Procedural justice and state compensation in Ireland: accounting for shortcomings and measuring improvements

Abstract

This article considers procedural justice and state compensation for victims of violent crime in Ireland. Since 1974, state compensation is provided in Ireland through the Criminal Injuries Compensation Tribunal (CICT). In interviewing 21 individuals with experience of the CICT process, including victims of crime, legal and victim support practitioners and former CICT decision-makers, this article examines shortcomings in how applicants are treated by the CICT. These shortcoming include the presence of significant delays in processing times and decision-making, poor telephone manner and communication procedures, inadequate case management systems and the existence of strict procedural requirements which do not take into consideration the consequences of criminal victimisation, including the trauma inflicted on victims. This article also evaluates recent improvements in how victims are treated in the process, the reasons as to why these improvements have been made and the effect, if any, on victim satisfaction levels with the CICT. Overall, this article concludes that reducing delays, improving communication procedures, better managing victims' expectations and relaxing the strict procedural rules all contribute to achieving procedural justice for victims of crime at the CICT. If state compensation frameworks can implement such improvements, the rights of crime victims under European Union (EU) law to both state compensation and protection from secondary victimisation can be better respected by all Member States in the EU.