Oireachtas Joint and Select Committees

Wednesday, 17 May 2017

Select Committee on Justice and Equality

Criminal Justice (Victims of Crime) Bill 2016: Committee Stage

9:00 am

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

It would be very rare. What would happen if the legal representative was a family member, for instance? Provision has to be made for that. A legal representative would be asked to leave if he or she was in some way involved in the offence or was putting some pressure on the individual, if the Garda felt it would be in the best interests of the victim that this particular person should not be in the interview and that it might be better if there was another person accompanying the victim.

It could be quite possible that the legal representative could be a family member. The gardaí involved might have some suspicion that the legal representative might be putting undue pressure on the victim by having a relationship of some sort. We have to include the provision but it would be rare. We have to include a legal representative in cases where he or she might be doing something that would not be in the best interests of the victim.

We are prepared to look at it again in respect of the replacement of the person who accompanies the victim.

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