CRIMINAL JUSTICE (VICTIMS OF CRIME) ACT 2017

• (i) in subsection (1)(a), by the substitution of “a relevant offence” for “an offence to which this Part applies”,

• (ii) by the insertion of the following subsection after subsection (1):

• “(1A) Subject to section 14AA, where—

  • (a) a person is accused of an offence, other than a relevant offence, and

  • (b) a victim of the offence who is under 18 years of age, is giving, or is to give, evidence through a live television link,

  the court may, on the application of the prosecution or the accused, if satisfied that the interests of justice require that any questions to be put to the victim be put through an intermediary, direct that any such questions be so put.”,

and

• (iii) in subsection (3), by the insertion of “or (1A)” after “subsection (1)”,

• (d) by the insertion of the following section after section 14:

“Placement of screen etc. for giving of evidence

14A. (1) Where a person who is under 18 years of age is to give evidence other than through a live television link in respect of a relevant offence, the court may, on the application of the prosecution or the accused, direct that a screen or other similar device be positioned, in an appropriate place, so as to prevent the witness from seeing the accused when giving evidence, unless the court is satisfied that in all the circumstances of the case such a direction would be contrary to the interests of justice.

• (2) Subject to section 14AA, where—

  • (a) a person who is a victim of an offence, other than a relevant offence, is under 18 years of age and the person is to give evidence, other than through a live television link, in respect of the offence, or

  • (b) a person who is a victim of any offence has attained the age of 18 years and the person is to give evidence, other than through a live television link, in respect of such an offence,

  the court may, on the application of the prosecution or the accused, if satisfied that the interests of justice so require, direct that a screen or other similar device be positioned, in an appropriate place, so as to prevent the victim from seeing the accused when giving evidence.

• (3) A witness giving evidence under subsection (1) or (2) shall be capable of seeing and hearing and being seen and heard by—

  • (a) the judge and jury (if any),

  • (b) legal representatives acting in the proceedings,

  • (c) any interpreter, intermediary appointed under section 14 or any other person appointed to assist the witness,

  and shall be capable of being heard by the accused.”,

• (e) by the insertion of the following section after section 14A:

“Matters to be taken into account under sections 13, 14 and 14A regarding victims

14AA. The court, in deciding—

• (a) whether to grant leave under section 13(1A) for a victim to give evidence through a live television link,

• (b) whether, under section 14(1A), the interests of justice require that it direct that questions be put to the victim through an intermediary, or

• (c) whether, under section 14A(2), the interests of justice require that it direct that a screen or other similar device be positioned, in an appropriate place, so as to prevent the victim from seeing the accused when giving evidence,

shall have regard to the need to protect the victim from secondary and repeat victimisation, intimidation or retaliation, taking into account—

- (i) the nature and circumstances of the case, and

- (ii) the personal characteristics of the victim.”,

• (f) by the insertion of the following section after section 14AA:

“Wigs and gowns

14B. Where a person who is under 18 years of age—

• (a) is giving evidence in respect of a relevant offence, or

• (b) is giving evidence in respect of any other offence of which he or she is a victim,

neither the judge nor the barrister or solicitor concerned in the examination of the witness shall wear a wig or gown.”,

• (g) in paragraph (a) of section 14C(1), by the substitution of “a relevant offence” for “an offence to which this Part applies”,

• (h) in section 15(1)—

• (i) in paragraph (a), by the deletion of “who is charged with an offence to which this Part applies”,

• (ii) in paragraph (b)—

• (I) by the deletion of “the person in respect of whom the offence is alleged to have been committed, or” and

• (II) by the substitution of “section 16(1)(b)” for “section 16(1)(b)(ii)”,

• (i) in section 16(1)—

• (i) in paragraph (a), by the substitution of “a relevant offence” for “an offence to which this Part applies”, and

• (ii) in paragraph (b), by the substitution of the following subparagraph for subparagraph (i):

• “(i) by a person who is under 18 years of age in relation to an offence of which he or she is a victim, or”,

