Criminal injuries compensation scheme revised to cover pain and suffering

Jim O'Callaghan

The revised scheme follows an April government decision to amend the existing arrangements after a Court of Justice of the European Union judgment on 2 October 2025 found that national compensation schemes could not exclude awards for pain and suffering.

The scheme, which has operated since 1974 and was previously revised in 1986 and 2021, will also introduce guidelines for the value of awards made by the Criminal Injuries Compensation Tribunal.

According to the Department of Justice, the changes will remove the previous exclusion of compensation for pain and suffering, require the tribunal to assess awards in line with ministerial guidance, and introduce transitional arrangements for new applications and claims that have yet to be decided.

Mr O’Callaghan said: “The revised Scheme published today follows a Government decision last April to amend the Scheme in light of the clarifications from the Court of Justice of the European Union judgment of 2 October 2025. That judgment found that national schemes for compensating victims of violent crime could not exclude compensation for pain and suffering. Accordingly, this amended Scheme now provides for compensation for pain and suffering.

“I am also mindful that the Scheme is put on a sustainable financial footing. That is why this revised Scheme has also introduced, for the first time, provision for Guidelines concerning the value of awards that may be made by the Tribunal. These Guidelines will help give certainty to both the victims of violent crime and to the State as to the levels of awards that may be made by the Tribunal. Subject to Government approval, I look forward to the publication of those Guidelines in the Autumn.”

Mr O’Callaghan said the changes form part of a wider programme of reform aimed at improving the scheme for victims while ensuring its long-term financial sustainability.

He added that the government remains committed to placing the compensation scheme on a statutory footing. Department officials are considering recommendations made earlier this year by the Law Reform Commission on victim compensation alongside other proposed reforms.