Ensuring that all victims receive the supports and protections that they need is important for me as Minister for Justice, Home Affairs and Migration.
Section 8 of the Criminal Justice (Victims of Crime) Act 2017 transposes Article 6 of EU Directive 2012/29/EU (‘the Victims Directive’) establishing minimum standards on the rights, support and protection of victims of crime. Section 8 of the Act relates to a victim’s right to receive information about their case.
Political agreement between the Council of the European Union and European Parliament has been reached on an amending Victims’ Rights Directive and the text is currently being finalised for formal adoption. That is expected to happen shortly.
Ireland has actively engaged in those negotiations. In many respects, the enhanced provisions reflect practices that are already in place nationally under existing legislation and policy.
The Criminal Justice (Victims of Crime) Act 2017 sets out the supports afforded to victims of crime by relevant agencies and authorities including An Garda Síochána at the earliest stage of the investigation.
Section 8 primarily relates to information during the investigation and prosecution phases. Section 8 also distinguishes between general information about rights and supports, and additional case-specific information which may be provided where requested by a victim.
Post-conviction information is managed through separate arrangements within the criminal justice system, including Garda victim liaison mechanisms and relevant operational procedures within the Irish Prison Service and Probation Service, where applicable.
Implementation of their obligations to provide information under the 2017 Act is a matter for the relevant organisations.
This system is supported by structured information materials. This includes the Victims Charter, which helps victims of crime find the support they might need, and also clearly describes each likely interaction with the Criminal Justice System so that victims of crime can understand what to expect and what they are entitled to.
The Charter, its accompanying website at victimscharter.ie, and the Know Your Rights national awareness campaign on these resources are developed and maintained by my Department.
While no review is currently being undertaken or planned nationally, once the text of the amending Victims’ Rights Directive has been finalised and adopted, officials in my Department will, as a matter of standard practice, review our victims’ rights legislation and policies during the transposition process. It is anticipated that this process will include consideration of whether additional guidelines or protocols are required to further improve cooperation and coordination in realising victims’ rights, including in relation to the provision of information.
This will also include consideration of any issues that have affected the right to information in practice.