• (j) in section 17—

• (i) by the deletion of “to which this Part applies”, and

• (ii) by the substitution of “through a live television link or by means of a videorecording or that a screen or other similar device be used in the giving of evidence” for “through a live television link or by means of a videorecording”,

• (k) by the substitution of the following section for section 18:

“Identification evidence

18. Where a person (in this section referred to as ‘the witness’)—

• (a) gives evidence in respect of a relevant offence, or

• (b) gives evidence in respect of any other offence of which he or she is a victim,

through a live television link pursuant to section 13(1) or (1A) or using a screen or other similar device pursuant to section 14A, then—

- (i) in case evidence is given that the accused was known to the witness before the date on which the offence is alleged to have been committed, the witness shall not be required to identify the accused at the trial of the offence, unless the court in the interests of justice directs otherwise, and

- (ii) in any other case, evidence by a person other than the witness that the witness identified the accused at an identification parade as being the offender shall be admissible as evidence that the accused was so identified.”,

• (l) in section 19—

• (i) by the substitution of “sections 14, 14B, 15 and 16” for “sections 13(1)(a), 14(1)(b), 15(1)(b) and 16(1)(a) and (b)(ii)”,

• (ii) by the deletion of “and the reference in section 16(1)(b)(i) to a person under 14 years of age”, and

• (iii) by the substitution of “a mental disorder, within the meaning of section 5 of the Criminal Justice Act 1993,” for “mental handicap”,

• (m) in section 19A(13), by the substitution of “subsection (11)” for “subsection (12)”, and

• (n) in section 29, by the substitution of “section 13(1) and (1A)” for “section 13(1)”.

31. Amendment of section 5 of Criminal Justice Act 1993

31. The Act of 1993 is amended in section 5—

• (a) by the substitution of the following for subsection (1):

• “(1) This section applies to an offence where a natural person in respect of whom the offence has been committed, has suffered harm, including physical, mental or emotional harm, or economic loss, which was directly caused by that offence.”,

and

• (b) in subsection (6)—

• (i) by the substitution of the following definition for the definition of “family member”:

“ ‘family member’, in relation to a person in respect of whom an offence is committed, means—

• (a) a spouse, civil partner or cohabitant of the person,

• (b) a child or step-child of the person,

• (c) a parent or grandparent of the person,

• (d) a brother, sister, half brother or half sister of the person,

• (e) a grandchild of the person,

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

• (g) any other person—

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

  • (ii) who a court considers has or, where the person is deceased, had a sufficiently close connection with that person as to warrant his or her being treated as a family member;”,

and

• (ii) by the insertion of the following definitions:

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

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

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

32. Amendment of section 4 of Bail Act 1997

32. Section 4 of the Bail Act 1997 is amended—

• (a) by the insertion of the following subsection after subsection (2):

• “(2A) Subsection (2) is without prejudice to the right of—

  • (a) a parent, relative or friend of a person in respect of whom the offence is alleged to have been committed (in this subsection referred to as ‘the relevant person’), or

  • (b) a support worker chosen by the relevant person,

  to remain in court, where the relevant person gives evidence pursuant to section 9A, for the duration of such evidence.”.

• (b) in subsection (5), by the insertion of the following definition:

“ ‘support worker’ means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of crime.”.

33. Amendment of Courts Service Act 1998

33. The Courts Service Act 1998 is amended—

• (a) in section 2 by the insertion of the following definition:

“ ‘victim’ has the same meaning as it has in section 2 of the Criminal Justice (Victims of Crime) Act 2017;”,

and

• (b) by the insertion of the following section after section 5:

“Victims of crime

5A. In carrying out its functions under paragraphs (d) and (e) of section 5, the Service shall ensure that—

• (a) in so far as is practicable, provision is made during the course of criminal proceedings which are conducted in a court building referred to in section 5(d) for the separation of an offender or an alleged offender and his or her parents, relatives and friends from a victim and his or her parents, relatives and friends such that contact between the parties may be avoided except where necessary for the purposes of the criminal proceedings concerned, and

• (b) a separate waiting area for victims who are involved in criminal proceedings is provided in any building which—

  • (i) is built after the commencement of this section, and

  • (ii) at the time that it is built, is intended to be used as a court building.”.

