12. (1) Subject to subsection (2), a victim may be accompanied by a person or persons of his or her choice, including his or her legal representative, when making a complaint.

(2) Where a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, reasonably believes that the presence of a person referred to in subsection (1), 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 in respect of the complaint concerned.

(3) 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 (2), the member or officer, as the case may be, shall inform the victim that subsection (1) 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.

(4) A record shall be kept by the Garda Síochána and the Ombudsman Commission of any decision to exclude a person from accompanying a victim pursuant to subsection (2) and such record shall include the reasons for that decision.

(5) The member of the Garda Síochána or the officer of the Ombudsman Commission to whom a complaint is made shall arrange for the victim to be provided with a written acknowledgement of his or her complaint.

(6) A written acknowledgement referred to in subsection (5) shall include the basic elements of any alleged offence and information on where enquiries by a victim relating to the complaint may be addressed.

(7) Where a victim does not understand the language in which the acknowledgement of a complaint is written, the victim may request a translation of the written acknowledgement in a language that he or she understands.

(8) A translation referred to in subsection (7)—

(a) shall be provided by the Garda Síochána or the Ombudsman Commission, as the case may be, as soon as practicable and free of charge to the victim, and

(b) may be provided orally or in writing, including by electronic means.