Criminal Justice (Victims of Crime) Act 2017


Number 28 of 2017


CRIMINAL JUSTICE (VICTIMS OF CRIME) ACT 2017

REVISED

Updated to 1 January 2019


This Revised Act is an administrative consolidation of the Criminal Justice (Victims of Crime) Act 2017. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Central Bank (National Claims Information Database) Act 2018 (42/2018), enacted 27 December 2018, and all statutory instruments up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (Commencement) Order 2019 (S.I. No. 1 of 2019), made 3 January 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 28 of 2017


CRIMINAL JUSTICE (VICTIMS OF CRIME) ACT 2017

REVISED

Updated to 1 January 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1979, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Domestic Violence Act 2018 (6/2018)

All Acts up to and including Central Bank (National Claims Information Database) Act 2018 (42/2018), enacted 27 December 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2018 (S.I. No. 173 of 2018)

Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2017 (S.I. No. 530 of 2017)

All statutory instruments up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (Commencement) Order 2019 (S.I. No. 1 of 2019), made 3 January 2019, were considered in the preparation of this revision.


Number 28 of 2017


CRIMINAL JUSTICE (VICTIMS OF CRIME) ACT 2017

REVISED

Updated to 1 January 2019


CONTENTS

PART 1

Preliminary

1. Short title and commencement

2. Interpretation

3. Nomination of family members

4. Application of Act

5. Expenses

6. Repeal of provisions of Criminal Law (Sexual Offences) Act 2017

PART 2

Right to Information

7. Information on first contact

8. Information regarding investigations and criminal proceedings

9. Decisions regarding prosecution of offences

10. Review of decisions in relation to prosecutions

11. Limitation on provision of information

PART 3

Protection of Victims During Investigations and Criminal Proceedings

12. Complaints

13. Offence occurring outside State

14. Conduct of interviews and medical examinations

15. Assessment of victim

16. Application of protection measures and special measures during investigations

17. Special measures during investigations

18. Appropriate persons

19. Special measures during criminal proceedings

20. Power to exclude public

21. Questioning in respect of private life of victim

22. Communication, interpretation and translation

23. Refusal of request for interpretation or translation

24. Review of decision to refuse request for interpretation or translation

25. Effect of refusal of interpretation and translation

26. Restorative justice

PART 4

Amendments

27. Amendment of section 20 of Criminal Justice Act 1951

28. Amendment of section 4I of Criminal Procedure Act 1967

29. Amendment of section 6 of Criminal Law (Rape) Act 1981

30. Amendment of Criminal Evidence Act 1992

31. Amendment of section 5 of Criminal Justice Act 1993

32. Amendment of section 4 of Bail Act 1997

33. Amendment of Courts Service Act 1998

34. Amendment of Children Act 2001

35. Amendment of section 8 of Criminal Justice (Female Genital Mutilation) Act 2012

PART 5

General

36. Statistics

37. Non-compliance with Act



Number 28 of 2017


CRIMINAL JUSTICE (VICTIMS OF CRIME) ACT 2017

REVISED

Updated to 1 January 2019


An Act to give effect to provisions of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 20121 OJ No. L315, 14. 11. 2012, p.57 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA; for that purpose to amend the Criminal Justice Act 1951, the Criminal Procedure Act 1967, the Criminal Law (Rape) Act 1981, the Criminal Evidence Act 1992, the Criminal Justice Act 1993, the Bail Act 1997, the Courts Service Act 1998, the Children Act 2001, the Criminal Justice (Female Genital Mutilation) Act 2012 and the Criminal Law (Sexual Offences) Act 2017; and to provide for related matters.

[5 th November, 2017]

Be it enacted by the Oireachtas as follows: