The Criminal Injuries Compensation (Northern Ireland) Order 2002 came into effect on 1st May 2002. It introduced the Northern Ireland Criminal Injuries Compensation Scheme 2002. It also made provision for the establishment of the Criminal Injuries Compensation Appeals Panel for Northern Ireland, which acts totally independently of the Compensation Services.
The Northern Ireland Criminal Injuries Compensation Scheme 2009 is a Tariff based scheme for the payment of compensation in cases of criminal injury, where the injury was sustained on or after 1st April 2009 in Northern Ireland.
Cases of historic sexual abuse between 11th June 1968 and 30th April 2002 may also be considered under this scheme if they would have failed under previous legislation because they were not made within the required time limit. Please note that if the incidents happened between 11th June 1968 & 30th June 1988 and the victim lived in the same household as the offender no compensation can be paid. Please see the 'Child abuse and the NI Criminal Injuries Compensation Scheme Guide' listed in our guide section for further information.
The Panel is funded by the Northern Ireland Courts and Tribunals Service (NICTS). The Northern Ireland Judicial Appointments Commission appoints the chairman and panel members. The membership is drawn mainly from the legal and medical professions but includes lay members. The Panel is supported by a Branch Manager and administrative staff with its headquarters located at:
Criminal Injuries Compensation Appeals Panel Northern IrelandThe Tribunals Hearing Centre
2nd Floor, Royal Courts of Justice
Chichester Street
Belfast BT1 3JF
Tel: 0300 200 7812
Email: CICAPNICustomer@courtsni.gov.uk
The purpose of the Appeals Panel is to support the victims of violent crime by determining promptly, impartially, fairly and independently in accordance with the Scheme, appeals against review decisions made by the Compensation Services.
Background
The Criminal Injuries Compensation Appeals Panel for Northern Ireland (CICAPNI) is part of a new tariff based system for dealing with claims for compensation introduced from 1st May 2002 by the Northern Ireland Criminal Injuries Compensation Scheme 2002.
The Panel is a non-statutory tribunal with 20 Panel Members, including the Chairman, with its headquarters in Belfast. The Office is administered and funded by the Northern Ireland Courts and Tribunals Service which is an Agency of the Department of Justice for Northern Ireland. It operates independently of the Compensation Services.
The Panel's role is to determine appeals against reviewed decisions made by the Compensation Service arising from claims for criminal injuries compensation for incidents that occurred on and after 1st May 2002.
Schemes for the payment of compensation to the victims of crimes of violence have been in existence in Northern Ireland for over 30 years. For all incidents happening before 1st May 2002 claims for compensation made to the Compensation Services are dealt with under either the
- Criminal Injuries (Compensation) Order (Northern Ireland) 1988, the
- Criminal Injuries (Compensation) Order (Northern Ireland) 1977 or the
- Criminal Injuries (Compensation) Order (Northern Ireland) 1968
payment is made on the basis of common law damages.
The Criminal Injuries Compensation Services will continue to administer the old Schemes in parallel with the new Scheme in order to resolve outstanding claims for compensation made before 1st May 2002. Appeals under the old Schemes will continue to be dealt with by the County Court for the foreseeable future.
The new Schemes makes changes to both the administration and the substance of compensation for criminal injuries. The most significant are that payments, which were formally made on an ex-gratia basis, are now made as of right; a victim's general damages for pain and suffering and loss of amenity have been replaced by a tariff of awards; and the entitlement to and amount of awards are now assessed by claims officers, who are civil servants employed by the Agency. The rules as to eligibility for an award generally remain unaltered.
Injuries sustained after the 1st April 2009 will fall under the Northern Ireland Criminal Injuries Compensation Scheme 2009
Chairman and Panel Members
Below are the names of the Chairman and Panel Members of the Criminal Injuries Compensation Appeals Panel for Northern Ireland.
Chairs
Francis Farrelly
Patricia McKaigue
Elizabeth Monghan
Martin O'Brien
Harry Black
Noel Phoenix
Panel Members - Medical
Dr Eileen Atchison
Dr Maria Broughton
Dr Robin Leetch
Prof Nawwar Al-Attar
Dr Thomas O'Leary
Dr Ian Ryans
Dr Lucinda Watt
Panel Members - Lay
Mark Campbell
Marie Goss
Cathy McGalie
Catherine Ranaghan
Reports
CICAPNI's annual reports from 2007 onwards are now incorporated within that of the Northern Ireland Courts and Tribunals Service.
