Victims & Investigations
Conduct of interviews
There are requirements in relation to the conduct of interviews and arrangement of medical examinations which apply to all victims. A victim may also choose to be accompanied by a person of their choice at an interview.
Assessment of victim
Some victims, owing to their age or the particularly frightening, distressing or personal nature of the offence may be especially vulnerable.
An individual assessment be carried out for all victims to identify any protection needs a victim may have and to what extent, if any, they may benefit from protection measures intended to safeguard the safety and welfare of a victim or special measures in the course of the investigation or court proceedings.
Protection measures may include the provision of advice regarding the personal safety of the victim or the protection of property, advice regarding safety orders or barring orders, and the making of an application to remand the alleged offender in custody or seeking to have conditions attached to bail.
Special measures during investigations may include interviews being conducted by a specially trained person, by the same person and in premises designed for the purpose of conducting interviews.
Special measures in court proceedings may include making an application under Part III of the Criminal Evidence Act 1992 to enable a victim give evidence via live television link, through an intermediary or from behind a screen or other similar device. The Court may also exclude members of the public from proceedings and restrict questioning regarding a victim’s private life.
A child is presumed to have protection needs and any assessment carried out shall take into account the best interests of the child.
Application of special measures during investigations
A member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, in charge of an investigation of an alleged offence shall provide information to the victim on any protection measures and special measures specified in the direction to be implemented during the course of the investigation.
Where a member of the Garda Síochána or an officer of the Ombudsman Commission in charge of the investigation of an alleged offence receives a direction under and is unable, due to considerations of a legal, practical or operational nature, to comply with the direction or any part of it, he or she shall, as soon as practicable, notify the member of the Garda Síochána or the officer of the Ombudsman Commission, as the case may be, who gave the direction of that fact and the reasons why the direction or any part of it cannot be complied with.
Where during the course of an investigation of an alleged offence, the member of the Garda Síochána or the officer of the Ombudsman Commission in charge of the investigation becomes aware that any of the factors referred to in respect of the victim of the alleged offence have changed significantly, the member or officer concerned shall arrange for a further assessment under section 15 to be carried out in respect of the victim in order to determine—
- where no specific protection needs were previously identified in respect of the victim during the course of an assessment, whether the needs of the victim are such that he or she might benefit from particular protection measures or special measures during the course of the investigation of, or any criminal proceedings relating to, the alleged offence, or
- where specific protection needs were previously identified in respect of the victim during the course of an assessment— whether any protection measure or special measure identified during the course of the assessment is no longer required, and whether the needs of the victim are such that he or she might benefit from further protection measures or special measures during the course of the investigation of, or any criminal proceedings relating to, the alleged offence.
Where the Garda Síochána receives a request and is unable, due to legal, operational or practical constraints, to implement the protection measure concerned or any part of it, the Garda Síochána shall, as soon as practicable, notify the Ombudsman Commission in writing of that fact and the reasons why the protection measure concerned or any part of it cannot be implemented.
A record shall be kept by the Garda Síochána and the Ombudsman Commission of—
- any information provided to a victim and
- any requests made, or notifications given,
Special measures during investigations
The special measures which may be implemented in respect of a victim during the course of an investigation of an alleged offence include the following:
- that any interview with the victim—
- be carried out in premises designed or adapted for that purpose,
- be carried out by or through persons who have been trained for that purpose, and
- where there is more than one interview, be carried out, where possible, by the same member or members of the Garda Síochána or the same officer or officers of the Ombudsman Commission, as the case may be;
- where the alleged offence involves sexual violence, gender-based violence or violence in a close relationship, that the victim be informed of his or her right to request that interviews are carried out by a person of the same sex as him or her.
A special measure which is the subject of a direction shall be made available to a victim unless—
- legal, operational or practical constraints render it impossible to do so,
- during the course of an investigation of an alleged offence by the Garda Síochána or the Ombudsman Commission, as the case may be, there is an urgent need to interview the victim and there are reasonable grounds for believing that a failure to do so may result in harm to the victim or another person,
- the application of a special measure would be prejudicial to a criminal investigation or criminal proceedings, or
- the application of the special measure would be otherwise contrary to the administration of justice.
Appropriate persons
Where a victim is a child, and a parent, guardian or any other person duly authorised to act on the victim’s behalf—
- has been charged with, or is under investigation for, an offence in connection with the victim,
- is, for any other reason, precluded from accompanying the victim,
- is unavailable or cannot be contacted,
- indicates that he or she does not wish to accompany the victim, or
- cannot be identified,
the Garda Síochána or the Ombudsman Commission, as the case may be, shall arrange for the victim to be accompanied by an appropriate person when attending any interviews and court proceedings at which the victim is required to be present.
A member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, shall, in determining who is to be the appropriate person to accompany a child to an interview or court proceedings have regard to any views expressed by the child taking into account his or her age and level of maturity.
Where an appropriate person is appointed to accompany a victim, he or she shall be entitled to remain in court during the whole of any hearing. An “appropriate person” means a relative of the child, or any other person, who is 18 years or over.