7 Victims of Crime

Review of Procedures

7.2 In 2006 an Office-wide Committee was established to review all of our procedures in respect of communications with victims and where necessary make recommendations for improvements. While existing procedures for communicating with victims appeared to be working well, as a result of this Committee's work a number of changes have been made primarily aimed at ensuring that victims receive information in a timely manner regarding developments in their case and also ensuring that they are made aware of their entitlement to a pre-trial meeting with the prosecution legal team. The work of the Committee is ongoing.

Liaison with Garda Síochána

7.3 The Office continues to work closely with the Garda Síochána who have recently appointed a senior Garda to coordinate communications with victims.

Ellen O'Malley Dunlop, Chief Executive Officer, Rape Crisis Centre

This Office continues to adhere to a policy of communicating with victims where possible via the prosecuting member of the Garda Síochána who is generally the person that will have developed a relationship with the victim of crime.

L-R: Maeve Ryan, Crime Victims Helpline; Caroline Ryan, Citizens Information Board; Lisa Kennedy, Irish Tourist Assistance Agency

The Director welcomes the recent initiative of the Garda Síochána whereby since December 2006 the Garda IT system PULSE automatically generates letters to the victim providing them with essential information on victim support services and informing them of progress in the case.

Barry Donoghue, Deputy Director o Public Prosecutions wth Rory Benville, State Solicitor, Wicklow East - Both Members of the Communications with Victims Committee

Revised Booklets

7.4 2006 also saw the revision and publication of the second edition of the information booklets The Role of the DPP and Attending Court as a Witness.

Chief Superintendent Tom Murphy, An Garda Síochána with Olive O'Neill, Victim Support

While having these publications is an achievement in itself we recognise that the real challenge is to ensure that these publications are received by the people who most need them at the appropriate times. We are working closely with the Garda Síochána, the Courts Service and other outlets for public information to try and ensure that this information is available to those who need it.

L-R: Dr . Derek Deasy, Senior Clinical Psychologist, St . Clare's Unit, Children's University Hospital, Temple Street; James Hamilton, Director of Public Prosecutions; Claire Loftus, Chief Prosecution Solicitor; Dr . Graham Connon, Clinical Psychology Department, UCD.

Research Project on Effects of Irish Criminal Justice System on Victims

7.5 Following on from the joint conference which was held in Dublin in 2004 by the Office of the DPP, St. Clare's Unit, Children's University Hospital, Temple Street and St. Louise's Unit, Our Lady's Hospital for Sick Children, Crumlin, a significant piece of research was completed in 2006 dealing with the experience of child victims and their families within the criminal justice system. This research, which was undertaken by two doctoral students under the supervision of the School of Psychology in University College Dublin, was the first research of its kind in attempting to qualitatively investigate the views of parents and children, and to assess the perceptions of various professionals working within the criminal justice system.

7.6 The Office of the Director of Public Prosecutions assisted by identifying cases involving child victims of sexual abuse and coordinating with the Garda Síochána so that, on a confidential basis, the child and families' willingness to participate in this research could be ascertained. This research, which it is intended will be published in legal and healthcare journals, was very valuable in presenting the opinions and experiences of children who are at the centre of such cases. This forms part of a larger ongoing nationwide study. The study will have a larger sample of parents and children.

Victim Impact Reports

7.7 The Court of Criminal Appeal made an important statement on the law in relation to victim impact statements this year and issued guidelines in relation to their use in criminal cases. In the case of Director of Public Prosecutions v. Wayne O'Donoghue (18/10/06) they made the following observations:

L-R: Gemma Moran, Solicitors Division, Office of the DPP; Mark Kelly, Director, Irish Council for Civil Liberties; Joan Deane, ADVIC

• While the legislature has provided that a victim impact statement may be given by the living victim of a variety of crimes, no such legislative provision exists for the family or friends of a victim of an unlawful homicide. A practice has developed by which a sentencing judge has a discretion to permit a victim impact statement to be made in such circumstances.

James Hamilton, Director of Public Prosecutions with Jim Mchugh, Chairman of the Commission for the Support of Victims of Crime

• Such a statement should only be permitted on strict conditions: it should be submitted both to the sentencing judge and to the legal representatives of the accused in advance of the reading or making of the statement itself. The person who proposes making the statement should be warned by the sentencing judge that if in the course of making the statement in court they should depart in any material way from the content of the statement as submitted, they may be liable to be found to have been in contempt of court. If it be the case that such departure occurs and involves unfounded or scurrilous allegations against an accused, that fact may be considered by the sentencing judge to be a matter to be taken into account in mitigation of the sentence to be imposed. Every effort must also be made to ensure that the statement is not used to undermine the proper role of the prosecution in a trial, or to seek to place in the public domain unfounded or unproven allegations against a convicted person who is awaiting sentence.