Criminal Justice (Victims of Crime) Act 2017

PART 1 Preliminary

1. Short title and commencement

1. (1) This Act may be cited as the Criminal Justice (Victims of Crime) Act 2017.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions; and, in particular, paragraph (b)(ii) and paragraph (d) of section 30 may be brought into operation on different days for different courts and for different circuits and different district court districts.

2. Interpretation

2. (1) In this Act—

“Act of 1960” means the Criminal Justice Act 1960;

“Act of 1993” means the Criminal Justice Act 1993;

“Act of 2001” means the Children Act 2001;

F1[…]

“Act of 2006” means the Criminal Law (Insanity) Act 2006;

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

F2["Act of 2024" means the Policing, Security and Community Safety Act 2024;]

“assessment” has the meaning assigned to it by section 15;

“child”, other than in the definition of family member, means a person under the age of 18 years;

“children detention school” has the same meaning as it has in section 3 of the Act of 2001;

“civil partner” means a person in a civil partnership or legal relationship to which section 3 of the Act of 2010 applies;

“clinical director” has the meaning assigned to it in section 1 of the Act of 2006;

“cohabitant” means a cohabitant within the meaning of section 172(1) of the Act of 2010;

“complaint”, other than in section 7(1)(l), means a statement made by a person orally or in writing, including by electronic means, to a member of the Garda Síochána or an officer of the F3[Police Ombudsman] alleging that the person, or another person, has been the victim of an offence;

“designated centre” shall be construed in accordance with section 3 of the Act of 2006;

“director of a children detention school” means a person who has been appointed under section 180 of the Act of 2001 and who is responsible for the immediate control and supervision of a children detention school;

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“family member”, in relation to a victim, means—

(a) a spouse, civil partner or cohabitant of the victim,

(b) a child or step-child of the victim,

(c) a parent or grandparent of the victim,

(d) a brother, sister, half brother or half sister of the victim,

(e) a grandchild of the victim,

(f) an aunt, uncle, nephew or niece of the victim, and

(g) any other person—

(i) who is or, where the victim is deceased, was dependent on the victim, or

(ii) who a court, a member of the Garda Síochána, an officer of the F3[Police Ombudsman], the Director of Public Prosecutions, the Irish Prison Service, a director of a children detention school or a clinical director of a designated centre, as the case may be, considers has or, where the victim is deceased, had a sufficiently close connection with the victim as to warrant his or her being treated as a family member;

“Irish Prison Service” means the prison service of the Department of Justice and Equality, which is charged with the management of prisons within the meaning of section 2 of the Prisons Act 2007;

“member of staff of a children detention school” means—

(a) a person who is appointed as a member of staff of a children detention school under section 181 of the Act of 2001, and

(b) a person who became such a member of staff pursuant to section 182 of that Act;

“member of the Garda Síochána” has the same meaning as it has in F3[the Act of 2024];

“Minister” means the Minister for Justice and Equality;

F1[…]

“officer of the Director of Public Prosecutions” means a person who is appointed to be an officer or servant of the Director of Public Prosecutions under section 2(11) of the Prosecution of Offences Act 1974;

F2["officer of the Police Ombudsman" means—

(a) an officer of the Police Ombudsman within the meaning of the Act of 2024, or

(b) a person who is engaged by the Police Ombudsman pursuant to an arrangement under section 181 of that Act;]

F1[…]

“protection measure” means a measure which is intended to safeguard the safety and welfare of a victim by limiting or preventing contact with, or repeat victimisation, retaliation or intimidation of, the victim by an alleged offender or any other person on his or her behalf and includes:

(a) advice regarding the personal safety of the victim;

(b) advice regarding the protection of the property of the victim;

F4[(c) advice regarding safety orders, barring orders, interim barring orders, emergency barring orders and protection orders within the meaning of the Domestic Violence Act 2018;]

(d) advice regarding orders made under F5[section 10or10Bof theNon-Fatal Offences Against the Person Act 1997], section 101 of the Criminal Justice Act 2006 and section 26 or 26A of the Criminal Justice Act 2007;

(e) an application to remand the alleged offender in custody; and

(f) an application that any admission of an alleged offender to bail be subject to conditions;

“restorative justice scheme” means any scheme administered for the time being under which, with the consent of each of them, a victim and an offender or alleged offender engage with each other to resolve, with the assistance of an impartial third party, matters arising from the offence or alleged offence;

“secondary victimisation” means victimisation that occurs indirectly through the response of institutions and individuals to the victim;

“special measure” means a measure referred to in section 17 or 19;

“specific protection need” means a particular need of a victim which is identified by an assessment;

“victim” means a natural person who has suffered harm, including physical, mental or emotional harm or economic loss, which was directly caused by an offence.

