The publication of the Victims' Charter by the Government yesterday is a sensible and overdue measure which, however belatedly, acknowledges the rights of victims and heralds a greater transparency in the workings of the criminal justice system. The Charter works to ensure a systematic response to the needs of the victim at each stage of a Garda investigation. It places an onus on the Garda to provide information on the course of their investigation to victims and their families and to inform them of forthcoming prisoner releases. Families who feel aggrieved by a lack of co-operation from the Garda can complain to the Community Relations Section or to the local superintendent.
The Charter represents a triumph for Mr Derek Nally and his colleagues in Victim Support, who have fought for a decade and more on behalf of victims of crime. Critically, under its terms, victims of crime will be now able to demand a review of their case when the DPP decides not to prosecute. A senior legal assistant in the DPP's office, who has not been involved in the case, will conduct the review. Many victims, however, might prefer a more open system where the DPP or the review officer would be obliged to explain their decision. But the Minister for Justice maintains that the review system will give victims the reassurance that the case has been looked at afresh.
The Government's initiative comes no less than 16 years after controversy first raged about the DPP's decision not to prosecute in a particular high-profile case. In 1983, there was a furore in the media and in the Dail when the DPP, Mr Eamonn Barnes, decided not to prosecute Malcolm Macarthur for the murder of Mr Donal Dunne. Under pressure from the media, Mr Barnes issued a statement explaining why he felt unable to explain the decision. He pointed out that if he made a statement in the Dunne case, he would have to make them in all cases, which could amount to a conviction without trial or to suspicions of malpractice, or both.
The case made by Mr Barnes is not an insubstantial one. The reason for a non-prosecution in a particular case may have little or no relevance to the issue of guilt or innocence. As he has pointed out, his office might decide not to prosecute because of the non-availability of a particular proof or because of the sudden death or departure of an essential witness. For all that, it is also important to focus on the rights of victims. Many have suffered sudden and incalculable loss as a result of serious crime. For some, the sense of anguish can be heightened when, for some unexplained reason, the person charged with the offence is not prosecuted or walks away from the court after a nolle prosequi is entered by the State.
The review system, announced yesterday by Mr O'Donoghue, represents a compromise between the rights of victims and the principles of natural justice. It gives victims a right of appeal - without undermining the presumption of innocence of the accused.