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.

Where a member of staff considers that your application should not receive an oral hearing, 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 Agency in writing of the dismissal of the appeal and the reasons for it. The Agency 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 Agency 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 Agency 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
The Corn Exchange Building
31 Gordon Street
Belfast BT1 2LG

Tel: 028 90924400
Fax: 028 90924420
www.cicapni.org.uk