Published on 

Criminal Justice (Victims of Crime) Bill 2016 - Second Stage Speech - 1 March 2017

Criminal Justice (Victims of Crime) Bill 2016

Second Stage Speech – Dáil Éireann

Tánaiste and Minister for Justice and Equality,

Frances Fitzgerald T.D.

A Cheann Comhairle,

The Criminal Justice (Victims of Crime) Bill 2016 is a groundbreaking piece

of legislation which I am pleased to be introducing to the House tonight.

It forms part of a series of legislative reforms I am advancing to improve

victims’ rights and their experience of the criminal justice system.

Victims should be at the heart of the criminal justice system.

This Bill , the Domestic Violence Bill, which compliments this legislation,

and the Mediation Bill will be taken in these Houses this week. All three

are Programme for Government Commitments.

These three Bills introduce major and wide-ranging reforms that will widen

access to justice in this country and ensure the justice system is on the

side of the victim and the vulnerable.

My Department has now published 12 Bills since the Government was formed in

May. Exactly one year on from last February’s election, it is important to

reflect on the legislative agenda we have progressed as a House, despite

the new challenges of the 32nd Dail.

I have said in this House before that the needs of victims of crime have

sometimes been overshadowed by a focus on apprehending and prosecuting

perpetrators. We must ensure that our response to criminal behaviour is a

comprehensive one while putting the needs of victims at the forefront.

It is time that the rights of victims are given full recognition in the

criminal justice system. This Bill will introduce, for the first time,

statutory rights for victims of crime, marking a fundamental change in the

approach to criminal law in Ireland.

The main purpose of the Bill is to give effect to provisions of Directive

2012/29/EU of the European Parliament and of the Council of 25 October 2012

establishing minimum standards on the rights, support and protection of

victims of crime.

Under the Bill a victim of a crime will have the right to receive

information, in clear and concise language on:

• the criminal justice system and the range of services and entitlements

available to victims;

• the progress of the investigation and any court proceedings; and

• the release, including temporary release, or escape from custody of an

offender who is serving a sentence of imprisonment.

Victims will also have:

• the right to an individual assessment to establish measures that may be

necessary to protect them from secondary or repeat victimisation,

intimidation or retaliation; and

• the right to request a review of a decision by the authorities not to

initiate a prosecution in their case.

Before outlining the content of the Bill in more detail I would like to

provide some context for the legislation.

Victims of crime do not always have a formal role in the criminal justice

process in Ireland. Victims are not generally legally represented.

Victims, if they are not also witnesses, may have little access to

information and little contact with the agencies tasked with bringing the

offender to justice.

The criminal justice system is a complex system of law and procedure which

can be confusing and difficult to navigate even for those familiar with its

workings. This can be doubly challenging for the victim of a crime, who

may be vulnerable and traumatised by the crime itself, and isolated and

unguided as they attempt to engage with criminal justice agencies and

systems. The central aim of this Bill is to go some way towards addressing

this deficit by providing victims with information, support and assistance

across all their interactions with criminal justice agencies.

The vital work being done by the wide range of non-governmental

organisations in continuing to provide supports to victims of crime is

something which I wish to warmly acknowledge this evening. These

organisations are providing essential support and information to victims of

crime, including emotional support, court accompaniment, accompaniment to

Garda interviews, accompaniment to sexual assault treatment units,

counselling and referral to other services. They are therefore providing a

hugely valuable source of support to people at what often can be a

traumatic time in their lives.

In terms of funding, I was very pleased to be able to secure a 17% increase

in the budget available for services to victims of crime this year. This is

enabling my Department to provide funding, which is administered by the

Victims of Crime office, totalling €1.7 million to 58 organisations

supporting victims of crime in 2017.

I have also engaged closely with victims’ groups in developing this Bill

and I have met them on a number of occasions.

On the State side, a Victims Services Group, chaired by my Department, has

been in place since July 2015. It co-ordinates the Criminal Justice

agencies’ work in preparing for and progressing towards the full

implementation of the Directive.

I now propose to outline, in more detail, the content of the Bill, which

contains 30 sections and largely reflects the EU Directive on Victims of

Crime.

