CRIMINAL INJURIES COMPENSATION ACT 1985 - SECT 15

This legislation has been repealed.

CRIMINAL INJURIES COMPENSATION ACT 1985 - SECT 15

15 .         Application on certificate of Attorney General

        (1)         Where a person has suffered injury or loss in consequence of the commission of an alleged offence and it appears to the Attorney General that —

            (a)         that person is not eligible to apply for an award of compensation for that injury or loss and the circumstances of the case are such that it would be unjust if that person were not so eligible; or

            (b)         a person charged with the commission of the alleged offence has not been convicted of the offence on account of the proceedings being commenced out of time or for other technical reasons not going to the merits of the case,

                the Attorney General may certify that a claim may be made under this subsection, and if the Attorney General does so the person who has suffered injury or loss may apply to the Chief Assessor for an award of compensation for that injury or loss.

        (2)         Where —

            (a)         the death of a person has occurred in consequence of the commission of an alleged offence;

            (b)         any close relative of the deceased person has suffered any loss thereby; and

            (c)         it appears to the Attorney General that —

                  (i)         the personal representative of the deceased person is not eligible to apply for an award of compensation for that loss and the circumstances of the case are such that it would be unjust if the personal representative were not so eligible; or

                  (ii)         a person charged with the commission of the alleged offence has not been convicted on account of the proceedings being commenced out of time or for other technical reasons not going to the merits of the case,

                the Attorney General may certify that a claim may be made under this subsection, and if the Attorney General does so the person who has suffered injury or loss may apply to the Chief Assessor for an award of compensation for that loss.

        (3)         Before he makes an award of compensation pursuant to an application made under this section the Chief Assessor shall sight the certificate given by the Attorney General under subsection (1) or (2) and satisfy himself on the balance of probabilities and shall not make an award unless he is so satisfied —

            (a)         that the claimed injury or loss has occurred; and

            (b)         where the application is made —

                  (i)         under subsection (1), that the claimed loss or injury occurred in consequence of the commission of an alleged offence;

                  (ii)         under subsection (2), that the death occurred in consequence of the commission of an alleged offence and the loss is one in respect of which damages could be awarded under the Fatal Accidents Act 1959 .

        [Section 15 amended by No. 21 of 1991 s.3; No. 71 of 1996 s.11.]