Criminal Justice (Victims of Crime) Act 2017

8.

Information regarding investigations and criminal proceedings

8. (1) Where the Garda Síochána or the Ombudsman Commission is investigating an alleged offence, a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, shall, where a victim of the alleged offence is identified—

(a) inform the victim of his or her right to—

(i) make a request under subsection (2), and

(ii) amend a request referred to in subparagraph (i) at any time (in this section referred to as an “amended request”),

and

(b) inform the victim of the relevant procedures for making a request or an amended request under this section.

(2) A victim of an alleged offence may, during the course, or at the conclusion, of an investigation of the alleged offence or following any subsequent criminal proceedings relating to the offence concerned, request the following information from the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, the director of a children detention school or the clinical director of a designated centre, as the case may be:

(a) information relating to any significant developments in the investigation of the alleged offence, including:

(i) the arrest of a person;

(ii) the charging of a person;

(iii) the release on bail of a person and, where a person has entered into a recognisance admitting him or her to bail, any conditions of such recognisance which relate to the victim;

(iv) the remand in custody of a person who has been charged;

(b) a copy of any statement or submission made by the victim—

(i) during the course of the investigation, or

(ii) under section 5 of the Act of 1993;

(c) information regarding a decision not to proceed with, or to discontinue, the investigation and a summary of the reasons for the decision;

(d) information regarding—

(i) a decision not to prosecute a person for the alleged offence and a summary of the reasons for the decision,

(ii) the victim’s right to request a review of a decision referred to in subparagraph (i) and the procedure for requesting the review;

(e) information regarding a decision to discontinue the prosecution of a person for the alleged offence and a summary of the reasons for the decision;

(f) information regarding a decision to deal with a person otherwise than by trial of the person in respect of the alleged offence and a summary of the reasons for the decision;

(g) where a person is charged in respect of the alleged offence, information regarding—

(i) the nature of the offence with which he or she is charged, and

(ii) the date and place of his or her trial;

(h) where a person is convicted in respect of the alleged offence, information regarding—

(i) the date of sentencing, where applicable, and

(ii) the date and place of any appeal by him or her or the prosecution, as the case may be, arising from the trial;

(i) information regarding any determination made under section 4 of the Act of 2006 in respect of a person;

(j) information regarding a final judgment in any trial of a person in respect of the alleged offence (and, as the case may be, any further judgment on appeal), including:

(i) where such trial is not a trial by jury, a summary of the reasons given for the judgment;

(ii) where the person is convicted of the offence, the sentence imposed on the person, if any;

(iii) any orders made by the court related to, or ancillary to, the judgment;

(k) where a person is arrested and is detained in custody by the Garda Síochána, information regarding any release or escape of the person from custody;

(l) where a person has been remanded in custody, information regarding any release or escape of the person from custody while on remand;

(m) where a person is convicted of an offence and a sentence of imprisonment is imposed on him or her, information regarding—

(i) the year and month in which the person is expected to be released from prison,

(ii) any temporary release of the person under section 2 or 3 of the Act of 1960 and any conditions attached to such release which relate to the victim,

(iii) any transfer of the person while in custody to or from a prison, designated centre, court, hospital or any other place,

(iv) any escape by the person from custody and any measures which are put in place for the victim’s protection as a result of such escape,

(v) the death of the person concerned while in custody or on temporary release from prison under section 2 or 3 of the Act of 1960;

(n) where, pursuant to section 4(3)(b), 4(5)(c)(i), 4(6)(a), 5(2) or 5(3) of the Act of 2006, a person is committed to a designated centre by a court, other than a court martial, information regarding—

(i) the year and month in which the person is expected to be discharged from the designated centre and whether or not his or her discharge will be subject to conditions,

(ii) any temporary release of the person under section 14 of that Act,

(iii) any transfer of the person to or from a designated centre, prison, court, hospital or any other place,

(iv) any conditions attached to a discharge referred to in subparagraph (i) or a release referred to in subparagraph (ii), which relate to the victim,

(v) the revocation of any conditional discharge of the person under section 13B of that Act,

(vi) any escape by the person from a designated centre, prison, court, hospital or any other place and any measures which are put in place for the victim’s protection as a result of such escape, and

(vii) the death of the person concerned during a period of committal to, temporary release or conditional discharge from, the designated centre;

(o) where a person, who is a child, has been ordered to be detained in a children detention school, information regarding—

(i) the year and month in which the person is expected to be released from the children detention school,

(ii) the transfer of the person from a children detention school to another children detention school or to a prison, court, hospital or any other place,

(iii) any temporary leave granted to the person under section 205 of the Act of 2001,

(iv) any placing out in the community of the person under section 207 of the Act of 2001,

(v) any release of the person under section 209 of the Act of 2001,

(vi) any early discharge of the person under section 210 of the Act of 2001,

(vii) any escape of the person from a children detention school or any other place while in custody, and

(viii) the death of the person concerned during the period of his or her detention.

(3) A victim may submit an amended request in relation to information referred to in subsection (2) to the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, the director of a children detention school or the clinical director of a designated centre, as the case may be.

(4) Subject to section 11 , where the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, the director of a children detention school or the clinical director of a designated centre receives a request or an amended request for information referred to in subsection (2), the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, the director of a children detention school or the clinical director of a designated centre, as the case may be, shall—

(a) make a record of the information requested, and

(b) provide the information, or arrange for the information concerned to be provided, to the victim as soon as practicable.

(5) Subject to section 23 , the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions, as the case may be, shall—

(a) where a request or an amended request referred to in subsection (4) relates to information referred to in paragraph (g) (ii) or paragraph (j) of subsection (2), and

(b) a victim requests, or it appears to the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions, as the case may be, that the victim requires assistance to understand or be understood,

arrange for a translation of the information concerned to be provided, as soon as practicable and free of charge, to the victim either orally or in writing, including by electronic means.

(6) Subject to subsection (7) and section 11 , the following may be transferred between the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, a children detention school or a designated centre, as the case may be:

(a) details of any request or amended request received from a victim;

(b) information which is the subject of a request or an amended request.

(7) Details of a request or an amended request and information which is the subject of the request or the amended request may only be transferred between the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, a children detention school or a designated centre, as the case may be, for the purposes of providing information which is the subject of the request concerned to the victim and shall not be used for any other purpose.

(8) Subsections (6) and (7) are without prejudice to any power or duty which the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, the director of a children detention school or the clinical director of a designated centre may have to provide information to each other under any other enactment or rule of law.