Information Rights
General
To transpose Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA.
A failure by an individual to observe any provision of this Act shall not of itself—
- render him or her liable to any criminal or civil proceedings,
- prevent any criminal or civil proceedings relating to an offence from being instituted or prosecuted, or
- affect the lawfulness of— the custody of a person in relation to an offence, or the admissibility of any evidence in a trial of a person for an offence.
A ‘Victim’ a natural person who has suffered harm, including physical, mental or emotional harm or economic loss, which was directly caused by an offence. It includes family members of a person who died as a direct result of a crime.
Nomination of family members
Authorities may request family members to nominate a member of the family to avail of the rights under the Directive, or in the event of a dispute, for the relevant authority to nominate one or more family members.
The Act does not apply to criminal proceedings instituted, or decisions to discontinue an investigation or not to institute proceedings made before the commencement of the Act.
Information on first contact
The Act outlines the information a victim is entitled to receive when he or she first makes contact with the Garda Síochána or the Garda Síochána Ombudsman Commission in relation to an alleged offence.
- services providing support for victims including, where relevant, appropriate specialist services (which may include psychological support services) and services providing alternative accommodation;
- the procedure for making a complaint in relation to an offence;
- where any enquiries by a victim relating to a complaint which he or she has made may be addressed;
- the circumstances in which a victim may be entitled to assistance in the form of interpretation and translation;
- the role of the victim in the criminal justice process;
- any particular measures, procedures or arrangements which are available to victims who are resident in a Member State other than the Member State where the alleged offence was committed;
- any particular measures, procedures or arrangements which are available to a victim who is a child;
- how and under what conditions a victim may obtain protection including by way of protection measures;
- any scheme relating to compensation for injuries suffered as a result of a crime;
- the power of a court to make a compensation order under section 6 of the Act of 1993;
- a victim’s right to give evidence or make submissions under section 5 of the Act of 1993;
- the procedures for making a complaint to 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 or the clinical director of a designated centre, as the case may be, in respect of any alleged breach of rights or obligations arising under this Act;
- restorative justice schemes, where available;
- the types of cases in which legal advice and legal aid may be available to a victim;
- any entitlement to expenses arising from the participation of a victim in any proceedings relating to an offence.
Extent
The extent and detail of information offered to a victim shall be determined by the Garda Síochána or the Ombudsman Commission, as the case may be, by reference to the type or nature of the alleged offence and any specific needs and personal circumstances of the victim which are identified.
Where a victim requests any information which is offered to him
- he or she may specify in his or her request whether the information is to be provided orally or in writing, including by electronic means, and
- he or she shall be provided with such information as soon as practicable, and in so far as is practicable, in the manner specified in his or her request.
There is the right of a victim to be accompanied when contacting the authorities and, where a victim consents, enables the authorities refer a victim to victim support services.
Investigations and Criminal Proceedings
The Act sets out the information a victim is entitled to receive during and after any investigation or criminal proceedings. Such information may include any significant developments in the investigation such as the arrest or charging of a suspect, the reasons why an investigation was discontinued or a decision was made not to prosecute and information regarding the imprisonment and release of an offender.
Where the Garda Síochána or the Ombudsman Commission is investigating an alleged offence, a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, shall, where a victim of the alleged offence is identified—
- inform the victim of his or her right to make a request, and amend a request at any time (in this section referred to as an “amended request”),and
- inform the victim of the relevant procedures for making a request or an amended request under this section.
