Note: There is a full list of individual amendments in the order in which they appear in the Bill, in the Appendix for easy reference

List of Proposed Amendments to the Criminal Justice (Victims of Crime) Bill 2016 for the Dáil Select Committee: SAFE Ireland An Introduction SAFE Ireland is a National Social Change Agency working to end gender based violence with a specific focus on male violence against women in intimate/domestic relationships. We believe that at the root of all violence is what happens in the home and that the single biggest barrier to achieving gender equality and human rights for women is the high prevalence of gender based violence and its wider personal, family, social and economic impacts. We are working to make Ireland the safest country in the world for women and children. We collaborate closely with 39 frontline domestic violence services across communities in Ireland, state agencies, civic society organisations, business, community, and cultural organisations throughout the country. We work directly with women to bring their experiences and voices into research, policy, service development and violence prevention programmes. Our core strategic focus is to change culture and transform the response to gender based violence in Ireland and to progress towards realising our vision for a safe Ireland. SAFE Ireland made a detailed Submission on the Revised General Scheme of this Bill as part of the Pre-Legislative Scrutiny undertaken by the Joint Oireachtas Committee on Justice, Defence and Equality of the 31 st Dail, in August 2015 1. We welcome very much the opportunity to make proposals for amendments to the Criminal Justice (Victims of Crime) Bill 2016. SAFE Ireland would like to acknowledge the support of Rape Crisis Network Ireland in preparing these Amendments, which are modelled on the corresponding RCNI proposed amendments in several instances 2. Note: There is a full list of individual amendments in the order in which they appear in the Bill, in the Appendix for easy reference Proposed Amendments and Basis for Inclusion in this Bill (1)Definition of victim should not depend on legal status of offender with regard to criminal proceedings The definition should be expanded to include part of the wording of Recital 19 of the EU Directive itself, to put it beyond doubt that a victim should be considered to be a victim 1 SAFE Ireland Submission to the Joint Oireachtas Committee on Justice, Defence and Equality on the Revised General Scheme of the Criminal Justice (Victims of Crime) Bill (August 2015) 2 RCNI Criminal Justice (Victims of Crime) Bill 2016 Briefing Note for Members of the Oireachtas, March 2017, available on request from: legal@rcni.ie. An earlier version of the Briefing Note is available online at www.rcni/ie/publications/submissions 1

regardless of whether an offender is identified, apprehended, prosecuted or convicted. Similar wording was found in the General Scheme of the Bill (revised version); Proposed Amendment Part 1, Page 8, Section 2, subsection 1, insert in line 16 regardless of whether an offender is identified, apprehended, prosecuted or convicted and regardless of the relationship between the offender and the victim. (2)Act should not confine all victim rights to criminal proceedings instituted after date of commencement This means that the special measures introduced by Section 26 of the Bill as amendments to the Criminal Evidence Act 1992, will only be made available to victims whose cases are prosecuted after the new Act comes into force. Special measures under Section 26 may be applied by the trial judge even though there was no prior individual assessment of the victim s specific protection needs and no report on same was ever produced. The Court must have regard to the matters listed in the proposed Section 14B of the CEA 1992 in deciding whether the victim would benefit from any of the special measures available, but it does not have to have a formal assessment or report before doing so. Therefore, it is illogical to exclude all victims in whose cases proceedings were instituted before the Act comes into force. Further, it is unfair to victims that the availability of special measures which may be very necessary and which might do much to minimise the risk of secondary traumatization, should depend on the date on which proceedings were instituted in their case. Finally, the EU Directive 2012/29 establishing minimum standards on rights, support and protection for victims of crime, applies to all victims, not only those whose cases were instituted after a certain date. Proposed Amendments: Part 1, Page 9, Section 4, Subsections (1) and (2), Lines 1 through 8: (1) Delete Lines 1 and 2, and the following text: (b) from Line 3, and (2) delete Lines 6 to 8 inclusive in their entirety; (3)Information to be given to victims should include information about specialist services Section 6(1) (a), services providing support for victims, and Section 6(8) A member of the Garda Siochana..may..arrange for the victim to be referred to a service which provides support for victims, should be reworded to emphasise the importance of giving victims information which is appropriate to their own characteristics and situation, and referring them to appropriate and where necessary, specialist support services, respectively. The relevant Article 4(1)(a) of the Directive refers to support including, where relevant [access to] medical support, any specialist support, including psychological support, and alternative accommodation, in respect of information to be offered. Article 8(3) establishes the right to 2

