MINISTER FOR Justice Dermot Ahern has said new legislation aimed at improving the criminal justice system's treatment of victims and their families will be enacted in 12 months.
The heads of the Bill, which will allow the greater use of victim impact statements and allow for a second prosecution of acquitted people, will be published by the end of the year. Mr Ahern said barring any legal impediment, it would be enacted next September.
However, a charity that advocates for the rights of homicide victims and their families has expressed disappointment at Mr Ahern's unwillingness to extend compensation payments to the relatives of some homicide victims.
AdVIC joint secretary Joan Deane said that at present, the criminal injuries compensation tribunal did not make awards to the relatives of homicide victims if the deceased was killed within the family.
She said the legislation governing that aspect of the tribunal's work was framed in 1976 and needed to be updated.
"There are many situations where an extended family might be left to rear children following a homicide within the home and financially, they would be quite stretched to do that."
Ms Deane said while AdVIC had raised the matter with Mr Ahern yesterday, he was unable to give her organisation any assurances.
Mr Ahern said given the current economic climate, this year's €2.7 billion budget for the Department of Justice would not increase next year. This meant he was unable to act on AdVIC's proposals about compensation payments.
Mr Ahern and Ms Deane were speaking after day-long meetings in Dublin between the Minister and a variety of groups with an interest in rights of victims. Mr Ahern met 40 groups to discuss issues before the heads of the new Criminal Procedure Bill were published.
Under the new legislation, family members of homicide victims will be guaranteed the opportunity to give victim impact statements in cases where guilty verdicts are secured. At present, the trial judge has discretion on the matter.
A provision dealing with trials where acquittals are recorded will allow some cases to be retried in exceptional circumstances. Under current legislation, a person acquitted of a crime cannot be put on trial twice to face the same charges.
Mr Ahern said cases would only be reopened if new evidence emerged or if it became clear that the original trial was tainted by witness tampering or intimidation. Retrials could also be ordered on a point of law.
The Bill, a draft version of which has already been drawn up, contains provisions allowing the prosecution to respond when the defence impugns the character of dead or incapacitated victims.
Under the new legislation, the defence must give prior notice of its intent to use expert witnesses. Mr Ahern said the measure would prevent "ambushes" of the prosecution's case.
A number of administrative measures are also being finalised to assist victims and their families. A new executive officer for the support of victims of crime has been established in the department.
A new victims' consultative forum is being established to give victims' groups a forum to raise concerns around any issues. The forum will engage with the commission for the support of victims of crime.