Part 1 of the Bill contains a number of standard provisions concerning the

short title, commencement and expenses. In addition, section 2 defines a

range of terms used in the Bill, some included for clarity, and some more

notable definitions which I’d like to mention. The Bill defines “Victim”

as any person “who has suffered harm, including physical, mental or

emotional harm or economic loss, which was directly caused by an offence”.

This is a broad and inclusive definition which reflects the victim-centred

nature of this Bill and the EU Directive. The victim is not defined in

relation to the offence or the offender but rather by the effect which the

crime has had on the victim. The victim benefits from the rights provided

under the Bill, whether or not a formal complaint is made or a suspect has

been identified.

Section 2 also defines certain terms used in the Bill such as “protection

measure”, “special measure” and “significant developments” in so far as it

relates to the investigation of an offence, and I will discuss these terms

in the context of the provisions in which they arise.

Where a victim has died as a result of an offence, section 2 provides that

the victim’s family members may avail of the rights provided in the Bill.

Section 3 allows the competent authorities to limit the number of family

members in certain circumstances.

Section 4 provides that the rights in the Bill shall not apply to criminal

proceedings which are instituted before the commencement of the provisions

concerned. This will ensure that criminal proceedings already underway are

not affected.

Part 2 of the Bill addresses a very important aspect of the Bill: the

victim’s right to information about his or her case.

Section 6 sets out a wide range of information which victims must receive

when they first make contact with the Gardaí, or in certain cases, the

Garda Síochána Ombudsman Commission. Victims will be entitled to receive

detailed information on the criminal justice process and the role of a

victim within that process. This will include information on the procedure

for making a complaint, where to direct enquiries and the circumstances in

which they may be able to obtain protection measures or assistance by way

of interpretation, translation, legal aid, compensation or expenses.

The section provides that a victim may bring someone with them when first

contacting the Gardaí about an offence, including a legal representative if

they wish.

I have already highlighted the vital services provided to victims of crime

by victim support groups. This section ensures that victims will be

offered information about victim support services and may, with consent, be

referred to such services.

Section 7 then outlines the information which a victim will receive, if

they wish to receive it, to keep them informed of the progress of their

case through the criminal justice process. Information is available from

the time of the initial complaint, through the investigation and trial and

up until the offender has completed any custodial sentence imposed as a

result of the offence. The information available under this section is

quite extensive and I will not go through it all but just mention some

notable elements.

Victims must be given information on any significant developments in the

investigation including the arrest, charging or release on bail of a

suspect, and on any trial and any sentence imposed on an offender. Where an

offender is imprisoned or detained as a result of the offence, the victim

will be entitled to receive information from the Irish Prison Service, the

Central Mental Hospital or a children detention school, in respect of any

release, including temporary release, or escape from custody by the

offender.

A particularly important right under section 7 is the victim’s right be to

informed when a decision is made to end an investigation or not to

prosecute an offender and to be given reasons for that decision. Sections

8 and 9 provide that, in the case of a decision not to prosecute, the

victim will be entitled to seek a review of that decision. This measure is

intended to help victims to better understand the reasons why in some cases

it is not always possible to get justice.

Section 10 provides that information, otherwise required under the Bill,

does not have to be disclosed if it could interfere with an investigation

or future criminal proceedings or endanger any person or the security of

the State.

Part 3 of the Bill concerns the protection of victims during investigations

and criminal proceedings.

When a victim of crime is making a formal complaint, under section 11 of

the Bill, he or she must be given a written acknowledgment of that

complaint in a language which he or she can understand. The victim may

also be accompanied by a person of their choice, including a legal

representative.

Falling victim to a crime when you are away from home can be particularly

difficult and there are a number of specific rights to address the needs of

victims of crime in Member States other than where they live. Under

section 12, if an Irish resident makes a complaint in relation to an

offence which took place in another Member State, the Gardaí must forward

the complaint without delay to the Member State in which the offence took

place. In addition, section 13 provides that victims of crime in Ireland

who are resident in another EU Member State may have their statements taken

immediately.

