Overhaul current victim compensation scheme: LRC
A report from the Law Reform Commission (LRC) proposes that the State’s scheme for compensating victims of crimes of violence be placed on a statutory footing, which would include the establishment of a dedicated independent statutory body.
The current scheme, in existence since 1994, is purely administrative. Published on 23 March, the LRC report, ‘Compensating Victims of Crime’, addresses the need for substantial reform and modernisation, incorporating a completely new structure, which would be “trauma-informed, victim-centred and rights-based”.
The recommendations (23 March) are designed to bring the State compensation scheme into compliance with European law and a recent decision of the Court of Justice of the European Union (CJEU) that the scheme should compensate for pain and suffering. The decision came from the High Court referring questions to the CJEU following Blanco v Criminal Injuries Compensation Tribunal and Ors [2024].
In arriving at its recommendations, the LRC carried out an extensive consultation process, started in 2022, with victims, professional bodies, human-rights organisations, advocacy bodies, individual experts and relevant government departments. The researchers also conducted a broad sweep of international best practice.
Accompanying draft Bill
Along with the report, the LRC has prepared a draft bill, the Compensation for Victims of Crimes of Violence Bill 2026, which LRC president Mr Justice Frank Clarke hopes will speed implementation up if the Government decides to go along with its recommendations.
“We don’t express a view about whether there was already an obligation on the State to have a statutory scheme. We’re suggesting that, as a matter of good practice, it’s the best way forward. And we’re suggesting that the independent statutory body charged with delivering compensation to the victims of crime have three layers or tiers,” he said.
“The first, and perhaps most important, is the assistive tier. One of the things we heard loud and clear from those representing victims of crime was that they often find it difficult to navigate through the existing system and produce all the documentation required – which can cause delays and additional trauma.
“The job of our recommended assisted tier will be to help victims to ensure that they put their case in the way that’s most favourable to them and that ensures that all the necessary documentation they need to support their claim can be made available.”
Early compensation as a default
Once victims have been supported by the assistive tier, their case will go one step up to what the LRC refers to as “the adjudicative tier”. The intention is that, in the vast majority of instances, a case shouldn’t require any further information and would be ready to be dealt with straight away.
A major recommendation at this stage is that everything possible should be done to ensure that compensation is paid as quickly as possible.
“One of the legitimate concerns we heard very strongly from victims was that the process itself takes a long time, but often is adjourned pending court proceedings, which means an even longer time before people get the compensation they’re entitled to. This is far from ideal,” said Clarke.
The third tier is an appeals process, whereby victims who are dissatisfied with the decision of an adjudicator will have a right to appeal to a three-person panel, which the LRC believes provides a further layer of robustness to the system.
“Hopefully there won't be complex legal issues in many cases, but where there are, we're recommending that there be provision for the matter to be referred on to the High Court to resolve them,” said Clarke.
The question of legal support
That leads to the question of whether there ought to be some form of legal support in the system. The commission is very much of the view that as much as possible of the funding that the State is prepared to make available should go into the pockets of victims.
“But we do recognise that there may be cases where there may be a need to have something a bit more than the assistive tier in the form of legal advice or legal representation,” said Clarke.
“The recommendations allow for lawyers in appropriate situations, including with complex cases or due to the vulnerability of the applicant. There should also be a mechanism for applicants who cannot afford legal representation.”
The commission recommends a new application time limit of two years from the date of the crime giving rise to the claim, with some exceptions, for example children may apply up until two years after turning the age of 18. This is to reflect the understanding that victims can be deeply traumatised after a violent crime and may need recovery time before making an application.
The law already allows the courts to order convicted persons to pay compensation to victims. However, this provision is not widely or frequently used in the courts for a variety of reasons. The LRC acknowledges that not every accused person will be in a position to pay compensation, but is advocating the increased use of the existing provision.
“We believe that while the State has a clear obligation to compensate victims of crime, the perpetrators of the crime should be the first port of call wherever that's practicable,” said Clarke.