Criminal Justice (Victims of Crime) Act 2017

14.

Conduct of interviews and medical examinations

14. (1) A member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, in charge of investigating an alleged offence shall, in addition to any special measures relating to interviews under section 17 which he or she may be directed to implement in respect of a victim pursuant to section 15(8)(b) , ensure that—

(a) where a victim of an alleged offence which is the subject of a complaint is a resident of a Member State other than the State, the victim may make a statement immediately after the complaint is made or at such other time as may be agreed with the victim,

(b) any interviews of a victim that may be required in respect of a complaint are carried out as soon as practicable after the complaint is made, and

(c) interviews of the victim are carried out only where necessary for the purpose of investigating the alleged offence.

(2) Subject to subsection (3), a victim may be accompanied by a person or persons of his or her choice, including his or her legal representative, during an interview with the Garda Síochána or the Ombudsman Commission, as the case may be.

(3) Where a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, reasonably believes that the presence at an interview of a person referred to in subsection (2), including a victim’s legal representative, would be contrary to the best interests of the victim or would prejudice any investigation or criminal proceedings regarding an alleged offence, the member or officer, as the case may be, may require that the person concerned absent himself or herself prior to the member or officer engaging further with the victim for the purpose of the interview concerned.

(4) Where a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, decides to exclude a person from accompanying a victim pursuant to subsection (3), the member or officer, as the case may be, shall inform the victim that subsection (2) continues to apply and he or she may be accompanied by another person under that subsection and may make such arrangements as are necessary to be so accompanied.

(5) A record shall be kept by the Garda Síochána and the Ombudsman Commission of any decision to exclude a person from an interview pursuant to subsection (3) and such record shall include the reasons for that decision.

(6) A member of the Garda Síochána or an officer of the Ombudsman Commission in charge of the investigation of an alleged offence shall ensure that any medical examinations of a victim that are arranged by the Garda Síochána or the Ombudsman Commission, as the case may be, are limited to those which are strictly necessary for the purpose of the investigation concerned.