Victims of crime also have right to justice

VICTIM Support, a voluntary association, is the premier agency dealing with victims of crime in Ireland. On a daily basis we see victims who have been traumatised by their experience of becoming a crime victim, some of them experiencing it for the second and third time.

Many will get over the experience with the help of families, neighbours or colleagues or with the assistance of one of the Victim Support projects. Some will struggle to do so without any outside help.

For the vast majority, the sense of violation will have major long-term consequences and implications for their lives. We are not talking here about some abstract problem or some complex legal question: we, in Victim Support, are confronted daily with the reality of crime in Ireland.

Two cases taken randomly from the dozens in our recent case-load spring to mind.

There was, recently, the case of a 65-year-old woman who was mugged on a busy city street. Her bag, containing many treasured family photos and no more than £3 in cash, was snatched. During the attack, the woman suffered a broken hip which failed to heal properly. She had to enter long-term care and was left with no option but to sell her home. She died some months later. Everybody who had counselled her was convinced of one thing: the attack on her - just another routine mugging - on a city street was a major factor in her early death.

There is also the case of the two young women who worked until recently in a busy suburban shop. They have now opted for the safety of the dole queue rather than be subjected to one more attack. Both were victims of no fewer than 13 attacks, some with syringes and knives. And many of these offences were committed by persons who were out on bail for other alleged crimes.

In all, some 5,500 victims of crime were attacked by offenders who were on bail. And we would stress that, these are the reported figures only. (Victim Support maintains that only one crime in four is reported to the Garda.)

Daily we all experience the emotional and social costs and effects of, crime. Crime has become a very real experience for all of us. If it has not touched us personally, it will have-touched some family member, work colleague or acquaintance. The effects are all around us people especially the elderly-living in fear. Many are now prisoners in their own homes.

There are also the people who have had their cars stolen, their homes burgled or their property stolen or damaged.

Victims feel under attack, vulnerable and abandoned. They feel that society and particularly the criminal justice system have all but abandoned them. They are angry and confused at the violation of their personal security and privacy. Some despair at the loss of their self-esteem and at the failure of society to protect them. Many have a total lack of trust in the ability of the State to protect them in their own communities.

Contrary to popular belief victims of crime do not want revenge or a "pound of flesh".

What they want is relatively simple and straightforward. They want parity under the law, justice and consideration in our courts and the return of their self-esteem. Furthermore, they, want the right to be heard and have the hurt that has been done to them recognised and taken into consideration when offenders come before the courts - not to mention compensation for their pain and suffering.

Offenders must be held accountable and totally responsible for their actions. That is one of the reasons I so vigorously support the proposed measure on bail.

Victims of crime must be regarded as more than just pawns within the criminal justice system. They must be regarded as a very necessary part of the prosecution of justice and be accorded the respect and support that they deserve. It must be remembered that victims of crime never have, the choice of whether they are going to be a victim or not, unlike the offender "who enjoyed that choice at some stage.

In the current bail debate, it appears that the rights of the crime victim have in some quarters become less important than the rights of the offender.

The suggestion that innocent persons are going to suffer as a result of the proposed changes is no more than scaremongering. The reality is that the rights of accused to bail will be dealt with by the courts which will consider each case on its merits, taking into account the person's previous record in relation to bail and the seriousness of the case before the court. Ideally, I would also like the court to assess the impact of the crime on the victim, when considering the bail question.

Once bail has been refused remand prisoners should, I believe, be held in a separate facility from that of the main prison population.

In overall terms, we in Victim Support see this proposed bail amend as a timely re-examination of rights of the accused against those of society in general and the individual in particular.

VICTIMS of crime will see the introduction of the bail amendment as an acknowledgment of their plight. It will also represent a hopeful sign that, after years of marginalisation, the rights of crime victims are moving towards centre-stage.

A Yes vote would simply bring Ireland into line with other EU countries, the US, Canada and Australia. At present, we have the most liberal bail regime in the Union. In practically every other modern state, custodial remand is permitted in order to prevent the alleged offender committing further crime.

Indeed, under the European Convention of Human Rights the "presumption of innocence" co-exists with the right to detain to prevent re-offending.

Victim Support endorses the proposed amendment of the bail laws, even if many more changes are required before crime victims are totally reassured.

Victims of crime need to be able to let go of their experience of crime so that they can begin the healing process and make a speedy return to health and a more normal lifestyle.

Support for the bail amendment will help, in some measure, to achieve that goal.