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Victims of crime will be able to request a review of a decision not to prosecute anyone in their cases under new measures from Minister for Justice Frances Fitzgerald.
They can request to be informed of any decision not to prosecute for the offence committed against them, and can then ask for a review of that decision.
The Cabinet gave its approval at its last meeting before Christmas to publish the Criminal Justice (Victims of Crime) Bill 2016.
It follows through on a commitment in the Programme for Government to implement the EU victims of crime directive aimed at strengthening the rights, support and protection of victims across the EU.
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It will give more rights to victims in accessing information and obtaining assistance.
For example, victims can ask for an assessment to ascertain whether they need any protection from intimidation or retaliation during the process of investigation or court proceedings.
They will also be entitled to information on the progress of the investigation and any court proceedings, sentence, imprisonment or release of the offender in their case. Comprehensive information on the criminal justice system will also be provided, as well as information on the services and entitlements they can access.
Decision
On request, victims will also be entitled to be informed of any decision to discontinue an investigation into their case, and the reasons for that decision.
Other measures that will be made available to victims include advice on their personal safety and on safety orders and barring orders; an application to remand the alleged offender in custody or to seek conditions of bail; to have interviews carried out in appropriate locations and to have the alleged offender’s interview carried out by a member of the same sex as the victim, if the alleged offence is sexual or gender based.
Existing measures allowing victims to give evidence by video link, via intermediary or from behind a screen, are being expanded to all victims who are witnesses in court proceedings and all victims of crime will have the right to present a victim impact statement.
“This landmark legislation will strengthen the rights of victims of crime and their families, to ensure that victims and their needs are at the heart of the justice process,” Ms Fitzgerald said.
“It will ensure that rights to information, advice and other appropriate assistance are met effectively and efficiently. The Bill will introduce, for the first time, statutory rights for victims of crime.”