Chapter 3: Developments in Victims Rights in Ireland Shane Kilcommins, Susan Leahy and Eimear Spain. 3.1 Introduction This chapter documents some of the legislative and policy developments relating to victims’ rights in Ireland, Internationally, there has been growing recognition of the interests and needs of victims in the criminal justice system over the past few decades, where previous emphasis had been predominantly on the rights of the offender (Christie, 1977; O’Hara, 2005). The result, in Ireland and in other jurisdictions, has been a series of developments which seek to enhance the support provided to victims, particularly in terms of their role as witnesses in court. 3.2 Legal Developments The Irish courts and legislature are beginning to take more account of the interests of victims of crime and there has been an expansion in service (welfare) and procedural (participatory) rights. This ‘mainstreaming of victim-centred justice’ (Goodey, 2005: 35) in Ireland is evident in the introduction of a series of provisions designed to accommodate victims. To begin with, one can refer to the introduction of live television links in the courtroom. Ordinarily, the adversarial nature of the Irish criminal process requires that witnesses are examined viva voce in open court. In recognition, however, of the trauma that this may impose on victims of specified sexual or violent offences (LRC 1989, 120-121) the legislature enacted section 13 of the Criminal Evidence Act 1992 which provides that victims, among other witnesses, can give evidence in such cases via a live television link. In the case of victims of such offences who are under the age of 18 1 or are persons suffering from a ‘mental handicap’(s 19), there is a presumption in favour of giving evidence via television link (s. 13(1)(a)).. In all other cases, leave of the court is required (s. 13(1)(b). More recently, section 39 of the Criminal Justice Act 1999 provides that where a witness is in fear or subject to intimidation in any proceedings on indictment for an offence, that person may, with leave of the court, give evidence through a live 1 The Criminal Evidence Act 1992 originally set this age at ‘under 17’, but this was amended b y section 257(3) of the Children Act 2001. brought to you by CORE View metadata, citation and similar papers at core.ac.uk provided by University of Limerick Institutional Repository