Criminal Evidence Act 1992

PART III

Evidence in Certain Proceedings

F7 [ Interpretation and application - Part III

12

12. (1) In this Part

family member , in relation to a victim, means

(a) a spouse, civil partner or cohabitant of the victim,

(b) a child or step-child of the victim,

(c) a parent or grandparent of the victim,

(d) a brother, sister, half brother or half sister of the victim,

(e) a grandchild of the victim,

(f) an aunt, uncle, nephew or niece of the victim, and

(g) any other person

(i) who is or, where the victim is deceased, was dependent on the victim, or

(ii) 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) a sexual offence;

(b) an offence involving violence or the threat of violence to a person;

(c) an offence under section 3 , 4 , 5 or 6 of the Child Trafficking and Pornography Act 1998 ;

(d) an offence under section 2 , 4 or 7 of the Criminal Law (Human Trafficking) Act 2008 ;

F8 [ (da) an offence under section 33 , 38 or 39 of the Domestic Violence Act 2018; ]

(e) an offence consisting of attempting or conspiring to commit, or of aiding or abetting, counselling, procuring or inciting the commission of, an offence mentioned in paragraph (a) , (b) , F9 [ (c) , (d) or (da) ] ;

victim means

(a) 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

(b) 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.

(2) 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). ]

Annotations:

Amendments:

F7

Substituted (30.05.2018) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 30(a), S.I. No. 173 of 2018.

F8

Inserted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 44(a), S.I. No. 532 of 2018.

F9

Substituted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 44(b), S.I. No. 532 of 2018.

Editorial Notes:

E16

Previous affecting provision: section substituted (7.06.2008) by Criminal Law (Human Trafficking) Act 2008 (8/2008), s. 12(b), commenced as per s. 15(2); substituted as per F-note above.

E17

Previous affecting provision: section amended (29.07.1998) by Child Trafficking and Pornography Act 1998 (22/1998), s. 10, commenced as per s. 1(2); section substituted as per F-note above.