(2) Subject to section 3, a reference to a victim in this Act shall, where the death of a victim is caused directly by an offence, be construed as a reference to a family member provided that the family member concerned has not been charged with, or is not under investigation for, an offence in connection with the death of the victim.

(3) Where the age of a victim is uncertain but there is reason to believe that the victim is a child, he or she shall be presumed to be a child for the purposes of this Act, unless the contrary is proved.

(4) For convenience of expression, where, in this Act, a reference is made to “Garda Síochána” (and the context is the whole or part of that police force) a construction employing the singular form is used.

3. Nomination of family members

3. Where the death of a victim is caused directly by an offence and more than one family member of the victim seeks to avail himself or herself of a right under this Act in respect of the offence, the Garda Síochána, the F6[Police Ombudsman], the Director of Public Prosecutions, the Irish Prison Service, the director of a children detention school or the clinical director of a designated centre, as the case may be, may—

(a) request that the family members concerned nominate a family member to avail himself or herself of the right, or

(b) where the family members are unable to reach agreement in respect of a nomination under paragraph (a), nominate one or more family members for the purposes of availing of the right concerned, having regard to the degree of relationship between the family members and the victim.

4. Application of Act

4. (1) The provisions of this Act shall not apply to a decision referred to in section 8(2)(c), (d), (e) or (f) which is made before the commencement of the provisions concerned.

(2) The application of this Act is not dependent on the commission of an offence having to be established (nor is it dependent on establishing whether the person concerned suffered any harm caused by an offence).

5. Expenses

5. The expenses incurred by—

(a) the Minister,

(b) the Garda Síochána,

(c) the Director of Public Prosecutions,

(d) the Courts Service,

(e) the Minister for Children and Youth Affairs, and

(f) the Minister for Health,

in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

6. Repeal of provisions of Criminal Law (Sexual Offences) Act 2017

6. The following provisions of the Criminal Law (Sexual Offences) Act 2017 are repealed:

(a) section 36, save in so far as it inserts section 14C in the Criminal Evidence Act 1992;

(b) section 38.

PART 2 Right to Information

7. Information on first contact

7. (1) Subject to subsection (2), where a victim first contacts or is contacted by the Garda Síochána or the F7[Police Ombudsman] in relation to an alleged offence, the Garda Síochána or the F7[Police Ombudsman], as the case may be, shall offer the victim information relating to the following:

(a) services providing support for victims including, where relevant, appropriate specialist services (which may include psychological support services) and services providing alternative accommodation;

(b) the procedure for making a complaint in relation to an offence;

(c) where any enquiries by a victim relating to a complaint which he or she has made may be addressed;

(d) the circumstances in which a victim may be entitled to assistance in the form of interpretation and translation;

(e) the role of the victim in the criminal justice process;

(f) any particular measures, procedures or arrangements which are available to victims who are resident in a Member State other than the Member State where the alleged offence was committed;

(g) any particular measures, procedures or arrangements which are available to a victim who is a child;

(h) how and under what conditions a victim may obtain protection including by way of protection measures;

(i) any scheme relating to compensation for injuries suffered as a result of a crime;

(j) the power of a court to make a compensation order under section 6 of the Act of 1993;

(k) a victim’s right to give evidence or make submissions under section 5 of the Act of 1993;

(l) the procedures for making a complaint to the Garda Síochána, the F7[Police Ombudsman], the Director of Public Prosecutions, the Courts Service, the Irish Prison Service, the director of a children detention school or the clinical director of a designated centre, as the case may be, in respect of any alleged breach of rights or obligations arising under this Act;

(m) restorative justice schemes, where available;

(n) the types of cases in which legal advice and legal aid may be available to a victim;

(o) any entitlement to expenses arising from the participation of a victim in any proceedings relating to an offence.

(2) The extent and detail of information offered to a victim under subsection (1) shall be determined by the Garda Síochána or the F7[Police Ombudsman], as the case may be, by reference to the type or nature of the alleged offence and any specific needs and personal circumstances of the victim which are identified.

(3) Where a victim requests any information which is offered to him or her under subsection (1)—

(a) he or she may specify in his or her request whether the information is to be provided orally or in writing, including by electronic means, and

(b) he or she shall be provided with such information—

(i) as soon as practicable, and

(ii) in so far as is practicable, in the manner specified in his or her request.

(4) Subject to subsection (5), a victim may be accompanied by a person or persons of his or her choice, including his or her legal representative, when contacting the Garda Síochána or the F7[Police Ombudsman] for the first time in respect of an alleged offence.

(5) Where a member of the Garda Síochána or an officer of the F7[Police Ombudsman], as the case may be, reasonably believes that the presence of a person referred to in subsection (4), including a legal representative, would be contrary to the best interests of the victim or would prejudice any investigation or criminal proceedings regarding the alleged offence, the member of the Garda Síochána or officer of the F7[Police Ombudsman], as the case may be, may require that the person absent himself or herself prior to the member or officer concerned engaging further with the victim.