34. Amendment of Children Act 2001

34. (1) The Act of 2001 is amended—

• (a) in section 3(1), by the insertion of the following definition:

“ ‘secondary victimisation’ has the same meaning as it has in the Criminal Justice (Victims of Crime) Act 2017;”,

• (b) in section 26—

• (i) by the insertion of the following subsection after subsection (1):

• “(1A) Where the Director invites a victim to be present at the administration of a formal caution pursuant to subsection (1), he or she shall ensure that the victim—

  • (a) is provided with full and unbiased information about the process of administering a formal caution and the potential outcomes of the process under this Act, and

  • (b) is informed that he or she may withdraw at any time his or her consent to being so present.”,

and

• (ii) by the insertion of the following subsection after subsection (2):

• “(2A) The member of the Garda Síochána administering the formal caution shall, where a victim is present at the administration of the caution, have regard to the need to safeguard the victim from secondary and repeat victimisation, intimidation or retaliation while the victim is so present.”,

• (c) by the insertion of the following section after section 32:

“Attendance at conference by victim

32A. (1) Where the facilitator invites a victim to be present at a conference pursuant to section 32(4), he or she shall ensure that the victim—

• (a) is provided with full and unbiased information about—

  • (i) the process relating to a conference,

  • (ii) the potential outcomes of the process under this Act, and

  • (iii) the procedures for monitoring the implementation of, and compliance with, an action plan,

  and

• (b) is informed that he or she may withdraw at any time his or her consent to being so present.

• (2) The facilitator shall, where a victim is present at a conference, have regard to the need to safeguard the victim from secondary and repeat victimisation, intimidation or retaliation while the victim is so present.”,

and

• (d) in section 85, by the substitution of “32, 32A,” for “32,”.

35. Amendment of section 8 of Criminal Justice (Female Genital Mutilation) Act 2012

35. Section 8 of the Criminal Justice (Female Genital Mutilation) Act 2012 is amended—

• (a) by the substitution of the following subsection for subsection (2):

• “(2) Subsection (1) is without prejudice to the right of—

  • (a) a parent, relative or friend of the girl or woman in respect of whom the offence is alleged to have been committed or, where the accused person is not of full age, of the accused person, or

  • (b) a support worker chosen by the girl or woman referred to in paragraph (a),

  to remain in court.”,

and

• (b) by the insertion of the following subsection after subsection (3):

• “(4) In this section, ‘support worker’ means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of crime.”.

PART 5 General

36. Statistics

36. (1) The Garda Síochána, the F25[Police Ombudsman] and the Courts Service shall—

• (a) compile and store statistical information relating to the operation of this Act, and

• (b) provide that statistical information to the Minister,

in such manner and at such intervals as may be specified by the Minister.

• (2) The director of a children detention school shall—

• (a) compile and store statistical information relating to the operation of this Act, and

• (b) provide that statistical information to the Minister for Children and Youth Affairs,

in such manner and at such intervals as may be specified by the Minister for Children and Youth Affairs.

• (3) The clinical director of a designated centre shall—

• (a) compile and store statistical information relating to the operation of this Act, and

• (b) provide that statistical information to the Minister for Health,

in such manner and at such intervals as may be specified by the Minister for Health.

• (4) Subsections (1), (2) and (3) are without prejudice to any obligations that the Garda Síochána, the F25[Police Ombudsman], the Courts Service, the director of a children detention school and the clinical director of a designated centre may have to compile, store and provide statistical information to the Central Statistics Office, the Minister, the Minister for Children and Youth Affairs or the Minister for Health under any other enactment.

37. Non-compliance with Act

37. (1) A failure by an individual to observe any provision of this Act shall not of itself—

• (a) render him or her liable to any criminal or civil proceedings,

• (b) prevent any criminal or civil proceedings relating to an offence from being instituted or prosecuted, or

• (c) affect the lawfulness of—

• (i) the custody of a person in relation to an offence, or

• (ii) the admissibility of any evidence in a trial of a person for an offence.

• (2) For the purposes of subsection (1), “criminal or civil proceedings” does not include disciplinary proceedings.