Reports for previous years have been archived and can be obtained by contacting:
Criminal Injuries Compensation Appeals Panel Northern Ireland The Tribunals Hearing Centre 2nd Floor, Royal Courts of Justice Chichester Street Belfast BT1 3JFTel: 0300 0200 7812
Email: CICAPNICustomer@courtsni.gov.uk
Schemes
Northern Ireland Criminal Injuries Compensation Scheme 2002
The Criminal Injuries Compensation Appeals Panel for Northern Ireland (CICAPNI) is part of a new tariff based system for dealing with claims for compensation introduced from 1st May 2002 by the Northern Ireland Criminal Injuries Compensation Scheme 2002.
Northern Ireland Criminal Injuries Compensation Scheme 2002 can be viewed at the Compensation Services website.
Northern Ireland Criminal Injuries Compensation Scheme 2009
Injuries sustained after 1st April 2009 will be dealt with under the Northern Ireland Criminal Injuries Compensation Scheme 2009 which can be viewed on the Compensation Services website.
Northern Ireland Criminal Injuries Compensation Scheme 2009 can be viewed at the Compensation Services website
Contact Us
The Appeals Panel BelfastThe Tribunals Hearing Centre
2nd Floor, Royal Courts of Justice
Chichester Street
Belfast BT1 3JF
Tel: 0300 0200 7812
E-mail: cicapnicustomer@courtsni.gov.uk
Useful Contacts
The Presenting Officer (POS)The Compensation Services
Department of Justice
5th Floor
Queen's Court
56-66 Upper Queen Street
Belfast
BT1 6FD
Tel: 030 0200 7887
Textphone: 028 9052 7668 Email: compensationservices@justice-ni.gov.uk
Website: www.compensationni.gov.uk
Victim Support Northern Ireland
1st Floor, Albany House
73-75 Great Victoria Street
BELFAST
BT2 7AF
Tel: 028 9024 3133
Website: www.victimsupport.org.uk
Guide to Appeals Procedures
(Paragraphs 61-82 of the Scheme)
If you consider that there are grounds for contesting the result of the Review, you may appeal within 90 days from the date on our letter giving you notice of the Review decision to the Criminal Injuries Compensation Appeals Panel Northern Ireland (The Panel).
Your application must be made in writing on the Notice of Appeal and you should explain in detail why you disagree with the Review decision. You should also send any relevant additional information you have to support your appeal application.
Appeal Concerning Awards
A member of staff of the Panel may refer your appeal for an oral hearing if your appeal is against a Review decision:
- not to pay an award;
- to make a full award or a reduced award;
- to seek repayment of an award; or
- to reconsider an award before actual payment of the award has been made.
When an appeal is received outside the 90 day time limit, it will be referred to an adjudicator. The adjudicator will refer your case for an oral hearing where he/she considers that:
- an award in accordance with the Scheme could have been made although the Review decision was not to make an award because the injury was not sufficiently serious to qualify for the minimum amount of compensation;
- there is a dispute about the material facts or conclusions on which the Review decision was made and that a different decision could have been made;
- the appeal cannot be concluded on the basis of the material available to him/her; or
- for any other reason an oral hearing would be desirable.
If your appeal is not referred for an oral hearing, the adjudicator's dismissal of the appeal will be final and the Review decision will stand. In such circumstances the Panel will notify you and the Compensation Services in writing of the dismissal of the appeal and the reasons for it. The Compensation Services will then make the necessary arrangements for the acceptance and payment of any award which was made during the course of the Review.
Time Limits
The time limit of 90 days for submitting an appeal may be extended in exceptional circumstances if a member of staff considers that:
- a request from you within the time limit is based on good reasons; or
- it would be in the interests of justice to do so.
If a member of staff considers that the time limit should not be extended, your request will be referred to the Chairman or an adjudicator for a decision. The decision not to extend the time limit will be final.
Appeals Concerning Time Limits and Re-opening of Cases
You may appeal against a decision:
- not to waive the time limit of 2 years for submitting an application for compensation; or
- not to extend the 90 days time limit for applying for a review; or
- not to re-open a case on medical grounds.
Your appeal will be considered by the Chairman or an adjudicator. A decision by either of them to dismiss an appeal in these circumstances will be final. If your appeal is allowed, the Compensation Services will be instructed to:
- waive the 2 year time limit and consider the application for compensation; or
- conduct a review; or
- allow the case to be re-opened.
If you are given an oral hearing, you will normally be informed in writing at least 21 days in advance of the date proposed for your hearing.
The hearing will be held before at least 2 adjudicators and you will be able to give evidence on your own behalf and bring witnesses you think might help your case.
You may choose to be represented at the hearing but the Compensation Services or Panel will not pay the costs of any legal advice or representation you may incur in connection with your appeal.
The adjudicators may, however, authorise the payment of reasonable travel expenses incurred by you or your witnesses who attend the hearing to give evidence.
The adjudicators will consider all aspects of your case and will give you their reasons for the decisions they make. This may be a higher or lower award than any previous assessment, or no award at all.
