Table of Contents
Courts Buildings
In carrying out its functions, the Service shall ensure that—
- in so far as is practicable, provision is made during the course of criminal proceedings which are conducted in a court building 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
- a separate waiting area for victims who are involved in criminal proceedings is provided in any building which is built after the commencement of the 2017 Act and at the time that it is built, is intended to be used as a court building.
Special measures during criminal proceedings
Where a victim of an alleged offence has been assessed and the Garda Síochána or the Ombudsman Commission have identified specific protection needs in relation to the victim, the Garda Síochána or the Director of Public Prosecutions, as the case may be, shall, in determining whether to make an application to the court for a special measure specified in during the course of any criminal proceedings related to the alleged offence, have regard to the specific protection needs identified in relation to the victim concerned.
The special measures are—
- the exclusion of the public, any portion of the public or any particular person or persons from the court during such criminal proceedings,
- directions regarding the questioning of the victim in respect of his or her private life,
- measures enabling the victim to give evidence through a live television link or an intermediary or enabling a screen or other similar device to be used in the giving of evidence.
Power to exclude public
In any proceedings relating to an offence, where a court is satisfied—
- that the nature or circumstances of the case are such that there is a need to protect a victim of the offence from secondary and repeat victimisation, intimidation or retaliation, and
- it would not be contrary to the interests of justice in the case,
the court may, on the application of the prosecution, exclude from the court during such proceedings—
- the public or any portion of the public, or
- any particular person or persons,
except officers of the court and bona fide representatives of the Press.
This is without prejudice to the right of—
- a parent, relative or friend of the victim,
- a support worker of the victim’s choice,
- where the accused person is under the age of 18 years, a parent, relative or friend of the accused person, or
- an appropriate person to remain in court, and
- the power of a court to exclude the public or any person from the court under any other enactment or rule of law.
A “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.
Questioning in respect of private life of victim
In any proceedings relating to an offence, where a court is satisfied that—
- the nature or circumstances of the case are such that there is a need to protect a victim of the offence from secondary and repeat victimisation, intimidation or retaliation, and
- it would not be contrary to the interests of justice in the case,
the court may give such directions as it considers just and proper regarding any evidence adduced or sought to be adduced and any question asked in cross-examination at the trial, which relates to the private life of a victim and is unrelated to the offence.
Interpretation and application
‘family member’, in relation to a victim, means—
- a spouse, civil partner or cohabitant of the victim,
- a child or step-child of the victim,
- a parent or grandparent of the victim,
- a brother, sister, half-brother or half-sister of the victim,
- a grandchild of the victim,
- an aunt, uncle, nephew or niece of the victim, and
- any other person who is or, where the victim is deceased, was dependent on the victim, or who a court 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;
‘relevant offence’ means—
- a sexual offence;
- an offence involving violence or the threat of violence to a person;
- an offence under section 3 , 4 , 5 or 6 of the Child Trafficking and Pornography Act 1998 ;
- an offence under section 2 , 4 or 7 of the Criminal Law (Human Trafficking) Act 2008 ;
- an offence consisting of attempting or conspiring to commit, or of aiding or abetting, counselling, procuring or inciting the commission of, an offence mentioned above
‘victim’ means—
- a natural person, other than an accused, who has suffered harm, including physical, mental or emotional harm, or economic loss, which was directly caused by an offence, and
- where the death of a person referred to in paragraph (a) is caused directly by the offence, 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 person.
The application of this Part 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).”,
In any proceedings (including proceedings under section 4E or 4F of the Criminal Procedure Act 1967 ) relating to an offence, other than a relevant offence, a court may, grant leave for a victim of the offence to give evidence, whether from within or outside the State, through a live television link.”,
Where a person is accused of an offence, other than a relevant offence, and 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.”,
Placement of Screen for giving evidence
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.
Where—
- 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
- 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 a relevant offence (see above),
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.
A witness giving evidence in this way shall be capable of seeing and hearing and being seen and heard by—
- the judge and jury (if any),
- legal representatives acting in the proceedings,
- any interpreter, intermediary appointed or any other person appointed to assist the witness,
and shall be capable of being heard by the accused.,
Matters to be taken into account regarding victims
The court, in deciding—
- whether to grant leave for a victim to give evidence through a live television link,
- whether, the interests of justice require that it direct that questions be put to the victim through an intermediary, or
- whether, 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—
- the nature and circumstances of the case, and
- the personal characteristics of the victim.”,
Evidence through television links.
A child or a person with a mental disorder in respect of 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, may give evidence, whether from within or outside the State, through a live television link unless the court sees good reason to the contrary.
Any other person in respect of whom an offence has been committed, has suffered harm, including physical, mental or emotional harm, or economic loss, which was directly caused by that offence may, with the leave of the court, under these provisions whether from within or outside the State, through a live television link. Evidence so given shall be video recorded.
While evidence is being so given (except through an intermediary , neither the judge, nor the barrister or solicitor concerned in the examination of the witness, shall wear a wig or gown.
Where a child or a person with a mental disorder 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, having regard to the age or mental condition of the witness, the interests of justice require that any questions to be put to the witness be put through an intermediary, direct that any such questions be so put.
Questions put to a witness through an intermediary under this provision shall be either in the words used by the questioner or so as to convey to the witness in a way which is appropriate to his or her age and mental condition, the meaning of the questions being asked.
An intermediary for the above purposes shall be appointed by the court and shall be a person who, in its opinion, is competent to act as such.
Wigs and gowns
Where a person who is under 18 years of age—
- is giving evidence in respect of a relevant offence, or
- 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.”,
Identification evidence
Where a witness—
- gives evidence in respect of a relevant offence, or
- gives evidence in respect of any other offence of which he or she is a victim,
through a live television link or using a screen or other similar device, then—
- 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
- 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.”,