S.I. No. 173/2018 - Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th May, 2018.

I, CHARLES FLANAGAN, Minister for Justice and Equality, in exercise of the powers conferred on me by section 1 (2) of the Criminal Justice (Victims of Crime) Act 2017 (No. 28 of 2017), hereby order as follows:

1. This Order may be cited as the Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2018.

2. In this Order—

“Act of 1992” means the Criminal Evidence Act 1992 (No. 12 of 1992);

“Act of 2017” means the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017).

3. The 30th day of May 2018 is appointed as the day on which the following provisions of the Criminal Justice (Victims of Crime) Act 2017 (No. 28 of 2017) shall come into operation:

(a) section 19(2)(c);

(b) in section 30—

(i) paragraph (a),

(ii) paragraph (b)(i),

(iii) paragraph (b)(ii) for—

(I) the Central Criminal Court,

(II) the Circuit Court,

(III) the Dublin Metropolitan District of the District Court,

(IV) the District Court sitting in District No. 1,

(V) the District Court sitting in District No. 2,

(VI) the District Court sitting in District No. 3,

(VII) the District Court sitting in District No. 5,

(VIII) the District Court sitting in District No. 6,

(IX) the District Court sitting in District No. 7,

(X) the District Court sitting in District No. 8,

(XI) the District Court sitting in District No. 9,

(XII) the District Court sitting in District No. 10,

(XIII) the District Court sitting in District No. 12,

(XIV) the District Court sitting in District No. 13,

(XV) the District Court sitting in District No. 15,

(XVI) the District Court sitting in District No. 19,

(XVII) the District Court sitting in District No. 22,

(XVIII) the District Court sitting in District No. 23,

(XIX) the District Court sitting in District No. 24, and

(XX) the District Court sitting in District No. 25,

(iv) paragraph (b)(iii),

(v) paragraph (c),

(vi) paragraph (d) for—

(I) the Central Criminal Court,

(II) the Dublin Circuit Criminal Court, and

(III) the Dublin Metropolitan District of the District Court,

(vii) paragraphs (e) and (f),

(viii) paragraph (g) (amending section 14C (inserted by section 36 of the Act of 2017) of the Act of 1992),

(ix) paragraph (h),

(x) paragraph (i) (amending section 16(1) (amended by section 37 of the Act of 2017) of the Act of 1992),

(xi) paragraphs (j) to (l),

(xii) paragraph (m) (amending section 19A (inserted by section 39 of the Act of 2017) of the Act of 1992), and

(xiii) paragraph (n).

GIVEN under my Official Seal,

23 May 2018.

CHARLES FLANAGAN,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not propose to be a legal interpretation).

This order appoints 30 May 2018 as the date on which certain provisions of the Criminal Justice (Victims of Crime) Act 2017 (No. 28 of 2017) shall come into operation. The provisions concerned are section 19(2)(c) and section 30, which amend provisions of the Criminal Evidence Act 1992 , as amended by the Criminal Law (Sexual Offences) Act 2017 , providing special measures for the protection of victims in court proceedings.

Section 30(b)(ii), which allows a victim to give evidence through a live television link, will come into effect for the Central Criminal Court, the Circuit Court and a number of District Court districts. Section 30(d), which allows a witness to give evidence from behind a screen, will come into effect for the Central Criminal Court, the Dublin Circuit Criminal Court and the Dublin Metropolitan Region of the District Court.