If the adjudicators consider that your appeal was frivolous or vexations, they may reduce the amount of compensation awarded to you.
Oral Hearing of Appeals
If you have any queries about this leaflet, please contact The Panel at the address listed below. Alternatively you may wish to contact Victim Support for Northern Ireland who will also be able to provide assistance.
Criminal Injuries Appeals Panel for Northern Ireland 2nd Floor, Royal Courts of Justice Chichester Street Belfast BT1 3JFTel: 028 9072 4823 or 028 9072 4824
Frequently Asked Questions
Q1. You stated in your letter that the hearing would take place in approximately 3 months and I haven't heard anything since.
A1. When a hearing has been granted by the Panel, the Presenting Officer (PO) of the Compensation Services is responsible for gathering evidence (called the hearings documents) to be used at your hearing. Until the PO has prepared these documents we are unable to send them to you or list your case for hearing. Panel staff will try to ensure this happens as quickly as possible by contacting the PO about all outstanding appeals. If there is undue delay in your case we will find out from the PO the reason for the delay and let you know the position.
Q2. How is the hearing arranged and who are the Panel?
A2. When you were granted a hearing you were sent a booklet entitled "Your Panel Hearing". Please read it carefully as it does explain what happens. Your hearing will normally take place at the Panel's Headquarters in Belfast before a three member Panel which will generally include a lawyer.
Q3. I notice from the Hearing Summary that you will be inviting the person that injured me to the hearing and I do not want to come into contact with this person. What can you do about this?
A3. We are given the names of witnesses to invite by the Compensation Services Presenting Officer. In regard to the alleged assailant, if you are afraid of meeting him/her, let us know. We will then ask whether he/she wishes to attend the hearing. Only if we receive written confirmation that he/she does wish to attend do we provide that person with details of the hearing. They are not provided with Hearing papers. But we can, in such a situation, arrange separate waiting accommodation for you and, if you wish, a member of our staff can meet you outside the hearing centre and escort you into the hearings area so that you do not have to meet the alleged assailant. However our experience is that the alleged assailant does not often attend hearings.
Q4. How much notice will I be given of my hearing?
A4. You will be given at least 3 weeks notice of your hearing date. Where necessary and if possible we will make arrangements by phone.
Q5. Can you tell me if my hearing will take place at the time stated as I have to collect my children from school?
A5. Cases listed before yours may overrun and it is not easy to say exactly when your hearing will start. The Panel's receptionist will keep you informed of how the day's list is progressing but it may be sensible to arrange for someone else to collect your children on that day. Also bring something to read (just in case there is some delay). If you do have a deadline by which you must leave, let the receptionist know when you arrive.
Q6. Can I claim car parking charges for the hearing?
A6. Only if you are disabled with a disabled badge in your car. Otherwise we pay only the public mileage/transport rate to and from the hearing.
Q7. If I am self-employed, what documentary evidence must I provide to the Panel when claiming loss of earnings for the day of the hearing?
A7. The Panel will accept any of the following documents:
- a copy of your latest tax return; or
- a letter from your accountant; or
- a letter from the contractor (for whom you would have worked on the day of the hearing stating what your loss is and whether it is gross or net) where there is an ongoing contract.
Q8. When can I expect to receive a cheque for loss of earnings incurred on the hearing date?
A8. Provided all the documentation is in order payment is made within 28 days of the claim being approved.
Q9. When can I expect to receive payment if I am granted an award?
A9. This is paid by the Compensation Services normally within 2 weeks of the Panel making their decision and you signing the acceptance form.
If you have any queries about payments you should ring the Compensation Services on 0300 200 887.
Q10. My client attended a recent hearing. He/she received a record of the hearings decision but can I have a copy of the Panel's reasons?
A10. Yes - provided you still represent your client and your client authorises this disclosure.
Q11. My client attended a recent hearing but wishes to make a complaint. What should he/she do?
A11.Your client should make his/her complaint within 3 months of the hearing and should write to the Branch Manager at:
Criminal Injuries Compensation Appeals Panel Northern IrelandThe Tribunals Hearing Centre
2nd Floor, Royal Courts of Justice
Chichester Street
Belfast BT1 3JF
The letter should be marked 'complaint'. The complaint will be acknowledged and then investigated by a senior member of staff. You should receive a reply within 15 working days.
Q12. We wish to seek Judicial Review (JR) of the Panel's decision. What should we do?
A12. In the first instance you should write to the Panel at the above address and ask for the written reasons for their decision within 30 days. If you are still not happy with the decision, you should seek legal advice.
Q13. Do the Panel's actions come under the responsibility of the Ombudsman?
A13. Yes. The Northern Ireland Assembly Ombudsman is responsible for investigating complaints of maladministration. Such complaints must be put to him through a Member of the Northern Ireland Assembly.