specialist support services, in addition to, or as an integrated part of, general victim support services..victims..shall have access to such services..in accordance with their specific needs and the degree of harm suffered as a result of the criminal offence. Inappropriate referrals to general support services and information which does not include information about appropriately specialist support services, both increase the risk that the victim will not be cared for as s/he should be and in the worst cases, may be harmed inadvertently because s/he does not know and/or is not given the option of being referred, to such specialist services. Proposed amendments Part 2, Page 9, Section 6, subsection (1)(a) to insert in line 27, after services providing support for victims, the following text: including where relevant, medical support, and appropriate specialist services including psychological support services and services providing alternative accommodation Part 2, Page 11, Section 6, subsection (8) to insert in line 11, after for victims : including, where relevant, to appropriate specialist services including psychological support services and services providing alternative accommodation (4) Without unnecessary delay should be put in place at several points in Bill: In Section 6 (3), which describes the manner in which victims should be supplied with information, and in the last Section 6(8), which is about referral to victim support services, the wording as soon as practicable should be replaced with without unnecessary delay, as in the Directive, to underline the importance of getting information and appropriate referrals in a timely manner; Proposed Amendments: Part 2, Page 10, Section 6, Sub-section (3)(a), line 26 To delete as soon as practicable and replace with without unnecessary delay Part 2, Page 11, Section 6, subsection (8) to insert in line 10, after be referred : Insert without unnecessary delay Part 2, Page 11, Section 7, subsection (1) to insert in line 16, after identified : Insert without unnecessary delay Part 2, Page 14, Section 7, subsection (4), line 12: Delete as soon as practicable and substitute without unnecessary delay Part 2, Page 15, Section 8, line 5: 3

After informed insert without unnecessary delay Unit 5 Centre Court T: + 353 (0) 906 479078 Part 2, Page 15, Section 9, subsection (6), line 28: Delete as soon as practicable and substitute without unnecessary delay Part 3, Page 18, Section 14, subsection (1), line 14: After assessment) insert without unnecessary delay (5)Victim s Right to be accompanied by a person of their choice at first contact, complaint and interview stages respectively, should include an opportunity to find a substitute person, if there is a reasonable objection to the first person chosen: Sections 6(5) sets out the circumstances in which the right to be accompanied by a person of one s choice and/or by a legal representative when contacting the competent authorities for the first time in respect of an offence, may be curtailed. It does not, however, allow for the victim to be given an opportunity to make alternative arrangements to be accompanied by another person and/or lawyer, in cases where such a substitution would answer the concerns of the member of the Garda Siochana [etc]. This means that a victim may be deprived unnecessarily of a powerful support, and the absence of such support may have a strongly deterrent effect. The same argument applies if anything with even greater force at the complaint and interview stages, and the same recommendation is made in respect of the respective complaint and interview Sections 11 and 13, of this Bill. Proposed Amendments: Part 2, page 10, Section 6, Subsection 5 line 33: Insert (a) after (5) at beginning of Line 33; and Part 2, page 10, Section 6, Subsection 5 line 40: Insert the following text as next subparagraph after Line 40: (b) Where a person referred to in subsection (4) above (including a legal representative) is required to absent himself in the circumstances described in subsection (5) (a), the member of the Garda Siochana or the officer of the Ombudsman Commission as the case may be, shall give the victim a reasonable opportunity to make arrangements to find a suitable replacement person, on any occasion on which the objections to the original person of the member of the Garda Siochana or the officer of the Ombudsman Commission, as the case may be, would be met by the substitution of the original person by a suitable replacement person. Part 3, page 16, Section 11, Subsection 2, line 23: Insert (a) after (2) at beginning of Line 23; and Part 3, page 16, Section 11, Subsection 2, line 30 4

