Who may act for the victim in a compensation application, and is the court's permission needed for that person to act?
General information · Not legal advice
Material to check
Read the compensation application for the name of the victim applying, the paper showing the representative's relationship to that victim, and the court's grant of permission, since each is a condition the provision attaches. The record of defence counsel appointed for the accused shows whether the second paragraph is engaged instead.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading limits who may act for the victim to the victim's spouse, lineal blood relative or sibling, and only those persons, with the litigation acts confined to the compensation application, and it requires the court's permission before that person may act as representative.
Another reading contrasts the accused's side: the defendant's defence counsel may perform litigation acts as the defendant's representative on the compensation application, and the provision attaches no permission requirement to that, while saying nothing about what the court weighs before granting permission to a relative.
Your judgment
If litigation acts were carried out for the victim by a relative before any permission was granted, what in the file would show how that gap should be treated?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change which relatives may be given permission or to add a rule on acts done without permission, or if a court decision addresses that gap.