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Decision to notify offender

The Tribunal can notify the alleged offender of the making of an application for assistance, where:

• the police brief has not been authorized; or
  
• the applicant has not proceeded with their complaint to police about the act of violence; or
  
• the applicant has refused to assist police; or
  
• no report of the act of violence was made to the police; or
  
• the alleged offender was found not guilty, or the charges were withdrawn or dismissed.

Notifying the alleged offender

The Tribunal will advise the applicant/solicitor in writing that notification is being considered allowing twenty one days for a response.

1. If an objection to the notification is lodged, the Tribunal Member will consider all relevant matters and make a decision as to whether the alleged offender will be notified.
   
   
2. If notification is still to take place, the applicant/solicitor will first be advised of this in writing allowing twenty one days to advise whether the claim is still to be pursued.
   
   
3. If the applicant/solicitor still wishes to pursue the claim, or no response is received, notification will be sent to the alleged offender by registered mail.
   
   
4. If no response is received from the alleged offender after 14 days, the application will be listed and the applicant/solicitor will be advised that the alleged offender will not be attending.
   
   
5. If the alleged offender elects to be notified of the hearing, the application will be listed for a Directions Hearing.

Practice Direction 5 of 2003 -

Notification of Alleged Offenders – Section 34.

This direction sets out the process to be followed for the notification of an Alleged Offender.