15. (1) The Garda Síochána or the Ombudsman Commission, as the case may be, shall, when investigating an alleged offence, carry out an assessment of a victim (in this Act referred to as an “assessment”) for the purpose of—

(a) identifying the protection needs, if any, of the victim,

(b) ascertaining whether and to what extent the victim might benefit from protection measures, and

(c) ascertaining whether and to what extent the victim might, due to his or her particular vulnerability to secondary and repeat victimisation, intimidation and retaliation, benefit from—

(i) special measures during the course of an investigation of the alleged offence, and

(ii) special measures during the course of any criminal proceedings relating to the alleged offence.

(2) A member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, shall, when carrying out an assessment, have regard to the following matters:

(a) the type and nature of the alleged offence;

(b) the circumstances of the commission of the alleged offence;

(c) whether the victim has suffered considerable harm due to the severity of the alleged offence;

(d) the personal characteristics of the victim, including his or her age, gender, gender identity or expression, ethnicity, race, religion, sexual orientation, health, disability, communications difficulties, relationship to, or dependence on, the alleged offender and any previous experience of crime;

(e) whether the alleged offence appears to have been committed with a bias or discriminatory motive, which may be related to the personal characteristics of the victim, including such characteristics as are referred to in paragraph (d);

(f) the particular vulnerability of victims of terrorism, organised crime, human trafficking, gender-based violence, violence in a close relationship, sexual violence or exploitation and victims with disabilities.

(3) The extent of an assessment may be adapted having regard to the severity of an alleged offence and any apparent harm suffered by a victim.

(4) Where, having considered the matters referred to in subsection (2), a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, assesses that a victim has specific protection needs and that in order to protect the victim from any secondary or repeat victimisation, intimidation or retaliation—

(a) the victim would benefit from protection measures,

(b) the victim would benefit from any special measure,

the member or officer, as the case may be, carrying out the assessment shall—

(i) consult with the victim in relation to that assessment, and

(ii) take into account the views of the victim in relation to any protection measures or special measures identified further to the assessment concerned.

(5) A member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, shall report the results of an assessment referred to in subsection (4) to a member of the Garda Síochána not below the rank of superintendent or an officer of the Ombudsman Commission authorised for that purpose by the Ombudsman Commission, as the case may be.

(6) Subject to subsection (7), a report under subsection (5) shall not be required where, further to an assessment of a victim under this section, no specific protection needs are identified in respect of the victim.

(7) For the purposes of an assessment, where a victim is a child—

(a) the child shall be presumed to have protection needs, and

(b) a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, shall, when carrying out an assessment, have regard to the following matters when determining whether and to what extent the child might benefit from protection measures or special measures:

(i) the best interests of the child;

(ii) any views and concerns raised by the child taking into account his or her age and level of maturity;

(iii) any views and concerns raised by a parent or guardian of the child or any other person duly authorised to act on his or her behalf provided that such parent, guardian or other person has not been charged with, or is not under investigation for, an alleged offence relating to the child.

(8) The member of the Garda Síochána or the officer of the Ombudsman Commission to whom a report under subsection (5) is submitted shall—

(a) notify the member of the Garda Síochána or the officer of the Ombudsman Commission, as the case may be, in charge of the investigation of the alleged offence concerned of the content of the report, and

(b) direct the member of the Garda Síochána or the officer of the Ombudsman Commission in charge of the investigation of the alleged offence—

(i) to implement or arrange for the implementation of all or part of any protection measures (other than any protection measure which consists of advice which has been provided to the victim by another member of the Garda Síochána or another officer of the Ombudsman Commission, as the case may be) and special measures that are identified in the report during the course of the investigation of the alleged offence, and

(ii) to provide a copy of the report and the direction—

(I) in the case of an investigation of the alleged offence by the Garda Síochána—

(A) to the member of the Garda Síochána who is responsible for instituting and conducting a prosecution of the alleged offence in the name of the Director of Public Prosecutions, or

(B) to the Director of Public Prosecutions,

as the case may be, and

(II) in the case of an investigation of the alleged offence by the Ombudsman Commission, to the Director of Public Prosecutions.

(9) A record shall be kept by the Garda Síochána and the Ombudsman Commission of any assessments or reports made, or directions or notifications given, under this section.