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Fund mooted to help those who are not paid damages

SINGAPORE — Victims of crime who are awarded compensation but do not get it because the offenders are unable to pay could get some help soon.

SINGAPORE — Victims of crime who are awarded compensation but do not get it because the offenders are unable to pay could get some help soon.

The Community Justice Centre (CJC) is looking at piloting an “emergency fund” next year that disburses up to S$1,000 for each such victim, starting with those who are physically injured due to fights, road rage or abuse — especially foreign domestic helpers.

The charity plans to set aside S$40,000 from donations for this “emergency fund” in its first year.

“If a convicted attacker can’t pay damages and serves a jail term in default, it does not help the victim at all ... The emergency fund helps to overcome short-term impediment and ensures that their lives are not thrown too far out of whack,” CJC executive director Leonard Lee told TODAY.

The initiative was mooted by judges who understand the “limitations” of the (criminal justice) system, added the charity’s vice-chairman Chew Kwee San.

Former Chief Justice Chan Sek Keong had previously noted that a heavy jail term or fine would be “cold comfort” to a victim who had to bear the burden of medical bills, lost wages and other expenses.

In 2010, the Criminal Procedure Code was amended to make it compulsory for the courts to “actively consider” whether to make victim compensation orders after each conviction.

Before that, judges had discretion over whether such orders should be awarded, which meant victims often had to launch their own lawsuits to recover damages from their attackers even if there had been a successful criminal conviction.

Mr Lee said that despite the legislative amendment, there is still a gap in access to justice when offenders are unable to fully repair the harm done to victims.

State-funded victim compensation programmes are a common feature in several jurisdictions including in Australia, Canada, Japan, New Zealand, South Korea and the United States.

Meanwhile, the CJC is also trying to reach out to a bigger pool of beneficiaries.

For instance, it is looking at extending its On-Site Legal Advice Scheme — currently available at the State Courts — to the High Court in November.

The scheme involves volunteer lawyers who offer brief 20-minute consultations on a range of issues — from civil disputes and matrimonial cases, to criminal offences — to those who do not have the financial means to seek legal counsel.

Its planned High Court edition is targeted at those seeking advice on bankruptcy issues.

A support programme for family members of the incarcerated, piloted at the Community Court earlier this year, will also be extended to the other district courts.

Under this scheme, the CJC serves as a “middleman” in an ecosystem of support comprising various social service organisations, family service centres and authorities such as the Ministry of Social and Family Development.

Such cases will be referred to the CJC by the judges, lawyers or investigation officers.

From next year, the CJC’s Primary Justice Project — which encourages early dispute resolutions for a fixed fee — will also widen its ambit to cover employment disputes and offences under the Protection from Harassment Act.

Set up in December 2012 and initially run by five student volunteers, the CJC has grown into a 700-volunteer outfit and introduced various new initiatives over the years.

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