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.