Process Information
A victim of an alleged offence may, during the course, or at the conclusion, of an investigation of the alleged offence or following any subsequent criminal proceedings relating to the offence concerned, request the following information from the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, the director of a children detention school or the clinical director of a designated centre, as the case may be:
- information relating to any significant developments in the investigation of the alleged offence, including:
- the arrest of a person;
- the charging of a person;
- the release on bail of a person and, where a person has entered a recognisance admitting him or her to bail, any conditions of such recognisance which relate to the victim;
- the remand in custody of a person who has been charged;
- a copy of any statement or submission made by the victim—
- during the course of the investigation, or
- under section 5 of the Act of 1993;
- information regarding a decision not to proceed with, or to discontinue, the investigation and a summary of the reasons for the decision;
- information regarding—
- a decision not to prosecute a person for the alleged offence and a summary of the reasons for the decision,
- the victim’s right to request a review of a decision referred to and the procedure for requesting the review;
- information regarding a decision to discontinue the prosecution of a person for the alleged offence and a summary of the reasons for the decision;
- information regarding a decision to deal with a person otherwise than by trial of the person in respect of the alleged offence and a summary of the reasons for the decision;
- where a person is charged in respect of the alleged offence, information regarding—
- the nature of the offence with which he or she is charged, and
- the date and place of his or her trial;
- where a person is convicted in respect of the alleged offence, information regarding—
- the date of sentencing, where applicable, and
- the date and place of any appeal by him or her or the prosecution, as the case may be, arising from the trial;
- information regarding any determination made under section 4 of the Act of 2006 in respect of a person;
- information regarding a final judgment in any trial of a person in respect of the alleged offence (and, as the case may be, any further judgment on appeal), including:
- where such trial is not a trial by jury, a summary of the reasons given for the judgment;
- where the person is convicted of the offence, the sentence imposed on the person, if any;
- any orders made by the court related to, or ancillary to, the judgment;
- where a person is arrested and is detained in custody by the Garda Síochána, information regarding any release or escape of the person from custody;
- where a person has been remanded in custody, information regarding any release or escape of the person from custody while on remand;
- where a person is convicted of an offence and a sentence of imprisonment is imposed on him or her, information regarding—
- the year and month in which the person is expected to be released from prison,
- any temporary release of the person under section 2 or 3 of the Act of 1960 and any conditions attached to such release which relate to the victim,
- any transfer of the person while in custody to or from a prison, designated centre, court, hospital or any other place,
- any escape by the person from custody and any measures which are put in place for the victim’s protection as a result of such escape,
- the death of the person concerned while in custody or on temporary release from prison under section 2 or 3 of the Act of 1960;
- where, a person is committed to a designated centre by a court, other than a court martial, information regarding—
- the year and month in which the person is expected to be discharged from the designated centre and whether or not his or her discharge will be subject to conditions,
- any temporary release of the person
- any transfer of the person to or from a designated centre, prison, court, hospital or any other place,
- any conditions attached to a discharge or release which relate to the victim,
- the revocation of any conditional discharge of the person under section 13B of that Act,
- any escape by the person from a designated centre, prison, court, hospital or any other place and any measures which are put in place for the victim’s protection as a result of such escape, and
- the death of the person concerned during a period of committal to, temporary release or conditional discharge from, the designated centre;
- where a person, who is a child, has been ordered to be detained in a children detention school, information regarding—
- the year and month in which the person is expected to be released from the children detention school,
- the transfer of the person from a children detention school to another children detention school or to a prison, court, hospital or any other place,
- any temporary leave granted to the person under section 205 of the Act of 2001,
- any placing out in the community of the person under section 207 of the Act of 2001,
- any release of the person under section 209 of the Act of 2001,
- any early discharge of the person under section 210 of the Act of 2001,
- any escape of the person from a children detention school or any other place while in custody, and
- the death of the person concerned during the period of his or her detention.
Decision regarding prosecution of offences
Where a victim requests information on a decision not to prosecute, they shall also receive information on the right to seek a review of that decision and information on the procedures for so doing. The Act makes provision for a decision not to prosecute to be reviewed and sets out the applicable procedure.
Where a victim is informed of a decision, he or she may, within 28 days after receiving the information, submit a request to the Garda Síochána or the Director of Public Prosecutions, as the case may be, for a review of the decision concerned. The period may be extended where the Garda Síochána 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 under this section shall be made in such form and shall contain such information as the Garda Síochána or the Director of Public Prosecutions, as the case may be, may specify. Where the Garda Síochána receives a request for a review under this section, it shall arrange for the review to be carried out by a member of the Garda Síochána who is independent of the decision which is the subject of the review.
Where the Director of Public Prosecutions receives a request for a review under this section, the Director of Public Prosecutions shall carry out the review or arrange for the review to be carried out.
The Garda Síochána or the Director of Public Prosecutions, as the case may be, shall notify the victim, or arrange for the victim to be notified, in writing of the outcome of the review as soon as practicable. A written notification may be provided to a victim by electronic means.
Limitation on Provision of Information
The information does not have to be provided to a victim where such information could interfere with an investigation, prejudice proceedings, endanger the personal safety of a person or endanger national security.
A victim may be accompanied when making a criminal complaint and a written acknowledgment of that complaint shall be provided to the victim.
Offence occurring outside the State
A victim who is resident in Ireland, may make a complaint in Ireland in relation to an offence alleged to have been committed in another Member State. That complaint shall then be forwarded to the relevant Member State unless Ireland has jurisdiction in respect of the alleged offence and intends to exercise that jurisdiction.