Insert the following text as next subparagraph after Line 30: Unit 5 Centre Court T: + 353 (0) 906 479078 (b) Where a person referred to in subsection (1) above (including a legal representative) is required to absent himself in the circumstances described in subsection (2)(a), the member of the Garda Siochana or the officer of the Ombudsman Commission as the case may be, shall give the victim a reasonable opportunity to make arrangements to find a suitable replacement person, on any occasion on which the objections to the original person of the member of the Garda Siochana or the officer of the Ombudsman Commission, as the case may be, would be met by the substitution of the original person by a suitable replacement person Part 3, pages 17-18, Section 13, Subsection 3: (1) Insert (a) after (3) at beginning of Line 35; and (2) Insert the following text as next subparagraph after Line 2 on page 18: (b) Where a person referred to in subsection (2) above (including a legal representative) is required to absent himself in the circumstances described in subsection (3)(a), the member of the Garda Siochana or the officer of the Ombudsman Commission as the case may be, shall give the victim a reasonable opportunity to make arrangements to find a suitable replacement person, on any occasion on which the objections to the original person of the member of the Garda Siochana or the officer of the Ombudsman Commission, as the case may be, would be met by the substitution of the original person by a suitable replacement person (6)Referrals must be made by An Garda Siochana whenever victim consents Section 6(8) in relation to referral, says that where the victim consents, the Garda may arrange for him/her to be referred to a victim support service. In our respectful submission, the wording should be expressed as shall rather than may, in order to transpose accurately the wording of Article 8(2) of the Directive: Member States shall facilitate the referral of victims to victim support services. Proposed Amendment Part 2, Page 11, Section 6, Subsection 8, line 10 To replace may with shall (7)Summary of reasons for not prosecuting offence should be adequate SAFE Ireland submits that in order for the Directive to be transposed accurately, these rights to be given a brief summary of the reasons for discontinuing or not initiating a prosecution respectively, should be qualified so that it is clear that any victim receives (in the words of the Directive at Article 11(3)) sufficient information to decide whether to request a review of any decision not to prosecute upon request. 5

Proposed Amendment Unit 5 Centre Court T: + 353 (0) 906 479078 Part 2, Page 11, Section 7, subsection 2 (c), insert at line 36 to contain relevant information to enable a victim to decide whether to request a review of a decision (8)Information on bail and on witness intimidation should be more detailed It would be very helpful and reassuring for victims to have the right to be informed of: (a) any bail conditions imposed which are relevant to their well-being and/or safety; and (b) (b) what to do if they are breached, or it seems that a breach may be imminent and/or: (c) (c) any attempt to, or actual intimidation of themselves by the accused and/or others acting on his behalf. In criminal cases, there may be a very lengthy gap between the institution of proceedings and the first court date, and between the first court date and the trial date. Many victims are terrified that they or their loved ones will be intimidated by the accused and/or his associates during this period, and it is important that they know not only whether there are any bail conditions restricting contact with themselves but also, what they can do if some breach of same, or separate intimidating or harassment behaviour does occur. It will be necessary to have regard here to the proposed new Bail (Amendment) Bill 2016, which would allow complainants to give evidence of intimidatory behaviours in bail applications. 3 It would also be very helpful and reassuring for victims to be told the details of any post-trial or post-conviction order, other than imprisonment, which is aimed at preventing them from harm at the hands of the person accused/convicted. Proposed Amendments Part 2, Page 13, Section 7, subsection 2, insert after line 36 (p) where a person is granted bail, information regarding (i) conditions of bail insofar as they are relevant to the safety and welfare of the complainant [or victim]; (ii) any breach of bail conditions; (iii) the procedure to be followed if any breach of relevant bail conditions by the accused occurs or is suspected (iv) the criminal offence of witness intimidation and 3 http://www.oireachtas.ie/documents/bills28/bills/2016/10816/b10816d.pdf 6

(v) the procedure to be followed when witness intimidation by accused is suspected and/or occurs Part 2, Page 13, Section 7, subsection 2, insert after line 36 (q) information on procedures relating to Anti-harassment orders under Section 10 of the Non-Fatal Offences against the Person Act 1997, where relevant; (r) information relating to any relevant conditions under which a sentence imposed on the convicted person, is suspended or part-suspended; (9)Prosecutor s duty to ensure Judge has a copy of any assessment identifying specific protection needs and duty of An Garda Siochana, DPP and Judge to have regard thereto There should be an obligation on the prosecutor to bring the existence of any specific protection needs report to the attention of the judge. If the judge is not aware of the existence of the report, the victim is reliant entirely on the prosecutor s judgment as to whether the report should be introduced to the court. This puts the victim in a much weaker position than if the judge sees the report automatically in every case. If the judge sees every report, it means that the victim s perspective cannot be overlooked. In the Directive, the only restrictions on the rights of a victim to appropriate special measures in court relate to the rights of the defence and the rules of judicial discretion. There is nothing about prosecutors acting as a filter for the application of special measures in every case. This means that a copy of the report will have to be handed to the defence as well, but in practice, their interests are always represented on applications for special measures in any event, so in practice we do not see that complainants would be worse off if judges were to have copies of every specific protection needs report. Proposed Amendments Part 3, Page 18, Section 18, delete all words after line 5 and replace with Where a victim of an alleged offence has been assessed under section 14 and the Garda Síochána or the Garda Ombudsman Commission have identified specific protection needs in relation to the victim, the Judge shall be provided with a copy of the report by the prosecuting authority. [and insert as separate subparagraph immediately underneath] (xyz) The Garda Síochána, Director of Public Prosecutions or the Judge, as the case may be, shall, when considering whether the victim would benefit from special measures during the course of any criminal proceedings relating to the alleged offence, have regard to the fact that specific protection needs have been identified under that section in relation to the victim concerned. 7

