Information about criminals being released or escaping from prison, applying for parole or being transferred between jails will be provided to their victims under new legislation.
In cases where the Director of Public Prosecutions or Garda recommend no prosecution against a suspect, the victim in the case will be informed of this and reasons for the decision may also be explained to them. Victims will also have much stronger rights than currently exist to seek a review of the decision.
The DPP has been explaining decisions in cases involving fatalities since 2008 and a right to review a decision not to prosecute has also been available. However, the new measures represent a radical extension of those practices and put them on a statutory footing.
Minister for Justice Frances Fitzgerald said the new provisions, which are being introduced to transpose into law an EU directive from 2012 on the rights of victims of crime, seek to put the victims at the centre of the justice system.
The measures are contained in the Criminal Justice (Victims of Crime) Bill 2015, the general scheme of which was published yesterday by Ms Fitzgerald.
Statutory rights
“The Bill will introduce, for the first time, statutory rights for victims of crime,” she said, describing it as a “landmark” development. “It is time that the rights of victims are given full recognition in the criminal justice system.”
The Irish Council for Civil Liberties cautiously welcomed the legislation, for which no enactment timetable has been outlined.
However, it noted the ability of victims to access some services to assist them after making a complaint about a crime has been left to the discretion of the Garda. It also said there were no guidelines around the roll-out of the new measures and that other provisions introduced in recent years to assist victims had not always been put into practice.
Last year, for example, a report by the Garda Inspectorate revealed correspondence from the Garda to victims of crime that should be sent to confirm an investigation had begun and then provide a brief progress report, had not be sent in one in four cases.
Other provisions are also planned to enable victims to give their evidence in court from behind a screen.
The Garda will also be required to maintain more frequent contact with victims and update them on progress around the investigation of their complaint. This includes keeping victims informed about any court appearance when the prosecution process begins and any appeal that may be lodged to a prosecution or severity of a sentence.
Access to services
Information about the services victims can access must also be provided by the Garda. Members of the force will also review any special provisions that might be put in place to prevent a victim being targeted with repeat offender behaviour or intimidation after making an initial complaint.
A “victim personal statement” has also been provided for and will be considered by the judge before sentencing. This is aimed at ensuring the impact of a perpetrator’s crimes can be fully factored into sentencing in a more considered manner than the current system of victim impact testimony on the day of sentencing allows.
Victims can also request to be interviewed by the same garda if more than one statement is required. They will also be able to request the interviewer be of the same gender as themselves and have expertise and training relating to specific crime types or victim characteristics, such as ethnicity or religion.
