Dáil debates
Thursday, 8 July 2010
Criminal Procedure Bill 2009 [Seanad]: Report and Final Stages
4:00 pm
Pat Rabbitte (Dublin South West, Labour)
I support the thrust of this group of amendments tabled by Deputy Shatter. We live in a society where violent crime, unfortunately, is the order of the day. This group of amendments seeks to address the issue where the victim interacts with the criminal justice system. All Deputies have been engaged with persons who have been victims of crime and are bewildered by their experience. They are often traumatised by their experience and intimidated by the court environment. The Minister will say that some of what Deputy Shatter is advocating is already the practice. The point is that the opportunity to give expression to these provisions in statute should not be overlooked. That is the thinking behind these amendments.
The current DPP departed from the age-old tradition since the office was established to communicate, in limited circumstances, with the victim in respect of the tragedy that has befallen them. The Garda Síochána has measures that were unheard of 20 years ago in terms of staying in touch with the victim of crime and advising him or her on the progress or lack of progress in an investigation. Some members of the Garda Síochána are very good at it, others are not especially gifted in that area. It is important for someone who has had the experience of being a victim of violent crime. Frequently, such people do not understand how the criminal procedure operates and are bewildered by the twists and turns that can happen in a case that seems open and shut to them. There are many reasons, and Deputy Shatter alluded to some, why a decision is made not to prosecute. It is exceptionally difficult for someone who was the victim of a serious crime to accept why that is the case. The calculation may be no more than that the file will not stand up in court or due to other defects. A judgment is made and it is very important in such circumstances that every effort is made to relay the information to the person who was the victim of the crime. I do not want to intrude on this debate again but I acknowledge that changes have been made in recent times that go some of the way to what is envisaged, albeit not in statute.
The DPP attended a recent meeting of the Joint Committee on Justice, Equality, Defence and Women's Rights and talked about his office. He touched on this area and his comments were welcomed by members of the committee across the board. Certain tentative steps, albeit in a restricted area, have been taken by his office. From my minimal involvement with persons who find themselves the victims of serious crime, I know they appreciate this. I have dealt with serious unsolved crimes, as have other Members of the House. The dogs in the street allegedly know who pulled the trigger or who caused the trigger to be pulled in some dreadfully sad instances. It is very difficult to explain to the parents or relatives in such circumstances what is happening in the investigation and where it is likely to lead. It is greatly appreciated by those people when members of the Garda Síochána go out of their way to try to keep the family in touch and provide feedback. In the restrictive rubric of cases I have mentioned, a person in the office of the DPP is allocated to maintain contact when the Office of the Director of Public Prosecutions is involved.
Seeing as we are taking this opportunity to revise the law on criminal procedure and address double jeopardy, it is appropriate to take the opportunity to express these civilised requirements, that the victim be treated with respect and dignity and that information and communication should be given priority, in statute rather than having these measures in codes of practice or victims' charters.
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