Victim Input

Restorative justice

In respect of any offence or alleged offence, a body or other person shall administer a restorative justice scheme (in this section referred to as a “scheme”) only if the requirements of this section are complied with.

The offender or alleged offender shall acknowledge the basic facts of the offence committed or offence alleged to have been committed, as the case may be, against the victim, and give his or her free and informed consent to participating in the scheme.

The victim shall receive full and unbiased information about—

• the scheme and the potential outcomes of participating in the scheme,
• the procedures for supervising and implementing any agreement that may be reached between the parties in the context of the scheme, and
• his or her right to withdraw at any time his or her consent to participating in the scheme,

and having received such information, give his or her free and informed consent to participating in the scheme.

Scheme

Where a scheme is administered—

• any agreement between the parties reached in the context of the scheme shall only be so reached on the basis of the free and informed consent of each of the parties,
• an agreement reached in the manner referred to  may, with the consent of both parties, be taken into account by a court in any criminal proceedings relating to the offence or alleged offence which is the subject of the parties’ participation in the scheme, and
• any discussions between the parties which form part of their participation in the scheme and which are not conducted in public shall not be disclosed, save with the agreement of the parties or as required by law.

The body or person which or who administers a scheme shall—

• prior to the commencement of the parties’ participation in the scheme inform them of each of the matters referred to
• be satisfied that the victim’s participation in the scheme is in the interests of the victim, and
• in administering the scheme, have regard to the need to safeguard the victim from secondary and repeat victimisation, intimidation or retaliation.

Evidence from behind a screen or other similar device provides that all victims, and in the case of relevant offences, witnesses under 18, may on application, give evidence from behind a screen or similar device.

There are matters to be taken into account under sections 13, 14 and 14A regarding victims sets out the matters to which the court shall have regard when considering whether to permit a victim give evidence by live television link, via an intermediary or from behind a screen.

Wigs and gowns prohibit the wearing of wigs or gowns in court when a witness under 18, in the case of relevant offences, or a victim under the age of 18, in the case of all other offences, is giving evidence.

Victim Impact

The following 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.

When imposing sentence on a person for an offence concerned, a court shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed. This includes, where, as a result of the offence, that person has died, is ill or is otherwise incapacitated, a family member of that person.

When imposing sentence on a person for such an offence, a court shall, upon application by the person in respect of whom such offence was committed, hear the evidence of the person in respect of whom the offence was committed as to the effect of the offence on such person.

Where the person in respect of whom the offence was committed

• is a child under the age of 14 years, the child, or his or her parent or guardian, may give evidence as to the effect of the offence concerned on that child,
• is a person with a mental disorder (not resulting from the offence concerned), the person or a family member, a person with a mental disorder (not resulting from the offence concerned), who is a child, the person or his or her parent or guardian, may give evidence as to the effect of the offence concerned on that person,
• is a person who is ill or is otherwise incapacitated as a result of the offence, a family member of the person may give evidence as to the effect of the offence concerned on that person and on his or her family members,
• has died as a result of the offence, a family member of the person may give evidence as to the effect of the offence concerned on the person between the commission of the offence and his or her death (where relevant), and  on the family members of the person who has died.

A person who has been convicted of the above types of offence may not give evidence for this purpose  in respect of that offence.

Where more than one family member seeks to avail themselves of the above right, the court may direct the family members to nominate one or more family members for the purpose .

Where the court directs the family members to nominate one or more family members and the family members are unable to reach agreement, the court may, having regard to the degree of relationship between the family members and the person in respect of whom the offence was committed, nominate one or more family members as it considers appropriate.

Where no evidence is given pursuant to the above right, the court shall not draw an inference that the offence had little or no effect (whether long-term or otherwise) on the person in respect of whom the offence was committed or, where appropriate, on his or her family members.

Non-Publication

The court may, in the interests of justice, order that information relating to the above evidence  or a part of it shall not be published or broadcast. If any matter is published or broadcast in contravention, the following persons, namely—

• in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,
• in the case of any other publication, the person who publishes it, and
• in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,

shall be guilty of an offence. A person guilty of the offence shall be liable—

• on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months or to both, or
• on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or to both.

Amendment of Children Act 2001

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

Where the Director invites a victim to be present at the administration of a formal caution  he or she shall ensure that the victim—

• is provided with full and unbiased information about the process of administering a formal caution and the potential outcomes of the process under the Act, and
• is informed that he or she may withdraw at any time his or her consent to being so present.,

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.”,

Attendance at Conference by victim

Where the facilitator invites a victim to be present at a conference pursuant, he or she shall ensure that the victim—

• is provided with full and unbiased information about the process relating to a conference, the potential outcomes of the process, and the procedures for monitoring the implementation of, and compliance with, an action plan, and
• is informed that he or she may withdraw at any time his or her consent to being so present.

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.

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

This is without prejudice to the right of—

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

to remain in court.”,

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.