Criminal Justice (Victims of Crime) Act 2017

11.

Limitation on provision of information

11. (1) Nothing in this Act shall be construed as requiring the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, the director of a children detention school or a clinical director of a designated centre to disclose any information the disclosure of which could—

(a) interfere with the investigation of an alleged offence,

(b) prejudice ongoing or future criminal proceedings in respect of an alleged offence,

(c) endanger the personal safety of any person, or

(d) endanger the security of the State.

(2) A decision not to provide information to a victim which has been requested by the victim under section 8 , shall be made by—

(a) a member of the Garda Síochána not below the rank of superintendent,

(b) an officer of the Ombudsman Commission authorised for that purpose,

(c) an officer of the Director of Public Prosecutions authorised for that purpose,

(d) an officer of the Irish Prison Service authorised for that purpose,

(e) a member of staff of the children detention school in which a person is detained who has been authorised for that purpose by the director of the children detention school concerned, or

(f) the clinical director of the designated centre to which an alleged offender has been committed under the Act of 2006,

as the case may be.

(3) Where information is not provided to a victim pursuant to subsection (1), a record of the reasons for not providing the information shall be kept by the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, the director of the children detention school or the clinical director of the designated centre concerned, as the case may be.