(6) Where a member of the Garda Síochána or an officer of the F7[Police Ombudsman], as the case may be, decides to exclude a person from accompanying a victim pursuant to subsection (5), the member or officer, as the case may be, shall inform the victim that subsection (4) continues to apply and he or she may be accompanied by another person under that subsection and may make such arrangements as are necessary to be so accompanied.

(7) A record shall be kept by the Garda Síochána and the F7[Police Ombudsman] of any decision to exclude a person under subsection (5) and such record shall include the reasons for that decision.

(8) A member of the Garda Síochána or an officer of the F7[Police Ombudsman] who engages with a victim under this section shall ensure that matters in respect of any information offered to and requested by a victim are recorded in accordance with any procedure specified by the Garda Síochána or the F7[Police Ombudsman], as the case may be.

(9) A member of the Garda Síochána or an officer of the F7[Police Ombudsman], as the case may be, may, where a victim consents, arrange for the victim to be referred to an appropriate, and where relevant specialist, service which provides support for victims.

8. Information regarding investigations and criminal proceedings

8. (1) Where the Garda Síochána or the F8[Police Ombudsman] is investigating an alleged offence, a member of the Garda Síochána or an officer of the F8[Police Ombudsman], as the case may be, shall, where a victim of the alleged offence is identified—

(a) inform the victim of his or her right to—

(i) make a request under subsection (2), and

(ii) amend a request referred to in subparagraph (i) at any time (in this section referred to as an “amended request”),

and

(b) inform the victim of the relevant procedures for making a request or an amended request under this section.

(2) A victim of an alleged offence may, during the course, or at the conclusion, of an investigation of the alleged offence or following any subsequent criminal proceedings relating to the offence concerned, request the following information from the Garda Síochána, the F8[Police Ombudsman], the Director of Public Prosecutions, the Irish Prison Service, the director of a children detention school or the clinical director of a designated centre, as the case may be:

(a) information relating to any significant developments in the investigation of the alleged offence, including:

(i) the arrest of a person;

(ii) the charging of a person;

(iii) the release on bail of a person and, where a person has entered into a recognisance admitting him or her to bail, any conditions of such recognisance which relate to the victim;

(iv) the remand in custody of a person who has been charged;

(b) a copy of any statement or submission made by the victim—

(i) during the course of the investigation, or

(ii) under section 5 of the Act of 1993;

(c) information regarding a decision not to proceed with, or to discontinue, the investigation and a summary of the reasons for the decision;

(d) information regarding—

(i) a decision not to prosecute a person for the alleged offence and a summary of the reasons for the decision,

(ii) the victim’s right to request a review of a decision referred to in subparagraph (i) and the procedure for requesting the review;

(e) information regarding a decision to discontinue the prosecution of a person for the alleged offence and a summary of the reasons for the decision;

(f) information regarding a decision to deal with a person otherwise than by trial of the person in respect of the alleged offence and a summary of the reasons for the decision;

(g) where a person is charged in respect of the alleged offence, information regarding—

(i) the nature of the offence with which he or she is charged, and

(ii) the date and place of his or her trial;

(h) where a person is convicted in respect of the alleged offence, information regarding—

(i) the date of sentencing, where applicable, and

(ii) the date and place of any appeal by him or her or the prosecution, as the case may be, arising from the trial;

(i) information regarding any determination made under section 4 of the Act of 2006 in respect of a person;

(j) information regarding a final judgment in any trial of a person in respect of the alleged offence (and, as the case may be, any further judgment on appeal), including:

(i) where such trial is not a trial by jury, a summary of the reasons given for the judgment;

(ii) where the person is convicted of the offence, the sentence imposed on the person, if any;

(iii) any orders made by the court related to, or ancillary to, the judgment;

(k) where a person is arrested and is detained in custody by the Garda Síochána, information regarding any release or escape of the person from custody;

(l) where a person has been remanded in custody, information regarding any release or escape of the person from custody while on remand;

(m) where a person is convicted of an offence and a sentence of imprisonment is imposed on him or her, information regarding—

(i) the year and month in which the person is expected to be released from prison,

(ii) any temporary release of the person under section 2 or 3 of the Act of 1960 and any conditions attached to such release which relate to the victim,

F9[(iia) any conditional release of the person under section 2A of the Act of 1960 and any conditions attached to such release which relate to the victim,]

(iii) any transfer of the person while in custody to or from a prison, designated centre, court, hospital or any other place,

F9[(iiia) without prejudice tosubparagraph (iii)—

(I) any application to the Minister under section 4 of the Transfer of Sentenced Persons Act 1995 to transfer the person out of the State in order to serve the sentence or the balance thereof in another Convention state (within the meaning of that Act) and any transfer of the person out of the State in accordance with that Act, or