(10)Right to Court Accompaniment in criminal proceedings for victims of domestic and/or sexual violence It is fair to say that the EU Directive does not itself provide for a right of accompaniment of victims, even those with identified specific protection needs, to Court. Nevertheless, such support is invaluable to victims of crime, and in the case of victims of domestic and/or sexual violence, it is a very powerful support which enables many to go through the traumatic and harrowing experience of giving live evidence of intimate crimes to a group of strangers. We note that there is now a form of precedent in the new Domestic Violence Bill 2017 at Section 22 4, which allows for applicants for Domestic Violence orders to be accompanied by a person of their choice, including a support worker. Proposed Amendments: Part 3, page 23, Section 18, line 6: at beginning of line 6, after 18 and before Where, insert (a) ; and Part 3, page 23, Section 18, line 12 Insert the following text as the next subparagraph after end of Line 12 on page 23: (b) (i) A victim of domestic and/or sexual crime may, in addition to being accompanied by her or his legal representative (if any), be accompanied in court during any criminal proceedings in which the victim is a prosecution witness, by an individual (including a support worker) of his or her choice unless an order is made by the court to the contrary. (ii) Where the court makes an order referred to in Section 18 (b), it shall give reasons for its decision. (iii) In this section, support worker means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of domestic and/or sexual violence. Note: this text is adapted from that used in the Domestic Violence Bill 2017 Section 22. SAFE Ireland Unit 5 Centre Court 4 Available online at: http://www.oireachtas.ie/documents/bills28/bills/2017/1317/b1317s.pdf 8

Blyry Business Park Unit 5 Centre Court T: + 353 (0) 906 479078 Athlone Co Westmeath www.safeireland.ie 10 May 2017 Contact: office@safeireland.ie Tel: 0906 479078 9

Appendix: List of Proposed Amendments in same order as in the Criminal Justice (Victims of Crime) Bill 2016 Part 1, Page 8, Section 2, subsection 1, insert in line 16 regardless of whether an offender is identified, apprehended, prosecuted or convicted and regardless of the relationship between the offender and the victim. Part 1, Page 9, Section 4, Subsections (1) and (2), Line 1: Delete Lines 1 and 2, Part 1, Page 9, Section 4, Subsections (1) and (2), Line 3 Delete the following text: (b) from Line 3, and Part 1, Page 9, Section 4, Subsections (1) and (2), Lines 6-8 Delete Lines 6 to 8 inclusive in their entirety; Part 2, Page 9, Section 6, subsection (1)(a) to insert in line 27, after services providing support for victims, the following text: including where relevant, medical support, and appropriate specialist services including psychological support services and services providing alternative accommodation Part 2, Page 10, Section 6, Sub-section (3)(a), line 26 To delete as soon as practicable and replace with without unnecessary delay Part 2, page 10, Section 6, Subsection 5 line 33: Insert (a) after (5) at beginning of Line 33; and Part 2, page 10, Section 6, Subsection 5 line 40: Insert the following text as next subparagraph after Line 40: (b) Where a person referred to in subsection (4) above (including a legal representative) is required to absent himself in the circumstances described in subsection (5) (a), the member of the Garda Siochana or the officer of the Ombudsman Commission as the case may be, shall give the victim a reasonable opportunity to make arrangements to find a suitable replacement person, on any occasion on which the objections to the original person of the member of the Garda Siochana or the officer of the Ombudsman Commission, as the case may be, would be met by the substitution of the original person by a suitable replacement person. Part 2, Page 11, Section 6, Subsection 8, line 10 Delete may and substitute shall 10

