Criminal Justice (Victims of Crime) Act 2017
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Special measures during investigations | ||
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17. (1) The special measures which may be implemented in respect of a victim during the course of an investigation of an alleged offence include the following: | ||
(a) that any interview with the victim— | ||
(i) be carried out in premises designed or adapted for that purpose, | ||
(ii) be carried out by or through persons who have been trained for that purpose, and | ||
(iii) where there is more than one interview, be carried out, where possible, by the same member or members of the Garda Síochána or the same officer or officers of the Ombudsman Commission, as the case may be; | ||
(b) where the alleged offence involves sexual violence, gender-based violence or violence in a close relationship, that the victim be informed of his or her right to request that interviews are carried out by a person of the same sex as him or her. | ||
(2) A special measure which is the subject of a direction under section 15 (8)(b) shall be made available to a victim unless— | ||
(a) legal, operational or practical constraints render it impossible to do so, | ||
(b) during the course of an investigation of an alleged offence by the Garda Síochána or the Ombudsman Commission, as the case may be, there is an urgent need to interview the victim and there are reasonable grounds for believing that a failure to do so may result in harm to the victim or another person, | ||
(c) the application of a special measure would be prejudicial to a criminal investigation or criminal proceedings, or | ||
(d) the application of the special measure would be otherwise contrary to the administration of justice. |