Criminal Justice (Victims of Crime) Act 2017

22.

Communication, interpretation and translation

22. (1) The Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Courts Service, the Irish Prison Service, the director of a children detention school and the clinical director of a designated centre, as the case may be, shall, when dealing with a victim ensure that any oral or written communications with the victim are in simple and accessible language and take into account the personal characteristics of the victim including any disability, which may affect the ability of the victim to understand them or be understood.

(2) Subject to section 23 , where a complaint is being made, or before or during an interview with a victim in relation to the investigation of an alleged offence—

(a) the victim requests, or

(b) it appears to a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, that a victim requires,

assistance by way of interpretation, the member or officer concerned shall arrange for interpretation to be provided to the victim.

(3) Subject to section 23 , where, before or during the course of any proceedings in respect of an offence in which a victim of the alleged offence is a witness or is giving evidence under section 5(3) of the Act of 1993—

(a) the victim requests,

(b) it appears to a member of the Garda Síochána or the Director of Public Prosecutions, as the case may be, that the victim requires, or

(c) a court directs that the victim be given,

assistance to understand the proceedings, or to be understood, by way of—

(i) interpretation during any examination or cross-examination of the victim as a witness or when giving evidence under section 5(3) of the Act of 1993, or

(ii) translation of any information which would ordinarily be provided to a witness during the course of a trial or to a person giving evidence under section 5(3) of the Act of 1993,

the Garda Síochána, the Director of Public Prosecutions or the Courts Service, as the case may be, shall make such arrangements regarding interpretation and translation as are considered appropriate in the circumstances or as directed by the court, as the case may be.

(4) Subject to section 23 , assistance by way of interpretation and translation referred to in subsections (2) and (3) shall be provided to a victim as soon as practicable.

(5) Assistance by way of interpretation referred to in subsections (2) and (3) may be provided to a victim in person or by such other means of communication as may be determined by the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions or the court, as the case may be.

(6) Assistance by way of translation referred to in subsection (3) may be provided to a victim orally or in writing, including by electronic means.