Section 13 also sets out other measures for the protection of victims

during interviews. These include carrying out interviews with victims as

soon as possible and only where necessary; limiting medical examinations to

those strictly necessary; and providing that victims may be accompanied

during interviews, including by a legal representative.

As I have already mentioned, this is a victim-centred Bill. As such, it

focuses individually on the victim and his or her needs. Sections 14 to 18

of the Bill make provision for the assessment of victims and the

implementation of protection and special measures identified by the

assessment. Each victim will be individually assessed to establish any

particular protection needs he she may have and if they would benefit from

any special measures during the course of the criminal proceedings. This

assessment will take into account the nature and circumstances of the crime

but the focus is on the personal needs of the victim.

The protection needs which may be identified include advice on personal

safety and the protection of property, advice on safety orders and barring

orders and applications to remand an offender in custody or to seek

conditions on bail. Special measures available during an investigation may

include carrying out interviews in specially adapted premises, by persons

specially trained, by the same person or by a person of the same sex.

Where an assessment identifies special measures which the victim may

benefit from during court proceedings, these must be reported to the

prosecutor. The prosecutor must take that assessment report into account in

determining whether to apply to the Court for special measures such as

allowing the victim to give evidence via live television link, through an

intermediary or from behind a screen.

The Bill recognises that child victims of crime are particularly vulnerable

and consequently presumes that they have protection needs under section 14.

In determining the special measures which they may benefit from, the Gardaí

must have regard to the best interests of the child and must take the views

of the child and his or her parents into account. They must also ensure,

under section 17, that a child victim is accompanied by an appropriate

adult during interviews and court proceedings. On this point, I note that

the Children’s Rights Alliance have, in recent days, called for provision

to be made to consider the child’s views under this section. I will look

at bringing forward an appropriate amendment at Committee Stage in this

regard.

Two other special measures are available to victims during criminal

proceedings. Section 19 provides a power for the court to exclude the

public where necessary and section 20 provides that the court may prevent

unnecessary questioning regarding a victim’s private life.

Sections 21 to 23 make provision for the requirements of the EU Directive

relating to communication, translation and interpretation. All

communications with a victim must also be in simple and accessible language

and take account of the victim’s ability to understand and be understood.

Part 4 of the Bill amends a number of other Acts.

Section 25 amends Part III of the Criminal Evidence Act 1992 extending and

supplementing provisions in that Act. These amendments are aimed at

rendering the criminal justice system less formal and more responsive to

the needs of victims of crime, to comply with the EU Directive.

Existing provisions which facilitate evidence being given through live

television link or through an intermediary are extended to all victims, or

in the case of intermediaries to all child victims, where the court

considers it necessary to protect the victim from secondary and repeat

victimisation, intimidation or retaliation.

New provisions are introduced to facilitate a victim giving evidence from

behind a screen or other device so that the victim cannot see the accused

and to prohibit the judge and lawyers from wearing wigs and gowns when a

child victim is giving evidence.

The Criminal Justice Act 1993 is amended to extend the right to make victim

impact statements to victims of all offences, or in certain circumstances

their family members.

The Bill also amends the Courts Service Act 1998 to require the Courts

Service to make arrangements for the separation of victims and their

families from offenders and their families in the course of criminal

proceedings and, in any new court buildings, to provide separate waiting

areas for victims.

I think the House will agree that the provisions of this Bill are a

significant step forward in recognising the obstacles faced by victims of

crime in the criminal justice system and providing victims with the

information and support to help them through an undoubtedly difficult

process.

Before I finish, I would like to thank all of the criminal justice agencies

who have a role in providing services to victims under this Bill for their

assistance in developing these proposals and implementing many of these

rights on a non-statutory basis since the EU Directive came into force in

November 2015. I would also like to acknowledge and thank the many victim

support groups and community groups who have contributed to the development

of this Bill over a number of years.

Unfortunately, this Bill cannot prevent the terrible harm and trauma which

many victims suffer as a result of the crimes perpetrated against them.

But what I hope, and believe, this Bill will do, is prevent further

unnecessary trauma and victimisation arising from a victim’s interaction

with the criminal justice system.

With that aim, I commend this Bill to the House.