Minister for Justice Dermot Ahern has said new legislation aimed at improving the criminal justice system’s treatment of victims and their families will be enacted in twelve months.
The heads of the Bill, which will allow the greater use of victim impact statements and allow for a second prosecution of acquitted people, will be published by the end of the year.
Mr Ahern said barring any legal impediment it would be enacted next September
However, a charity which advocates for the rights of homicide victims and their families has expressed its disappointment at Mr Ahern’s unwillingness to extend compensation payments to the relatives of some homicide victims.
AdVIC joint secretary Joan Deane said at present the criminal injuries compensation tribunal does not make awards to the relatives of homicide victims if the deceased was killed within the family.
She said the legislation governing that aspect of the tribunal’s work was framed in 1976 and needed to be updated.
“There are many situations where an extended family might be left to rear children following a homicide within the home. And financially they would be quite stretched to do that.”
Ms Dean said while AdVIC had raised the matter with Mr Ahern yesterday he had been unable to give her organisation any assurances.
Mr Ahern said given the current economic climate the €2.7 billion budget for his department for this year would not be increasing for next year. This meant he was unable to act on AdVIC’s proposals around compensation payments.
Both Mr Ahern and Ms Dean were speaking after day-long meetings in Dublin between the Minister and a variety of groups with an interest in victims’ rights. Mr Ahern met with 40 groups to discuss a variety of issues before the heads of the new Criminal Procedure Bill were published.
Under the new legislation family members of homicide victims will be guaranteed the opportunity to give victim impact statements in cases where guilty verdicts are secured. At present the trial judge has discretion on the matter.
A provision dealing with trials where acquittals are recorded will allow some cases to be retried in exceptional circumstances. Under current legislation a person acquitted of a crime cannot be put on trial twice to face the same charges.
Mr Ahern said cases would only be reopened if new evidence emerged or if it became clear that the original trial was tainted by witness tampering or intimidation. Retrials could also be ordered on a point of law.
The Bill, a draft version of which has already been drawn up, contains provisions allowing the prosecution to respond when the defence impugns the character of dead or incapacitated victims.
Under the new legislation the defence must give prior notice of its intent to use expert witnesses. Mr Ahern said the measure would prevent “ambushes” of the prosecution’s case.
A number of administrative measures are also be finalised to assist victims and their families. A new executive officer for the support of victims of crime has been established in the Department of Justice.
A new victims’ consultative forum is being established to give victims’ groups a forum to raise concerns around any issues. The forum will engage with the commission for the support of victims of crime.