BERMUDA | Ombudsman’s special report on future for criminal injuries compensation

The Criminal Injuries Compensation Board (“the Board”) is established to provide compensation to victims of crime who have suffered physical or mental harm as a result, or in case of their untimely passing, to the victim’s dependants, spouse or children.Its purpose is to provide some compensation in an effort to reflect the sympathies and concerns of this society about such victims.

It took time to confirm that the responsibility for the management of the board of directors had evolved over many years, leading to delays. Ultimately, the ministry was responsible, although the court took over the administration of the council for several years.

An own-initiative inquiry is one which the Ombudsman opens without a single complaint being lodged by the Ombudsman if there are grounds for the inquiry to be carried out in the public interest. An investigation has been launched into the criminal compensation system. The concern was that the victims of crime and their families faced a long period of uncertainty while waiting for the outcome of their requests.

In 2019, the Board changed its founding legislation. It was stated that the Board determined its own quorum and procedures and should submit an Activity Report to the Minister. The Board is a quasi-judicial court with judicial officers legally appointed as President and Vice-President.

The Board, in consultation with the Minister, may make regulations providing a standard level of compensation, to be determined based on the nature of the injury. The provisions given in this subsection shall specify the amount of standard to be determined - in accordance with the table; and where nothing is set forth in the Tariff, in accordance with the provisions of this Act as may be relevant.

For each description of injury covered therein, the Tariff will show the standard amount of compensation payable for that description of injury. An injury may be described in the Tariff in such a way, including with reference to the nature of the injury, its severity or the circumstances under which it was suffered, when the Board considers suitable.

To read the Ombudsman's special report on the future of criminal injuries compensation, please see the download section below.

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