A welcome statutory service, which runs alongside the criminal justice system, is the Criminal Injuries Compensation Scheme, which victims of violent crime can avail of. A non-statutory scheme was introduced in the Republic following the Dublin and Monaghan Bombings. In 1999 the Department of Justice decided to review the scheme and the Criminal Injuries Compensation Tribunal was set up. This scheme of compensation covers expenses and losses suffered
* As a direct result of a violent crime
* While assisting or trying to assist in preventing a crime or saving a human life
Under the scheme the injured person of the immediate family of the victim can apply to the Tribunal for compensation and this is funded by the State. Victims also have the right to appeal the amount if they are not happy with the decision of the Tribunal. The scheme covers out of pocket expenses it does not encompass losses as a result of pain and suffering and victims can apply by writing to the Offices of the Tribunal. (www.citizensinformation.ie/categories/justice/victims-of-crime/victims_and_compensation#introduction)
This has been criticised because it does not recognise that awards should be made by the state for pain and suffering or psychological as well as physical injury. The European Convention on Compensation for Victims of Violent Crimes (Council of Europe) sets out that compensation should be paid to victims who have sustained physical injuries but also to victims who have had their mental health impaired because of a violent crime.
Britain's State Compensation scheme for victims of violent crime was set up in 1964 after New Zealand where the first ever such scheme was set up on a statutory basis. The Criminal Injuries Compensation Authority accounts for most of the money allocated to victims services. Also in the UK victims are compensated not just for out of pocket expenses or bills but also for pain and suffering and loss of earnings, improvements which victims groups continue to lobby for in Ireland.
A survey carried out on state compensation in the EU showed that the UK was more generous than other members states in relation to pay outs, in one year its awarded over 340 million pounds in compensation to 78 thousand applicants. A study of the US equivalent revealed that in one year 255 million dollars was distributed to around 115,000 victims.
In Ireland offenders in certain cases are ordered by the court to pay compensation to their victim or victims. A number of conditions are imposed and the offender may receive a suspended sentence in return. Payment of the compensation on foot of the court order is usually monitored or supervised by the Probation Service.
This type of compensation is legislated for in most jurisdictions but the State scheme is favoured because offenders may not be brought to justice, they may not have the means to pay compensation, victims may not be happy with the amount, the possibility arises that the order will not be enforced and the victim is not informed of this and why.
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