RECENT CONTROVERSIES ABOUT sentencing have once again brought conversations about victims’ rights to the fore in Ireland.
Conviction rates and sentences are undoubtedly a vital part of delivering justice for victims of crime. However, a focus on the outcomes of the criminal justice process obscures another, and arguably often even more important aspect of justice for victims of crime, that is, procedural justice.
The latter involves ensuring that victims are treated fairly by the procedures of the criminal justice system as they journey through it. For victims, this is as important as the eventual outcome of the case. Unfortunately, it is not uncommon for victims to state that their engagement with the criminal justice system was as traumatic as the crime itself.
Consequently, justice for victims entails much more than convictions and appropriate sentences. The State must ensure that, as far as possible, the criminal justice system does not further traumatise and harm those who are brave enough to pursue a complaint through the criminal justice process.
While previously victims were largely side-lined in the criminal justice process, viewed primarily as witnesses for the State with no specific rights, recent years have seen significant efforts to deliver procedural fairness for Irish victims of crime. A watershed moment in this process was a European Directive on Victims’ Rights, which was introduced in 2012, setting a minimum standard for the treatment of victims of crime in all EU Member States. This Directive became operative in November 2015, granting all victims of crime specific legal rights to information, support and protection.
Importantly, these rights apply regardless of whether a victim decides to engage with the criminal justice system by making a formal complaint to the police. The rights created by the Directive were enacted in Irish law by the Criminal Justice (Victims of Crime) Act 2017.
In the near decade since the Directive became operative in Ireland, there have been considerable improvements in the treatment of victims of crime. Key criminal justice system stakeholders have developed their services. For example, An Garda Síochána has introduced Victim Service Offices which serve as central contact points to keep victims informed about the progress of their cases and available supports.
The Office of the Director for Public Prosecutions also provides a number of valuable supports for victims, not least offering an opportunity for victims to apply for information regarding a decision not to prosecute, and to make an appeal against that decision. For victims who must attend court as witnesses, the Courts Service also provides information and support such as designated waiting areas, as well as special protective measures for victims giving evidence in certain cases, where this is provided for in legislation and/or ordered by the presiding judge in the case.
The efforts of the criminal justice system stakeholders are buttressed by non-governmental support organisations that offer outstanding services ranging from the provision of information, advocacy, counselling and therapeutic support to court accompaniment. These services are central to the effective protection and support of victims as they journey through the criminal justice process, or indeed, for those who opt not to proceed with a formal complaint and require support and assistance in the aftermath of a crime.
However, while there have been significant efforts from both State and non-state actors to deliver procedural justice for victims, many challenges remain. Resourcing is a perennial problem. This is nowhere more evident than in the heavy reliance on the non-governmental voluntary sector to provide services such as therapeutic support and advocacy to victims. The delivery of effective services to victims is also somewhat of a geographic lottery, with victims in regional areas often not having access to similar services or facilities to victims in urban locations.
Ireland also lacks a regular, formal monitoring mechanism for measuring whether victims’ rights are being effectively realised. We need to monitor our practices to ensure that victims are receiving what they are entitled to. Robust national victimisation surveys at regular intervals are vital to ensure best practice is achieved.
For victims who feel that their rights have not been realised, there is no central, independent complaints mechanism. Complaints procedures within individual agencies do not go far enough. Ireland needs an independent complaints mechanism like a Victims’ Ombudsman to handle complaints where victims’ rights are not realised. An independent entity of this nature would also fill an important gap in providing ongoing oversight in this area and proactively raising awareness of victims’ rights and concerns.
Delivering justice for victims of crime is not an easy or straightforward task, necessitating a focus on outcomes and a recognition of victims’ rights to fair procedures, protection and support as they journey through the criminal justice process. Indeed, we must also remember that the needs and rights of victims do not end with the trial: the State must ensure that victims have continuing access to treatment, support and any information which they might require once the formal process is over.
The system has improved considerably in recent years. The reforms outlined here demonstrate that there is a commitment to ensuring justice for all victims of crime. It is important to recognise the improvements, which should help to encourage victims of crime to continue to come forward. However, it is also clear that there is much that we still need to do in this area. There is no room for complacency. Every victim of crime who comes forward and participates in the criminal justice system does a considerable service for the State, providing their testimony to support the prosecution of offenders. It is not always possible to guarantee a conviction, but we must move to a position where we can always guarantee procedural justice for victims of crime in Ireland.
Dr Susan Leahy is an Associate Professor in the School of Law at the University of Limerick and director of the Centre for Crime, Justice & Victim Studies (CCJVS) research centre. She researches in the areas of victims’ rights and violence against women.
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