total amountand/or specify the individual losses)?

As there is no set form to present the claim, a detailed breakdown should be provided.

TopTop

1.5. Can I get legal assistance before and /or during theproceedings?

There is no provision under Irish law for the injured party to be represented, but the prosecuting authority will assist on behalf of the claimant.

1.6. What evidence will I be required to present in supportof my claim?

In relation to criminal damage, documentary evidence is usually required. The Court will decide on damages arising out of an assault.

1.7. If I am awarded damages by the court, is there anyspecial assistance available to me as a crime victim forthe enforcement of the judgment against the offender?

The Court will set a time period within which the compensation should be paid. Failure to pay will result in either a warrant issuing or an attachment order being made against the offender.

2. Obtaining compensation from the state or by a publicbody

2.1. Is it possible to obtain compensation from the state or bya public body?

Yes. If you are a victim of a violent crime you may apply to the

Criminal Injuries Compensation Tribunal,

13 Lower Hatch Street,

Dublin 2.

Telephone number +353-1-6610604.

2.2. Is the possibility limited to victims that have sufferedcertain types of crime?

The Scheme is intended to provide ex-gratia compensation for expenses and losses incurred as a result of personal injuries which are directly attributable to a crime of violence or which are sustained while helping (or trying to help) to prevent a crime or save a human life. The Scheme does not cover an injury if it is the result of a traffic offence, unless the Tribunal is satisfied that there was a deliberate attempt to run down the victim. The Scheme does not cover situations where the victim and the assailant were living together as part of the same household when the injury was sustained.

TopTop

2.3. Is the possibility limited to victims that havesustained certain types of I injury?

The Scheme covers for personal injuries criminally inflicted.

2.4. Canrelatives or dependants of victims that have died as aresult of the crime obtain compensation?

Where the victim has died, the immediate family of the victim (strictly speaking, the dependants of the victim within the meaning of the Civil Liability Act) may apply for compensation.

2.5. Is the possibility of obtaining compensation limited topersons of a certain nationality or persons residing ina certain country?

No. Once you have been a victim of a violent crime in Ireland and incurred losses you may apply for compensation.

2.6. CanI apply for compensation from Ireland if the crime wascommitted in another country? If yes, under whatconditions?

No. The Scheme only applies to injuries sustained within the State or on board an Irish ship or aircraft after 30 September, 1972.

2.7. Is it necessary to have reported the crime to the police?

The incident should be reported to the police as soon as practicable. In fact, if the matter has not been reported to the police without undue delay then you may not be eligible to be considered for compensation. This requirement may be waived if the Tribunal is satisfied with the level of co-operation given to the police in investigating the matter.

TopTop

2.8. Is it necessary to await the outcome of any policeinvestigations or criminal proceedings before I canapply?

There is a three month time limit for making application. However, the Tribunal can waive this requirement in certain circumstances where the Applicant can offer a reasonable explanation for the delay.

2.9. If the offender has been identified, is it necessary tofirst try to get compensation from the offender?

No. However if the victim decides to take civil proceedings against the offender the Tribunal may wait until these proceedings are finalised as any compensation received through these proceedings will be taken into account. The same applies if the victim receives compensation as part of the criminal proceedings. The Tribunal will also take this into account.

2.10. If the offender has not been identified or convicted, isit still possible to qualify for compensation? If so,what evidence do I need to supply in support of myapplication?

The Tribunal will obtain a police report on the incident which should suffice to show that you were a victim.

2.11. Is there a time limit for making the application forcompensation?

As 2.8 above

2.12. Forwhich losses can I be compensated?

Actual loss of earnings, actual medical expenses (including dentistry), reasonable travelling expenses (to and from the doctor, hospital etc.), medication, spectacles and pain and suffering (if the injury was sustained prior to 1 April, 1986). Compensation for pain and suffering cannot be awarded since that date. For personal injuries with long term effects you may claim for the above plus estimated future loss of earnings, estimated future medical expenses (including dentistry), estimated future expenses arising from a disability e.g. future care, special equipment etc. and future loss of earning potential.

TopTop

2.13. Howwill the compensation be calculated?

As the Scheme does not compensate for pain and suffering the Tribunal will require documentary evidence on your losses to calculate the compensation. In most cases the Tribunal will contact the relevant bodies to substantiate your application.

2.14. Is there a minimum and/or maximum amount that can beawarded?

No compensation will be paid where the compensatible loss is less than €63.49.

2.15. Will compensation that I have received, or can receive,for the same losses but from other sources (such asinsurance) be deducted from the compensation from thestate?

Compensation from other sources are taken into account when deciding compensation.

2.16. Are there any other criteria that can influence mychance of receiving compensation, or how the amount ofcompensation is calculated, such as my own behaviour inrelation to the event that caused the injury?

There are a number of limitations and restrictions on the circumstances in which compensation may be paid.

Firstly, there are circumstances in which no compensation will be paid:

  • Where the compensatible loss is less than €63.49
  • Where the victim and the assailant were living together as part of the same household when the injury was sustained
  • Where the injury is the result of a traffic offence, unless the Tribunal is satisfied that there was a deliberate attempt to run down the victim
  • Where the applicant has not given all reasonable assistance to the Tribunal.

Secondly, the Tribunal may reduce the award or make no award at all in the following circumstances.

TopTop

  • If the Tribunal is satisfied that the victim was partly or wholly to blame for the incident either through provocation or otherwise
  • Where the conduct, character and way of life of the victim make it appropriate. The victim's criminal record, if any, is taken into account here.
2.17. Can I get an advance on the compensation? If yes, under whatconditions?

Compensation is usually paid as a single payment. In some cases the Tribunal can make an interim payment and postpone the final award until it becomes clearer what the longer term effect of an injury is likely to be.

2.18. Where can I get the necessary forms and furtherinformation on how to apply? Is there a special helpline or website that I can use?

You may apply to the Criminal Injuries Compensation Tribunal for an application form by either writing to them at 13 Lower Hatch Street Dublin 2, Ireland or by telephone 00353-1-6610604. There is no special help line or website.

2.19. Can I get legal assistance for making the application?

The Tribunal does not pay legal expenses. It is a matter which you must decide yourself if you feel you need legal representation. The staff of the Tribunal will be happy to advise you, to the best of their ability, on how to pursue your claim.

2.20. Where do I send the application?

As 2.18 above.

2.21. Are there any victim support organisations that can givefurther assistance?

Victim Support can be contacted at

Haliday House, 32 Arran Quay,

Dublin 7.

Telephone: +353-1-8780870

e-mail: info@victimsupport.ie

Further information

« Compensation to crime victims - General information | Ireland - General information »

TopTop

Last update: 23-10-2006

 
  • Community law
  • International law

  • Belgium
  • Bulgaria
  • Czech Republic
  • Denmark
  • Germany
  • Estonia
  • Ireland
  • Greece
  • Spain
  • France
  • Italy
  • Cyprus
  • Latvia
  • Lithuania
  • Luxembourg
  • Hungary
  • Malta
  • Netherlands
  • Austria
  • Poland
  • Portugal
  • Romania
  • Slovenia
  • Slovakia
  • Finland
  • Sweden
  • United Kingdom