Communication with Victim

Communication

The Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Courts Service, the Irish Prison Service, the director of a children detention school and the clinical director of a designated centre, as the case may be, shall, when dealing with a victim ensure that any oral or written communications with the victim are in simple and accessible language and take into account the personal characteristics of the victim including any disability, which may affect the ability of the victim to understand them or be understood.

Where a complaint is being made, or before or during an interview with a victim in relation to the investigation of an alleged offence—

• the victim requests, or
• it appears to a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, that a victim requires,

assistance by way of interpretation, the member or officer concerned shall arrange for interpretation to be provided to the victim.

Interpretation and translation

Where, before or during the course of any proceedings in respect of an offence in which a victim of the alleged offence is a witness or is giving evidence under a sexual offence , an offence involving violence or the threat of violence to a person, and an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of, such offences

• the victim requests,
• it appears to a member of the Garda Síochána or the Director of Public Prosecutions, as the case may be, that the victim requires, or
• a court directs that the victim be given,

assistance to understand the proceedings, or to be understood, by way of—

• interpretation during any examination or cross-examination of the victim as a witness or when giving evidence or
• translation of any information which would ordinarily be provided to a witness during the course of a trial or to a person giving evidence,

the Garda Síochána, the Director of Public Prosecutions or the Courts Service, as the case may be, shall make such arrangements regarding interpretation and translation as are considered appropriate in the circumstances or as directed by the court, as the case may be.

Assistance by way of interpretation and translation shall be provided to a victim as soon as practicable.  Assistance by way of interpretation  may be provided to a victim in person or by such other means of communication as may be determined by the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions or the court, as the case may be. Assistance by way of translation may be provided to a victim orally or in writing, including by electronic means.

Refusal of request for interpretation or translation

A request by a victim for assistance by way of interpretation or translation may be refused—

• where it appears to the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions, as the case may be, that, during the course of an investigation of an alleged offence or any criminal proceedings relating to that offence, the victim does not require such assistance in order to understand them or to be understood, or
• interfere with the investigation of an alleged offence,
• prejudice ongoing or future criminal proceedings in respect of an alleged offence,
• endanger the personal safety of any person, or
• endanger the security of the State.

Where the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions, as the case may be, refuses a request for assistance by way of interpretation or translation

• the decision and the reasons for it shall be recorded, and
• the victim shall be notified in writing of the decision and provided with a summary of the reasons for that decision as soon as practicable.

Review of decision to refuse

Where a victim receives a notification from the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions, he or she may, within 7 days after the receipt of the notification, submit a request to the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions, as the case may be, for a review of the decision which is the subject of the notification.

The period rmay be extended where the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions, as the case may be, is satisfied that circumstances exist that warrant the extension.

A request for a review shall be made in such form and shall contain such information as the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions, as the case may be, may specify.

Where the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions, as the case may be, carries out a review

• a record of the outcome of the review shall be made, and
• the victim shall be notified in writing of the outcome of that review as soon as practicable.

Effect of refusal of interpretation and translation

A refusal by the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions of a request from a victim of an alleged offence for assistance by way of interpretation or translation shall not operate to prevent, or provide a basis for delaying, the commencement or continuation of any criminal proceedings in respect of the alleged offence.