Criminal Justice (Victims of Crime) Act 2017

16.

Application of protection measures and special measures during investigations

16. (1) A member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, in charge of an investigation of an alleged offence shall—

(a) subject to subsection (2), comply with a direction under section 15(8)(b) , and

(b) provide information to the victim on any protection measures and special measures specified in the direction to be implemented during the course of the investigation.

(2) Where a member of the Garda Síochána or an officer of the Ombudsman Commission in charge of the investigation of an alleged offence receives a direction under section 15(8)(b) and is unable, due to considerations of a legal, practical or operational nature, to comply with the direction or any part of it, he or she shall, as soon as practicable, notify the member of the Garda Síochána or the officer of the Ombudsman Commission, as the case may be, who gave the direction of that fact and the reasons why the direction or any part of it cannot be complied with.

(3) A notification referred to in subsection (2) shall be in writing.

(4) Where during the course of an investigation of an alleged offence, the member of the Garda Síochána or the officer of the Ombudsman Commission in charge of the investigation becomes aware that any of the matters referred to in section 15 (2) in respect of the victim of the alleged offence have changed significantly, the member or officer concerned shall arrange for a further assessment under section 15 to be carried out in respect of the victim in order to determine—

(a) where no specific protection needs were previously identified in respect of the victim during the course of an assessment, whether the needs of the victim are such that he or she might benefit from particular protection measures or special measures during the course of the investigation of, or any criminal proceedings relating to, the alleged offence, or

(b) where specific protection needs were previously identified in respect of the victim during the course of an assessment—

(i) whether any protection measure or special measure identified during the course of the assessment is no longer required, and

(ii) whether the needs of the victim are such that he or she might benefit from further protection measures or special measures during the course of the investigation of, or any criminal proceedings relating to, the alleged offence.

(5) Section 15 shall apply with necessary modifications to an assessment referred to in subsection (4).

(6) An officer of the Ombudsman Commission in charge of an investigation of an alleged offence may—

(a) where a report under section 15 (5) provides that a victim would benefit from a protection measure during the course of the investigation, and

(b) where the Ombudsman Commission is unable, due to considerations of a legal, practical or operational nature, to implement the protection measure,

request that the protection measure concerned be implemented by the Garda Síochána.

(7) Where the Garda Síochána receives a request under subsection (6) from the Ombudsman Commission, the Garda Síochána shall—

(a) subject to subsection (8), implement the protection measure which is the subject of the request, and

(b) as soon as practicable, notify the Ombudsman Commission of the steps that are being, or will be, taken to implement the protection measure which is the subject of the request.

(8) Where the Garda Síochána receives a request under subsection (6) and is unable, due to legal, operational or practical constraints, to implement the protection measure concerned or any part of it, the Garda Síochána shall, as soon as practicable, notify the Ombudsman Commission in writing of that fact and the reasons why the protection measure concerned or any part of it cannot be implemented.

(9) A record shall be kept by the Garda Síochána and the Ombudsman Commission of—

(a) any information provided to a victim under subsection (1)(b), and

(b) any requests made, or notifications given, under this section.