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Frances Fitzgerald's new crime bill: What's in it - and what will it mean for victims?

Planned new laws would give victims the right to information about their cases…

Updated at 12.30pm

THE GOVERNMENT HAS published legislation which will for the first time give solid rights in law to the victims of crime when it comes to accessing information about their cases.

The Criminal Justice Victims of Crime Bill which was published by Minister France Fitzgerald yesterday will allow victims to request this information from gardaí, the Irish Prison Service and the Director of Public Prosecutions.

When enacted, it will mean victims have the right to receive information from prisons on the release – including temporary release – or escape from custody of the person convicted of an offence against them.

Other rights under the bill include:

  • The right to receive information on the criminal justice system, their role within it and the range of services they may access when they first contact An Garda Síochána.
  • The right to receive written acknowledgement of the making of the complaint, with contact details where further information can be obtained.
  • The right to be provided on request with information concerning the progress of an investigation and any court proceedings.
  • The right to an individual assessment to establish measures that may be needed for protection from any repeat victimisation, intimidation or retaliation.
  • The right to be informed on request of any decision not to prosecute a person in relation to an offence committed against them and the right to request a review of that decision.

There will also be an obligation on the various authorities involved to provide training to their staff who have contact with victims in the course of their official duties.

Commenting on the publication of the bill yesterday, Minister Fitzgerald said it seeks to put victims “at the heart of the justice system”.

“It is time that the rights of victims are given full recognition in the criminal justice system”.

Read: The woman raped by her boyfriend as she slept has been speaking out all day>

Poll: Should there be mandatory minimum sentences for rape and sexual assault?>

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25 Comments
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    Mute Aimee Kavanagh
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    Jul 15th 2015, 7:33 AM

    About time too

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    Mute Conor Power
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    Jul 15th 2015, 7:38 AM

    +1 Long past time. The treatment of some victims in the past has been disgraceful.

    69
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    Mute Mary Kavanagh
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    Jul 15th 2015, 9:48 AM

    Not just in the past. Look at the suspended sentence for the rape case yesterday.

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    Mute Scobee Gough
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    Jul 15th 2015, 2:18 PM

    You go to court in this country for law not justice

    15
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    Mute Owen Slattery
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    Jul 15th 2015, 7:37 AM

    By the time the information is released you can be almost certain the criminal has been released.

    46
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    Mute Live Long
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    Jul 15th 2015, 8:16 AM

    Victims and Rights don’t go together in this country.

    31
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    Mute L-Plate
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    Jul 15th 2015, 7:53 AM

    Rafa Benitez finishing up his job as a prison officer before heading off to Madrid

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    Mute Willie Tierney
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    Jul 15th 2015, 11:42 AM

    the chances the assailant gets a prison sentence in the first place is slim.

    17
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    Mute The Throwaway
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    Jul 15th 2015, 1:18 PM

    Should be handy to implement. Sure it seems the majority of victims are in court when the judges just hands out a suspended sentence. Turning up to the court hearing and told he’s been released all on the one day. It’s the new Irish judiciary efficiency initiative.

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    Mute Scarr
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    Jul 15th 2015, 8:21 AM

    It sounds like you have to request the information as opposed to being told about a release or escape.

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    Mute Paul Roche
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    Jul 15th 2015, 10:31 AM

    Dangerously populist version of justice that conceals the fascism behind their thinking.
    FG should not be allowed screw up the justice system.

    8
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    Mute The Throwaway
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    Jul 15th 2015, 1:20 PM

    Hold your horses there, you can’t just go full rétárd in one comment. And you did just go full rétárd.

    11
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    Mute Paul Roche
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    Jul 15th 2015, 1:36 PM

    Ah yes, Tropic Thunder, great movie!
    These “réforms” offer no additional rights for the accused. Which means that plod will entertain false allegations with aplomb, and cover up the fact that they have placed the innocent under investigation for no valid reason.
    Once a falsified Pulse entry is established, the “alleged perpetrator” can do nothing to have this makey uppy policing erased from their record.
    Fitzgerald is more dangerous than Shatter.

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    Mute Mick Jordan
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    Jul 15th 2015, 1:43 PM

    Paul. These reforms are to do with the “Convicted” not the “Accused” as you put it. And what additional rights do the Convicted need? They are fully protected as it is.

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    Mute The Throwaway
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    Jul 15th 2015, 1:46 PM

    Ah here Paul, where are you getting all this!
    • The new policy allows for the victim to be made aware that the offender in their case is going to be released from prison. That is all. It’s not ‘here’s his address and start a witch hunt’. It is nothing more than a simple ‘he’s going to be released’. In reality this is not going to hurt the accused (the offender as he’s guilty of the crime) and the victim.
    • PULSE has nothing to do with this. Absolutely nothing. Prisoner records (TR/release/movement to prisons/etc) are all done by the IPA. They don’t have any access to PULSE.
    • Criminal Convictions records are maintained by the Courts Service, not Gardaí. So again, PULSE has nothing to do with this.

    I can think that someone hurt you when you were very young. But this idea of a fascist conspiracy of a police state looking to get one over on every citizen at every opportunity really isn’t the case.
    The fact I’m even this far down and typing this is actually making me question if I’m actually the mad one here!

    7
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    Mute Paul Roche
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    Jul 15th 2015, 2:57 PM

    Throwaway,
    I suggest you reread the article. It outlines support for anybody who makes a complaint, not just victims.
    Pulse has everything to do with it. As soon as an accused is “known to Gardaí” do you think that matters end there?

    3
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    Mute The Throwaway
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    Jul 15th 2015, 4:21 PM

    The article is clear as.

    You’re not making any sense. The new act outlined the basic services and how a person can find out. It’s straightforward: you get to find out what the DPP etc do. You get to receive a written letter to say that a complaint has been made. Beyond the release from prison there isn’t much else to it. PULSE is only there for Gardaí as a listing and recording crime figures facility. You’re reading way too much into things. I suggest going to a Garda or into a Garda station and just ask your questions outright, because you are so far off the mark that your alongside ‘aliens shot JFK’ territory.

    3
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    Mute Paul Roche
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    Jul 15th 2015, 4:25 PM

    “Other rights under the bill include:

    The right to receive information on the criminal justice system, their role within it and the range of services they may access when they first contact An Garda Síochána.
    The right to receive written acknowledgement of the making of the complaint, with contact details where further information can be obtained.
    The right to be provided on request with information concerning the progress of an investigation and any court proceedings.
    The right to an individual assessment to establish measures that may be needed for protection from any repeat victimisation, intimidation or retaliation.
    The right to be informed on request of any decision not to prosecute a person in relation to an offence committed against them and the right to request a review of that decision.
    There will also be an obligation on the various authorities involved to provide training to their staff who have contact with victims in the course of their official duties.”

    4
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    Mute The Throwaway
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    Jul 15th 2015, 4:25 PM

    As for ‘accused known to Gardai’ this act changes nothing.
    If you made a complaint last week or last month, Gardaí will look into it and an investigation will proceed. And guess what, with the new act of you make a complaint…it’s exactly the same thing. The act does nothing for Gardaí from an investigative perspective.

    Again, you’re just so far into conspiracy land that it is almost better to leave you there than try and show you the real world.

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    Mute Paul Roche
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    Jul 15th 2015, 4:35 PM

    The Gardaí will become obliged to provide information to a complainant. That messes with the idea of independence.
    In practice, this will mean a higher standard of “policing” for some, but not for others.
    Of course, Throwaway, you believe that AGS treat all citizens equally?

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    Mute ciaran
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    Jul 15th 2015, 6:41 PM

    but “some” are more equal than others..

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    Mute Laura Nì Fhalliùn
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    Jul 15th 2015, 2:00 PM

    The first change of hopefully, many more to come in this country’s judicial system

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    Mute Michael Vines
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    Jul 15th 2015, 6:28 PM

    Just read Stephen Manning court cases to get an idea of what is going on in this corrupt country

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    Mute Michael Sands
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    Jul 15th 2015, 11:33 PM

    Nothing about reporting crimes to a Gardaí and his pal using faked laughter as it seemed?

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    Mute Michael Sands
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    Jul 15th 2015, 11:34 PM

    Wrote it in his book and that was all that was about it…

    1
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