Part 2, Page 11, Section 6, subsection (8) to insert in line 10, after be referred : Insert without unnecessary delay Part 2, Page 11, Section 6, subsection (8) to insert in line 11, after for victims : including, where relevant, to appropriate specialist services including psychological support services and services providing alternative accommodation Part 2, Page 11, Section 7, subsection (1) to insert in line 16, after identified : Insert without unnecessary delay Part 2, Page 11, Section 7, subsection 2 (c), insert at line 36 to contain relevant information to enable a victim to decide whether to request a review of a decision Part 2, Page 13, Section 7, subsection 2, insert after line 36 (p) where a person is granted bail, information regarding (i) conditions of bail insofar as they are relevant to the safety and welfare of the complainant [or victim]; (ii) any breach of bail conditions; (iii) the procedure to be followed if any breach of relevant bail conditions by the accused occurs or is suspected (iv) the criminal offence of witness intimidation and (v) the procedure to be followed when witness intimidation by accused is suspected and/or occurs Part 2, Page 13, Section 7, subsection 2, insert after text above, OR after line 36, as the case may be: (q) information on procedures relating to Anti-harassment orders under Section 10 of the Non-Fatal Offences against the Person Act 1997, where relevant; (r) information relating to any relevant conditions under which a sentence imposed on the convicted person, is suspended or part-suspended; Part 2, Page 14, Section 7, subsection (4), line 12: Delete as soon as practicable and substitute without unnecessary delay Part 2, Page 15, Section 8, line 5: After informed insert without unnecessary delay 11

Part 2, Page 15, Section 9, subsection (6), line 28: Unit 5 Centre Court T: + 353 (0) 906 479078 Delete as soon as practicable and substitute without unnecessary delay Part 3, page 16, Section 11, Subsection 2, line 23: Insert (a) after (2) at beginning of Line 23; and Part 3, page 16, Section 11, Subsection 2, line 30 Insert the following text as next subparagraph after Line 30: (b) Where a person referred to in subsection (1) above (including a legal representative) is required to absent himself in the circumstances described in subsection (2)(a), the member of the Garda Siochana or the officer of the Ombudsman Commission as the case may be, shall give the victim a reasonable opportunity to make arrangements to find a suitable replacement person, on any occasion on which the objections to the original person of the member of the Garda Siochana or the officer of the Ombudsman Commission, as the case may be, would be met by the substitution of the original person by a suitable replacement person Part 3, page 17, Section 13, Subsection 3, line 35: Insert (a) after (3) at beginning of Line 35; and Part 3, page 18, Section 13, Subsection 3, line 2 Insert the following text as next subparagraph after Line 2 on page 18: (b) Where a person referred to in subsection (2) above (including a legal representative) is required to absent himself in the circumstances described in subsection (3)(a), the member of the Garda Siochana or the officer of the Ombudsman Commission as the case may be, shall give the victim a reasonable opportunity to make arrangements to find a suitable replacement person, on any occasion on which the objections to the original person of the member of the Garda Siochana or the officer of the Ombudsman Commission, as the case may be, would be met by the substitution of the original person by a suitable replacement person Part 3, Page 18, Section 18, delete all words after line 5 and replace with Where a victim of an alleged offence has been assessed under section 14 and the Garda Síochána or the Garda Ombudsman Commission have identified specific protection needs in relation to the victim, the Judge shall be provided with a copy of the report by the prosecuting authority. [and insert as separate subparagraph immediately underneath] (xyz) The Garda Síochána, Director of Public Prosecutions or the Judge, as the case may be, shall, when considering whether the victim would benefit from special measures during 12

the course of any criminal proceedings relating to the alleged offence, have regard to the fact that specific protection needs have been identified under that section in relation to the victim concerned. Part 3, page 23, Section 18, line 6: at beginning of line 6, after 18 and before Where, insert (a) ; and Part 3, page 23, Section 18, line 12 Insert the following text as the next subparagraph after end of Line 12 on page 23: (b) (i) A victim of domestic and/or sexual crime may, in addition to being accompanied by her or his legal representative (if any), be accompanied in court during any criminal proceedings in which the victim is a prosecution witness, by an individual (including a support worker) of his or her choice unless an order is made by the court to the contrary. (ii) Where the court makes an order referred to in Section 18 (b), it shall give reasons for its decision. (iii) In this section, support worker means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of domestic and/or sexual violence. 13