Rights of victims of crime

Right to access support

You have the right to access support services when: reporting the crime during criminal proceedings (the trial, sentencing or appeal) for a period after the criminal proceedings This includes: Counselling services Domestic violence services Legal aid, see Legal aid see Right to free legal advice and aid Mental health or Psychological support services Sexual abuse services Victim support see Support services

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Rights during the investigation

What is the investigation stage? The police in Ireland are called An Garda Síochána or the “Gardaí”, we will call them the police. The investigation stage is when the police gather evidence of a crime. This might include: Going to the scene of the crime to look for physical evidence Reviewing CCTV footage Interviewing the victim and other people who witnessed the crime. Once the investigation is finished, the police put together a file on the case and send it to the Director of Public Prosecutions (DPP) if it is a more serious offence.

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Rights after you make your complaint

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How you can be protected

You have the right to be protected during the investigation. The police should tell you: How and under what conditions you can access protection (including the use of protection measures) Special arrangements that can be put in place if you are a child victim. You have the right to have your individual protection needs assessed You should be protected from being victimized all over again, from being intimidated, targeted for revenge or be from being at risk of emotional or psychological harm. If you need special measures, the police will try to have a trained person interview you.

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Rights at the trial

What is the trial stage? If an accused person pleads not guilty, there will be a trial. The burden of proof is with the prosecution. This means that they must prove that the accused is guilty of the crime beyond reasonable doubt. Beyond reasonable doubt is the standard of proof in a criminal trial. This means that there cannot be any doubt (which is a reasonable one) in the mind of the jury (or the judge in the District Court) whether the accused is guilty or not. During the trial, the prosecution will present its case. The defence will try to persuade the judge or jury that there are holes in the prosecution cases or raise doubts in their minds. The defence do not have to put forward their own version of evidence or their own evidence, as it is the prosecution’s job to present and to prove the case.

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Right to free legal advice and aid

You can sometimes get free legal advice and representation as a victim of crime but only for certain types of cases. For example, you are entitled to: Free legal advice if you were a victim of human trafficking. Free legal advice if you were a victim of rape or certain sexual offences. Free legal representation if you were a victim of rape or certain sexual assaults when the defence want to introduce evidence on, or cross-examine you in relation to, your sexual history. This means that there will be a barrister and solicitor in court who is there to represent you and your interests. This will be paid for by legal aid. Free legal representation if there is a hearing about your counselling notes in certain sexual offence trials. You have a right not to disclose your counselling notes. However, if they are relevant to the trial, they may be shown to the defence if you agree to it. If you do not agree to showing the defence your counselling records, the judge will hold a court hearing to decide whether they are relevant. If the judge finds that the notes are relevant, the relevant parts of the notes will be released to the defence. You are entitled to be represented at this hearing through free legal aid. For more information on legal aid see the Legal Aid Board’s website.

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Compensation

As a victim of a crime, you may be entitled to some form of compensation under the Criminal Injuries Compensation Scheme or by court order. To be eligible for the Criminal Injuries Compensation Scheme, you must have: 1. Been the victim of a violent crime and 2. Suffered a personal injury directly as a result of this crime If these two conditions apply to you, it is possible that you may be able to claim compensation under this scheme. This scheme can also provide compensation for any dependants of a victim where a victim died as a result of a crime. Dependants include children, spouses, parents or anyone who relied on the victim for maintenance or money. Other ways you can be compensated Court Order: This is when a judge has decided that the accused must compensate you for any injuries or loss you suffered as a result of the crime. Depending on the crime, the accused could be ordered to compensate you as a condition of their sentence.   You can also bring a civil claim for compensation in the civil courts.

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Expenses

The State must repay you for any expenses you had while taking part in the criminal proceedings. This includes, for example, expenses for travelling to court, food or accommodation. If you are a witness in the trial, the police must pay these expenses. You can ask the police station superintendent about expenses. They might be able to give you money in advance to ensure you make it to court. The right to expenses does not cover your costs for when you make a statement about a criminal offence at the police station.

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Rights after the trial

If there has been a trial, you should receive the following information afterwards: Information about the verdict or outcome of a trial and any appeal judgments if there is an appeal. You should be told about the date and place of any appeal taken by the offender or the prosecution. The offender might appeal the verdict or appeal the sentence if they think it is too long or harsh. The prosecution might appeal the verdict or the sentence if they think it is too lenient (not long or harsh enough). An appeal means the case will be heard by another, higher court. If the offender’s trial was before a judge only and not a jury, you can request a summary of the reasons given by the judge. However, in more serious cases where a trial involves a jury, you will not be given reasons for the decision of the jury. You will only find out if it is a “guilty” or “not guilty” verdict, as juries cannot give reasons. If the accused person was convicted of having committed the crime (a finding of guilt): You should be informed about the date of sentencing. A criminal sentence is the punishment that the judge decides the convicted person should receive for their crime. Sometimes the accused is sentenced on the day of the guilty verdict, but usually, the sentencing will happen at a later date. You should be informed about the sentence given and any orders made by the court when giving the sentence. For example, the judge might make a compensation order ordering the offender to compensate you. Or the judge might give conditions that the offender has to follow if their sentence is “suspended”. A suspended sentence means that they will be released after a period of time if they follow the conditions. For example, a sentence might be 18 months with the final 6 months suspended, which means they will be released after 12 months. If the offender receives a prison sentence and is sent to prison, a special centre or a children’s detention school, you can register your interest in receiving information with the Irish Prison Service that you want information about the accused. Then you can get information on: their release date: the year and month in which they are expected to be released and whether there are any conditions for their release if they are being released early any temporary release they are given, and any conditions attached to such release which relates to you any transfer of the offender while in custody to or from a prison, designated centre, detention school, court, hospital or any other place any escape by the offender and any measures which are put in place for your protection as a result of such escape and the death of the offender while in custody or on temporary or conditional release

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Rights at the sentencing stage

A criminal sentence is the punishment that the judge decides the convicted person should receive for their crime. Sometimes the accused is sentenced on the day of the guilty verdict, but usually, the sentencing will happen at a later date at a sentencing hearing.

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Counselling notes

If you are the victim of a sexual crime, the defence must be told if you have been to counselling. If the notes of your counselling are relevant to the trial, they may be shown to the defence with your consent (agreement). If you do not agree to showing the defence your counselling notes, the judge will hold a court hearing to decide whether they are relevant. If the judge finds that the notes are relevant, the relevant parts of the notes will be released to the defence. You are entitled to be represented at this hearing through free legal aid. The judge can set special conditions to protect your privacy when releasing the notes and the accused person will never get a copy of them. Read more information about what will happen if you agree to show the defence your counselling notes or do not agree on the garda (police) website.

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