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
David Stanton (Cork East, Fine Gael) | Oireachtas source
The issue only occurs if the Garda or the ombudsman takes the view that it is not in the best interest of the victim for that particular person to be the accompanying person. In the majority of circumstances, that will not occur. There could be the odd instance, however, where the accompanying person would have ulterior motives and putting undue pressure on the victim. In that case, if the gardaí see that occurring, they can ask the person to leave. Arrangements can be made by the victim to have somebody else instead.
While it would be rare, it is all about safeguarding the victim. It would be bizarre if there was a situation where a victim was making a complaint or giving information and the person sitting alongside them is in some way involved in, say, an alleged assault or offence. It involves cases where the victim cannot engage properly with the gardaí by virtue of the accompanying person’s very presence. If the gardaí involved see this, they can ask the person to stand aside and somebody else can be brought in. There is no time limit. The victim is completely free to make a phone call to get someone straight away or wait an hour, a day or a week. It is only in cases where the gardaí feel it is not in the best interests of the victim for the accompanying person to be there. In rare cases it could be a legal representative. We have to protect the victim in all instances and this is what this is about.
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