Crime victims to receive right to key information on cases

Victims’ rights legislation must pass by November under EU victims’ directive

The Criminal Justice Victims of Crime Bill will give victims of crime a statutory right to be informed when the DPP decides not to prosecute their case and the reasons why. Photograph: Cyril Byrne /The Irish Times
The Criminal Justice Victims of Crime Bill will give victims of crime a statutory right to be informed when the DPP decides not to prosecute their case and the reasons why. Photograph: Cyril Byrne /The Irish Times

Victims of crime are to be given a statutory right to know why the Director of Public Prosecutions does not prosecute their case.

Minister for Justice Frances Fitzgerald will bring the heads of the Criminal Justice Victims of Crime Bill before Cabinet on Tuesday morning.

Ms Fitzgerald will seek priority drafting of the legislation to ensure it is passed by November as required by the European Union.

The Bill will give victims of crime a statutory right to be informed when the DPP decides not to prosecute their case and the reasons why. It will also give them a statutory entitlement to seek a review of the decision.

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The proposed legislation will give victims a legal right to key information from the gardaí when they report the crime. Details on prisoner release may also be given on request.

The Bill allow for people to be assessed for protection when they are the subject of repeat victimisation and retaliation and will form a legislative requirement to assess whether a victim has specific needs in relation to the criminal justice process.

This could mean special interview facilities during the garda investigation or a television link at the time of trial.

It will also formalise and require an assessment of each victims protection needs.

A Department of Justice spokesman said Ms Fitzgerald had held a number of meetings with victim rights groups, gardaí and organisations who work with those affected by crime including the Rape Crisis Centre.

He said the legislation will aim to “put the victim at the heart of the justice system”.

The new victims’ rights legislation needs to be passed by November 16th so that Ireland can comply with its obligations under the European Union victims’ directive, which was adopted at European level in 2012.

The directive includes obligations to protect victims from harm and intimidation and provide access to information, services and compensation.

Ms Fitzgerald said the new legislation would be “a very important mark of a change of approach to victims” and would reposition victims so their needs are central to the criminal justice system.

Speaking about the bill earlier this year, she said: “As a result we can expect to see significant improvements across the board.

“This will go some way to achieving my objective of placing the victim more centrally in the criminal justice process, and not just as a passive observer who is kept informed if someone remembers.”

Ms Fitzgerald will bring the proposals to Cabinet on Tuesday morning for approval.