Re Collard

In this appeal, the applicant sought criminal injuries compensation following an incident of assault occasioning bodily harm. The applicant had previously asked the prosecutors not to proceed with the prosecution of the alleged perpetrator. The Court of Appeal was tasked with determining whether the claimant had reasonably done all they could to assist the prosecution, in accordance with the Criminal Injuries Compensation Act 2003. The primary issue before the court was whether the applicant's request to the prosecutors not to proceed with the case was a reasonable action under the circumstances. The court had to consider whether the applicant's actions were justifiable and whether there were any other factors that should have been taken into account.

The court found that the applicant's request to the prosecutors not to proceed with the prosecution was not a reasonable action in the circumstances. The court determined that the police had their own reasons for discontinuing the prosecution, which were not influenced by the applicant's request. The court held that the applicant should have taken further steps to ensure that the prosecution proceeded, as they had a duty to assist the authorities in bringing the alleged perpetrator to justice. The court further found that the applicant's failure to take such steps amounted to a failure to reasonably do all they could to assist the prosecution.

Consequently, the court dismissed the applicant's appeal and affirmed the decision of the primary tribunal to reject the claim for criminal injuries compensation. The court emphasised that the decision was based on the specific facts of the case and that each case would turn on its own facts. The court also noted that the applicant's request to the prosecutors not to proceed with the prosecution did not automatically entitle them to compensation, as there were other factors to consider.

The court did not make any further orders in relation to the case. The decision highlights the importance of taking reasonable steps to assist the prosecution in criminal cases, particularly where the victim has requested that the prosecution not proceed. The decision also emphasises that each case will turn on its own facts, and that the court will consider all relevant factors when determining whether a claim for criminal injuries compensation should be granted.