Criminal Justice (Victims of Crime) Act 2017
Number 28 of 2017
CRIMINAL JUSTICE (VICTIMS OF CRIME) ACT 2017
REVISED
Updated to 15 December 2021
This Revised Act is an administrative consolidation of the Criminal Justice (Victims of Crime) Act 2017. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Criminal Justice (Smuggling of Persons) Act 2021 (42/2021), enacted 15December 2021, and all statutory instruments up to and including the Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2021 (S.I. No. 694 of 2021), made 10 December 2021, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 28 of 2017
CRIMINAL JUSTICE (VICTIMS OF CRIME) ACT 2017
REVISED
Updated to 15 December 2021
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Parole Act 2019 (28/2019)
• Domestic Violence Act 2018 (6/2018)
All Acts up to and including Criminal Justice (Smuggling of Persons) Act 2021 (42/2021), enacted 15 December 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2021 (S.I. No. 694 of 2021)
• Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2018 (S.I. No. 173 of 2018)
• Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2017 (S.I. No. 530 of 2017)
All statutory instruments up to and including Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2021 (S.I. No. 694 of 2021), made 10 December 2021, were considered in the preparation of this revision.
Number 28 of 2017
CRIMINAL JUSTICE (VICTIMS OF CRIME) ACT 2017
REVISED
Updated to 15 December 2021
CONTENTS
Preliminary
1. Short title and commencement
3. Nomination of family members
6. Repeal of provisions of Criminal Law (Sexual Offences) Act 2017
Right to Information
7. Information on first contact
8. Information regarding investigations and criminal proceedings
9. Decisions regarding prosecution of offences
10. Review of decisions in relation to prosecutions
11. Limitation on provision of information
Protection of Victims During Investigations and Criminal Proceedings
13. Offence occurring outside State
14. Conduct of interviews and medical examinations
16. Application of protection measures and special measures during investigations
17. Special measures during investigations
19. Special measures during criminal proceedings
21. Questioning in respect of private life of victim
22. Communication, interpretation and translation
23. Refusal of request for interpretation or translation
24. Review of decision to refuse request for interpretation or translation
25. Effect of refusal of interpretation and translation
Amendments
27. Amendment of section 20 of Criminal Justice Act 1951
28. Amendment of section 4I of Criminal Procedure Act 1967
29. Amendment of section 6 of Criminal Law (Rape) Act 1981
30. Amendment of Criminal Evidence Act 1992
31. Amendment of section 5 of Criminal Justice Act 1993
32. Amendment of section 4 of Bail Act 1997
33. Amendment of Courts Service Act 1998
34. Amendment of Children Act 2001
35. Amendment of section 8 of Criminal Justice (Female Genital Mutilation) Act 2012
General
Acts Referred to
Bail Act 1997 (No. 16)
Child Trafficking and Pornography Act 1998 (No. 22)
Children Act 2001 (No. 24)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Courts Service Act 1998 (No. 8)
Criminal Evidence Act 1992 (No. 12)
Criminal Justice (Female Genital Mutilation) Act 2012 (No. 11)
Criminal Justice Act 1951 (No. 2)
Criminal Justice Act 1960 (No. 27)
Criminal Justice Act 1993 (No. 6)
Criminal Justice Act 2006 (No. 26)
Criminal Justice Act 2007 (No. 29)
Criminal Law (Human Trafficking) Act 2008 (No. 8)
Criminal Law (Insanity) Act 2006 (No. 11)
Criminal Law (Rape) Act 1981 (No. 10)
Criminal Law (Sexual Offences) Act 2017 (No. 2)
Criminal Procedure Act 1967 (No. 12)
Domestic Violence Act 1996 (No. 1)
Garda Síochána Act 2005 (No. 20)
Interpretation Act 2005 (No. 23)
Non-Fatal Offences Against the Person Act 1997 (No. 26)
Prisons Act 2007 (No. 10)
Prosecution of Offences Act 1974 (No. 22)
Number 28 of 2017
CRIMINAL JUSTICE (VICTIMS OF CRIME) ACT 2017
REVISED
Updated to 15 December 2021
An Act to give effect to provisions of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 20121 OJ No. L315, 14. 11. 2012, p.57 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA; for that purpose to amend the Criminal Justice Act 1951, the Criminal Procedure Act 1967, the Criminal Law (Rape) Act 1981, the Criminal Evidence Act 1992, the Criminal Justice Act 1993, the Bail Act 1997, the Courts Service Act 1998, the Children Act 2001, the Criminal Justice (Female Genital Mutilation) Act 2012 and the Criminal Law (Sexual Offences) Act 2017; and to provide for related matters.
[5th November, 2017]
Be it enacted by the Oireachtas as follows: