GD 2014 / 0032 Criminal Injuries Compensation Scheme Report for 2013/14 Laid before Tynwald July 2014 Page: 1
Introduction 1. The Isle of Man Criminal Injuries Compensation Scheme 1983 (as amended by Resolution of Tynwald 16th October 1996) ("the 1983 Scheme") is administered by the Criminal Injuries Compensation Tribunal (the Tribunal). The Tribunal consists of Her Worship the Deputy High Bailiff, Mrs Jayne Hughes (Chairman) and two additional members, Mr K Goldie*, Advocate and Mr P Morris, Advocate. 2. On 13th December 2005, Tynwald approved a revision of the Scheme (Criminal Injuries Compensation Scheme 2005) ("the 2005 Scheme") which is administered by the Criminal Injuries Compensation Panel (the Panel) which consists of Her Worship the Deputy High Bailiff, Mrs Jayne Hughes (Chairman) and two additional members, Mr K Goldie*, Advocate and Mr P Morris, Advocate. (*Mr GoIdle's term of office expired in September 2013, Mrs Maria Bridson has since been appointed to take his place.) 3. Rule 3 of both the 1983 and 2005 Schemes provides, inter alia, that the Criminal Injuries Compensation Tribunal / Panel will submit to the Council of Ministers a full report on the operation of the scheme together with accounts. Such report and accounts will then be open to debate in Tynwald. 4. The two Schemes run concurrently, with injuries prior to 13th December 2005 being dealt with by the Tribunal and injuries on or after 13th December 2005 being dealt with by the Panel under the later Scheme. 5. To facilitate the administration of the two schemes, Her Worship the Deputy High Bailiff fulfils the role of Judicial Officer required by both Schemes, acting as Chairman of the Tribunal/Panel. Appeals against decisions of the Tribunal / Panel under the Schemes may be made to a Deemster. 6. Meetings of the Tribunal /Panel may be held up to once per month in any year and an attendance allowance is paid to the additional members in accordance with The Payment of Members Expenses Act 1989, The Payment of Members' Expenses (Specified Bodies) Order 2003, The Attendances Allowances Order 2008 and the Payment of Members' Expenses (Travelling Allowances) (No.2) Order 2013. Table 1 Tribunal / Panel meetings convened Meetings content by scheme Financial Total meetings 1983 Scheme 2005 Scheme 2009/10 12 6 6 2010/11 12 6 6 2011/12 10 4 6 2012/13 11 5 6 2013/14 12 4 8 Page: 2
Caseload 7. The following table (table 2) shows a summary breakdown of combined caseload considered by the Tribunal / Panel: Table 2 Scheme applications Numbers of applications made under the Criminal Injuries Compensation Schemes Financial Number of applications heard* Including Special Hearing / Appeal Awarded Rejected Outstanding (Including previous years) 2009/10 78 (1) 38 15 35 2010/11 57-25 7 27 2011/12 67 _ 32 10 38 2012/13 66 (1) 24 9 43 2013/14 57-22 7 36 *Note: A number of cases heard may require additional evidence and be carried over to a future meeting Rejected Cases: 8. The number of rejected cases is shown in Table 2 above. There are a number of reasons why applications may be rejected under both the 1983 Scheme and the 2005 Scheme:- i. Minimum Level of Injuries: Injuries must meet the minimum level award of 1,000 in accordance with Rule 5 of the 1983 Scheme and the 2005 Scheme. ii. iii. iv. Crime of Violence: The Tribunal/Panel must be satisfied that the injury was in the Isle of Man and is directly attributable to either a crime of violence or whilst apprehending or assisting in the apprehension of an offender or preventing an offence. Behaviour of Applicants: The Scheme is an expression of public sympathy and support for victims of violent crime. When considering the application, the Tribunal / Panel will also take into account the conduct of the applicant before, during and after the incident and his/her general character and way of life. It may not be appropriate for a person to receive compensation for injuries in circumstances where he/she was an aggressor or when he or she has failed to co-operate with the police in the apprehension and prosecution of the offender. Out of Time Applications: Applications for compensation will only be considered if submitted within 2 years (2005 Scheme) or 3 years (1983 Scheme) of the incident giving rise to the injury. This requirement may be waived in exceptional circumstances. It should be noted that any applications now received under the 1983 Scheme will be out of time though there will be some applications where the Tribunal may find that exceptional circumstances apply. Page: 3
Outstanding Cases: 9. The number of outstanding cases is shown in Table 2 (overleaf) and may also include outstanding claims from previous years. Cases may be held as pending for a number of reasons: i. Awaiting a police report: The police report cannot be provided until any criminal proceedings (underway or proposed) are complete. Awaiting a medical report: Before consideration is given to an award the Tribunal / Panel may be of the view, on the advice of a medical expert or of their own motion, that the injuries should be medically reviewed at a later date when the they have stabilised or further medical treatment has been given and the long term prognosis is known. iii. iv. Civil Proceedings: It may be the view of the Tribunal / Panel that any civil proceedings underway or proposed should be completed before considering the claim. Other information - Awaiting other information considered pertinent to the application before it can be fully considered. Awards made under the Schemes Table 3 Scheme awards (numbers, banded) Number of Awards made under the Criminal Injuries Compensation Schemes Award Bands / Number of Awards Financial < 3K L3K - 5K 5K - ElOK ElOK - 25K > 25K Total 2009/10 15 8 6 2 4 35 2010/11 6 3 10 5 2 26 2011/12 7 6 12 4 3 32 2012/13 8 3 10 1 2 24 2013/14 5 0 11 5 1 22 Table 4 Scheme awards (value, banded) Value of Awards made under the Criminal Injuries Compensation Schemes Award Bands / Value of Awards Financial < f3k 3K - 5K 5K - flak 10K - 25K > 25K Total 2009/10 27,194 32,336 42,263 39,190 779,763 920,746 2010/11 10,768 10,530 70,632 61,207 66,000 219,137 2011/12 10,502 24,250 94,931 62,784 114,863 307,330 2012/13 2013/14 13,830 8,056 13,200 0 83,589 93,798 11,183 84,978 122,516 30,000 244,318 216,832 Page: 4
Claim types and Scheme Report Costs Financial Table 5 Claims by incident type Breakdown of incident type for applications rejected or awarded Physical Sexual Assault/Rape Children under 18 Claim Type Assault on a Police Officer in Douglas (no.) in Douglas (%) rest of the Island (not Douglas) (no.) rest of the Island (not Douglas) (%) 2009/10 43 7 7 5 37 74% 13 26% 2010/11 22 9 8 1 29 94% 2 6% 2011/12 35 10 10-29 67% 14 33% 2012/13 28 6 2 2 23 72% 9 28% 2013/14 23 6 8 1 18 62% 11 38% Table 6 Scheme report costs Cost of obtaining police & medical / specialist reports to support applications Financial Cost 2009/10 17,564 2010/11 13,449 2011/12 22,208 2012/13 16,707 2013/14 13,969 Chairman Acting Secretary Dated 2? net tlek'j 2014 Page: 5