Alan Shatter (Dublin South, Fine Gael)

I move amendment No. 4:

In page 6, between lines 33 and 34, to insert the following:

7.—(1) A victim shall as soon as practicable, be given information by an Garda Síochána or, as the case requires, by the Courts Service Board or the Director of Public Prosecutions about the following matters:

(a) the name of the member of an Garda Síochána who has the primary responsibility to investigate the reported offence and/or anti-social behaviour and relevant Garda station;

(b) the telephone number where the Garda referred to in paragraph (a) may be contacted for information relating to the investigation or resulting prosecution;

(c) an outline of the investigation and prosecution process;

(d) the progress of the investigation of the offence;

(e) the charges (if any) laid together with an explanation of the nature of the charges or any final decision made not to charge an alleged offender;

(f) the progress of the prosecution, if any, taken against any alleged offender or alleged offenders and, in particular, the date, time and location of each event listed in subsection (2);

(g) whether or not the accused or offender is granted bail and the terms and conditions of any bail granted;

(h) the victim's role as a witness in the prosecution of the offence;

(i) the victim's entitlement to make a Victim Impact Statement and the role of such Statement;

(j) every final disposition of all proceedings at first instance or on appeal (if any) relating to the offence, to include—

(i) any convictions or pleas of guilty entered and sentences imposed, in relation to the offence,

(ii) any acquittal or deemed acquittal or finding that the charge was not proved,

(iii) any decision of the prosecution to modify or not to proceed with charges laid, including any decision to accept a plea of guilty to a lesser offence than the original offence or offences charged,

(iv) any application made to the High Court by way of judicial review in connection with charges laid in relation to the offence, the prosecution brought or the trial resulting from the offence or any resulting conviction or sentence and any resulting court order made;

(k) where applicable, the courts' jurisdiction to make orders pursuant to the Domestic Violence Acts 1996 to 2002 and the type of orders that can be made under the said Acts;

(l) the courts' jurisdiction to order that information identifying the address of the place where the victim lives or works be not given to an accused or an offender, or in evidence or in information provided to a court;

(m) where applicable, the circumstances in which a victim may give evidence through a television link or through an intermediary under the Criminal Evidence Act 1992 as amended by the Criminal Law (Sexual Offences) Acts 2006 and 2007 or the Criminal Justice Act 1999;

(n) where applicable, the courts' jurisdiction pursuant to section 181 of the Criminal Justice Act 2006 to order that a victim's medical condition be a matter of anonymity should the victim give evidence as a witness;

(o) the circumstances in which a compensation order may be made or reparations obtained by a victim pursuant to the Criminal Damage Act 1991, the Criminal Justice Act 1993, the Children Act 2001 or pursuant to any non-statutory scheme established by the State;

(p) the circumstances in which a victim's anonymity may be protected pursuant to the Criminal Law Rape Acts 1981 and 1990 as amended by the Criminal Law (Sexual Offences) (Amendment) Act 2007;

(q) the jurisdiction of the courts pursuant to section 26 of the Criminal Justice Act 2007 to make a Protection of Person's Order to protect the victim of specified indictable offences or of an alleged such offence or any other person from harassment by an offender or a person charged with such offence by prohibiting the offender or the person so charged from engaging in behaviour that would be likely to cause the victim or other named person fear, distress or harm or would be likely to amount to intimidation;

(r) where applicable, the availability of a restorative justice scheme in operation of relevance should an alleged offender be convicted, the objectives of such scheme, the procedure applicable and the opportunity, if any, available to the victim to participate in such scheme;

(s) where applicable, in relation to anti-social behaviour, the remedies available pursuant to Parts 11 and 13 of the Criminal Justice Act 2006, the steps intended to be taken, the resolution, if any, achieved and, where required, details of any court application made and of any court orders granted and the role where relevant of the victim.

(2) The events referred to in subsection (1)(f) are:

(a) the first and any subsequent appearance in court, in connection with the offence, of the person accused of the offence;

(b) any preliminary hearing relating to the offence;

(c) any defending hearing, or trial relating to the offence;

(d) any hearing set down for sentencing for the offence;

(e) any hearings of appeal (if any) against conviction of the offence or against the sentence to be imposed or to be imposed for the offence or both;

(f) any hearings to review any sentence imposed on the application of the Director of Public Prosecutions where it appears to the Director of Public Prosecutions that a sentence imposed by a court on indictment was unduly lenient.

(3) Nothing in this section prevents information required to be given under this section from being given otherwise than as required under this section.".

See this speech in context