Written answers

Tuesday, 27 November 2012

Department of Justice and Equality

Court Procedures

Photo of Jack WallJack Wall (Kildare South, Labour)
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To ask the Minister for Justice and Equality the mechanism available to a person (details supplied) regarding establishing the payment of compensation; and if he will make a statement on the matter. [52700/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Deputy will be aware that, under the provisions of the Courts Service Act 1998, the Courts Service is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed by the Courts Service that if the judge makes a compensation order as part of an overall fine order then the money will be payable to the Courts Service via the court office, on-line or by post. When a manual payment is received, the defendant will be issued a receipt if it is paid in an office or by post. For on-line payments, the defendant has the option to print or email a receipt. This receipt is then proof of payment. If a receipt is lost then either the relevant court office or the Courts Accounts Office can provide a duplicate receipt.

I am also informed that, on occasion, a judge may order the defendant to pay compensation directly to a victim, thereby bypassing the Courts or alternatively pay the compensation to the prosecuting Garda for onward transmission to a victim. In those circumstances the availability of evidence of payment will depend on what is required by the judge. As the Deputy will appreciate, the Courts are subject only to the Constitution and the law independent in the exercise of their judicial functions and the decision made in any case is a matter for the presiding judge. However, I have asked the Garda authorities to provide any relevant information on this matter and I will contact the Deputy when the Garda report is to hand.

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