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Criminal Injuries (Compensation) (Northern Ireland) Order 1988

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Exclusions from compensation

5.—(1) No compensation shall be paid unless, on a balance of probabilities, the victim sustained a criminal injury as a result of an act of another person.

(2) No compensation shall be paid in respect of an injury which is a criminal injury by virtue of sub-paragraph (a) of the definition of “criminal injury” in Article 2(2) where the victim was, at the time when the injury was sustained, living in the same household as the person or, if more than one, any of the persons responsible for causing it unless the Secretary of State is satisfied—

(a)in relation to the person responsible for causing the injury or, where more than one person is so responsible, in relation to each of the persons so responsible who, when the injury was sustained, was living in the same household as the victim—

(i)that he has been prosecuted in connection with the injury or that there is a sufficient reason why he has not been so prosecuted; and

(ii)that he and the victim have ceased to live in the same household and are unlikely to live in the same household again or that there are exceptional circumstances which prevent them from ceasing to live in the same household; and

(b)that no person who is responsible for causing the injury will benefit from the compensation if it is paid.

(3) No compensation shall be paid if the victim fails, without reasonable cause—

(a)to undergo any medical examination which he may be required by the Secretary of State to undergo; or

(b)to produce or cause or permit to be produced to the Secretary of State any medical records, X-rays or other documents relating to his injury or medical history which the Secretary of State may require to be produced; or

(c)to produce or cause or permit to be produced to the Secretary of State any medical report relating to his injury obtained by or on behalf of the victim in contemplation of or for the purpose of an application for compensation or civil proceedings.

(4) No compensation shall be paid unless the victim or, in the event of his death, one of his relatives, or, in either event, a representative of the victim or such a relative—

(a)makes forthwith to a constable or, within 48 hours from the commission of the criminal injury, to a constable at a police station in Northern Ireland, a report of the commission of the injury containing full and true disclosure of all facts, within his knowledge or belief, which might lead to the identification and apprehension of the offender or otherwise be material to the investigation of the matter by the police; and

(b)serves on the Secretary of State within 28 days from the commission of the criminal injury, a notice of intention to apply for compensation containing full and true disclosure of all facts, within his knowledge or belief, material to the determination of the application; or does so within such periods as the Secretary of State considers reasonable having regard to all the circumstances.

(5) No compensation shall be paid in respect of a criminal injury unless an application for compensation is made—

(a)within 3 months from the date on which a notice is served on the Secretary of State under paragraph (4)(b) in relation to the application unless there was reasonable cause for not making the application within that period; and

(b)within 3 years from the date on which the criminal injury was sustained.

(6) Where the victim was, at the time when the injury was sustained, under the age of 18 years, paragraph (5)(b) shall have effect with the addition at the end of the words “or, if there was reasonable cause for not making the application at any earlier time, within three years from the date on which the victim attains the age of 18 years”.

(7) Where the victim was, when the injury was sustained, an unborn child—

(a)paragraph (4)(b) shall have effect with the substitution for the words from “28 days” to “injury” of the words “3 months from the date of birth of the child”;

(b)paragraph (5)(a) shall have effect with the substitution for the words from “3 months” to “application” of the words “6 months from the date of birth of the child”;

(c)paragraph (5)(b) shall have effect with the substitution for the words “on which the criminal injury was sustained” of the words “of birth of the child”.

(8) No compensation shall be paid unless the victim or, in the event of his death, one of his relatives, or, in either event, a representative of the victim or such a relative complies with all reasonable requests for information and assistance which might lead to the identification, apprehension, prosecution and conviction of the offender.

(9) Without prejudice to Article 6(1) or 9(6), no compensation shall be paid to, or in respect of a criminal injury to, any person—

(a)who has been a member of an unlawful association at any time whatsoever, or is such a member; or

(b)who has been engaged in the commission, preparation or instigation of acts of terrorism at any time whatsoever, or is so engaged.

(10) Subject to paragraph (11), no compensation shall be paid to any relative of the victim by virtue of Article 3(3)(a)(ii) in respect of any pecuniary loss resulting from the victim’s injury or death which consists of a loss of profits or other loss connected with any business in which the victim was engaged at the time when the criminal injury was sustained.

(11) Paragraph (10) does not apply if the relative was, at the time when the criminal injury was sustained, wholly or substantially dependent upon the victim’s income.

(12) No compensation shall be paid to any person by virtue of Article 3(2)(a)(iv) in respect of any injury which is caused by his mental reaction to the act arising out of which the application for compensation is made, or to the consequences of that act, unless—

(a)the injury amounts to a serious and disabling mental disorder;

(b)he sustained the injury by virtue of being present when that act was committed; and

(c)the amount of compensation which, but for this sub-paragraph, would be payable by virtue of Article 3(2)(a)(iv) in respect of that injury is at least £1,000.

(13) No compensation shall be paid to any person if the amount of compensation which, but for this paragraph, would be payable is less than £400.

(14) Where the criminal injury is directly attributable to a sexual offence and, as a result of the offence, the victim gives birth to a child, no compensation shall be paid in respect of the maintenance of that child.

(15) No compensation shall be paid where the victim accidentally sustains an injury which is a criminal injury only by virtue of sub-paragraph (b) of the definition of “criminal injury” in Article 2(2) unless the Secretary of State is satisfied that the risk which the victim was taking when the injury was sustained was an exceptional risk for him to take.

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