An Evaluation of the Scope of Victim’s Rights in Irish Law and of the Impact of the EU Victims’ Rights Directive

Abstract

The EU Victims’ Rights Directive (‘the Directive’, ‘Victims’ Rights Directive’ or ‘VR Directive’) is perhaps the most significant cross-border legal instrument concerning the right of victims in the criminal justice process; it is certainly the most significant from the point of view of Irish law. As well as extending the range of substantive rights of victims, the Directive significantly expands the scope of protection in national systems; a key principle it contains, reflecting the free movement principle of European Union (EU) law, is that the rights and protections it contains should not be made conditional upon residence. The Victims’ Rights Directive takes a global approach and applies to all types of crime victim. This chapter focuses on the implementation of the Victims’ Rights Directive in Irish law from the point of view of criminal procedure and the pre-existing framework of Irish law relating to the standing and rights of victims of crime. It has not been possible in the timeframe to carry out direct research with victims of their actual experience of the criminal justice process. From the point of view of victims, the implementation of the law is not just confined to the question of acquittal or conviction of the accused, but encompasses their experience of the procedure from the beginning of being a victim through to acquittal or sentencing. Only some of this can be assessed through the standard of legal and doctrinal sources of criminal procedure and existing evaluations of implementation of the VR Directive....