As things stand, a victim of crime may claim monetary compensation in virtue of the Criminal Injuries Compensation Scheme Regulations (S.L. 9.12) only in respect of any damage suffered as a consequence of a few specified violent intentional crimes. Not only, but applications shall also be submitted not later than one year from when the violent intentional crime was committed and no payment to any claimant shall exceed the sum of €23,300. From this capped amount there will be deducted any amount which the victim may receive from an offender as ordered by a court when inflicting a suspended sentence obliging the offender to make restitution to the injured party or to pay to such party such sum of money as may be determined by the court in that direction as compensation for any such loss as aforesaid or for any damages or other injury or harm up to a maximum limit of €10,000 as laid down by the Criminal Code.
Our Statutory compensation fund is useful when there is the inability of the victim to recover damages when the wrongdoer is not found or is indigent by providing for direct financial reimbursement from state funds. However, I feel that it falls short on many counts and there are many ways in which it can and should be improved upon without much ado.
I believe that in every budgetary year there is a specific line item voted for to cover the anticipated total amount of monetary compensation for statutory claims submitted by victims of crime. This may or may not adequately cover the actual total awarded by the Claims officer but the fact remains that the amount voted for is directly derived from our taxes. It is precisely here where one can come up with an ingenious and lawful mechanism to profusely compensate victims of crime, not from taxpayers’ money but directly from convicted offenders. What I have in mind is something akin to what is laid down by the American federal law establishing The Crime Victims Fund under their Victims of Crime Act wherein such Fund serves as a major funding source for victim services throughout the country.
The system works out in a simple manner: huge amounts of monies are yearly deposited into this Fund from criminal fines, forfeited bail bonds, penalty fees and other pecuniary punishments collected by US.Courts and other tribunals. These monies come from offenders convicted of any criminal offence, not from taxpayers. It is only in this instance that crime should pay! Deposits into the Fund fluctuate from year to year but the practice has shown that never has there been a year when that Fund was in deficit after fully satisfying and settling all compensation liquidated in favour of all victims of crime claiming damages for injuries sustained.
We could legislate something along these lines and lay down that a percentage, which need not be that large, of all total fines, penalties and other forms of pecuniary punishments inflicted by our criminal courts on convicted offenders go directly to a central compensation fund administered solely for the paying out of all compensation awards done by the Claims officer under our law. I am sure that doing so will leave no victim of crime in the lurch or shortchanged for any criminal injuries suffered because of a lack of funds because the allocated amount will have already been forked out for the first few successful claims. Not only, but I also believe that in the same manner one could easily remove the capping of the maximum amount that currently our law lays down can be paid for any single claim. Reserves in such fund could also perhaps finance crime victim programme activities and support demonstration projects, training and other assistance to expand and improve the delivery of services to crime victims. Compensation could also be extended to any form of crime, not just violent intentional crime as it currently stands. France and a number of other countries have taken this road and while at it our legislator should also consider increasing the prescriptive period for lodging claims from one year to at least two years.
If we aim to be at the forefront of nations that champion the rights of victims of crime we must improve on the good that we have achieved so far in promoting and implementing the many types of assistance, aid and other support that any victim of crime will be in need of. Not for a moment must we turn away from victims. Their pain is discomforting. Their anger is sometimes embarrassing. Their personal experiences are upsetting. Victims are vital reminders of our own vulnerability. I know this because I have worked with victims of crime for some time. Our government must ensure fair compensation for victims of crime, increasing the range of crimes for which compensation can be claimed and extending the coverage of damage. This must not only include damage to property but any kind of quantifiable damage that a victim of crime may have suffered, and the availability of compensation must be more clearly publicised.
What better way to mark European victims of crime day come 22 February of next year? Each new victim personally represents an instance in which our legal and judicial system has failed to prevent crime. Lack of concern for victims compounds that failure.
Dr Mark Said is an advocate