DPP welcomes new rights for victims of crime under EU directive

As part of the EU Victims’ Directive, which came into effect yesterday, victims will have a greater right to information about developments in their case and will also be able to formally request a reason for non-prosecution in a case by the DPP.

It also includes a victim’s right to avoid contact with the offender and a right to the protection of privacy.

Under the EU directive, victims will be entitled to protection from intimidation and will be allowed to provide evidence via television link if necessary.

They will also have the right to be referred on to services offering free support, advice, counselling, and treatment.

“Today marks an important development, encouraging a more compassionate and consistent approach to assisting victims and their families and is to be warmly welcomed,” said DPP Claire Loftus.

“Under the directive, victims will now have, upon request, a right to a summary of reasons for a decision not to prosecute in all our decisions made on or after November 16, 2015, subject to some limited exceptions.

“The directive will also entitle a victim to ask for a review of a decision not to prosecute. The review will be carried out by a lawyer who was not involved in making the original decision.”

Ms Loftus said victims come into contact with the criminal justice system “through unfortunate and often tragic” circumstances.

“For the first time, victims will now have rights to information.

“They will also have procedural rights during court proceedings,” she said.

“A victim is defined in the directive as a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence or a family member of a person whose death was directly caused by a criminal offence and who has suffered harm as a result of that person’s death.”

While the new measures came into effect yesterday, legislation to transpose it into law is still being drafted. It is expected in the coming weeks but no specific date has yet been set.

While members of the Victims’ Rights Alliance (VRA) welcomed the directive itself, they criticised the Government for the delay in making it a part of Irish law.

“We call on Government to strengthen existing draft legislation in line with the directive in order to provide for measures to avoid unnecessary questioning concerning the victims private life not related to the criminal offence,” said the VRA’s Maria McDonald.

“I cannot exaggerate the positive impact the Victims’ Directive and the Victims of Crime Bill 2015, if transposed fully, will have on victims of crime in Ireland. The Victims’ Rights Alliance acknowledges the commitment of the minister for justice to implementing the Victims’ Directive into Irish law and the work which has been done to date by the Government and the relevant state agencies to ensure that victims will be able to access their rights under the directive from November16, 2015.”

Rape Crisis Network Ireland echoed these sentiments and said it continues “to engage with Minister for Justice and Equality Frances Fitzgerald and her team who are finalising the Criminal Justice (Victims of Crime) Bill”.