An Garda Síochána

(1) Role of An Garda Síochána
(2) What you can expect from An Garda Síochána
(3) What happens when you report a crime
(4) The information and support we can offer you
(5) An Garda Síochána decisions on prosecutions
(6) Being a Witness
(7) If we do not meet your expectations
(8) How to contact us

Video provided by the Crimes Victim Helpline

The mission of An Garda Síochána is ‘Keeping People Safe’ which is also the guiding principle on which strategic and operational decisions will be based.

An Garda Síochána is a victim-centred police service, focussed on keeping people safe, protecting the most vulnerable and providing a consistently high standard of service.

We will be responsive to the needs of victims, local communities and take account of the evolving nature of crime.

The functions of An Garda Síochána are to provide policing and security services for the State through:

• preserving the peace and public order
• protecting life and property
• protecting the human rights of each individual
• protecting the security of the State
• preventing crime
• bringing criminals to justice including by detecting and investigating crime.

When you report a crime, we will investigate the matter in a proactive and timely way to help to bring those responsible to justice.

In helping you, An Garda Síochána is committed to maintaining a supportive relationship with you, and we will work to address your concerns and needs.

We will also look to ensure that your legal rights to information, advice and other appropriate assistance are met effectively and efficiently.

In supporting you, we aim to be courteous, helpful, and professional and all members of An Garda Síochána will treat victims with dignity and be respectful of your:

• gender
• race
• religious beliefs
• ethnic origin
• sexual orientation
• age
• nationality
• disability
• economic circumstances
• marital or family status
• membership of the Traveller community (if this applies).

It is also the case that the welfare of, and support for, victims is central to our partnership with community groups, voluntary organisations and other statutory agencies.

If you are the victim of a crime and you report it to us:

• we will respond in a timely manner to your call and investigate your incident
• we will give you the name, phone number and station of the investigating Garda, and the PULSE incident number.

PULSE is our computer system where we log the details of the incident and enter any updates to the investigation. The PULSE incident number is the number given to your incident so that we can quickly find the details of your case if you contact us for updates.

Staff at our dedicated Garda Victim Service Offices will acknowledge your report of the crime and keep you informed of significant developments during the investigation.

Contact details for Garda Victims Service Offices can be found here.

As a victim, we understand that you might need help and support. Therefore, when you report a crime to us, we will offer you information on a range of supports and services for victims.

Here is a list of the topics we will offer you information on. Each topic is explained briefly.

As a victim, on first contact with a Garda, we will offer you information about:

• how to report an incident to us
• your role as a victim in the criminal justice process.

We will tell you about appropriate support services for:

• victims in Ireland
• support services in your home country if you live outside Ireland.

We will also tell you how to get interpretation and translation services, if you need them.

We will tell you about special supports and practices that you might find helpful – like bringing someone with you to the Garda Station to report a crime, or being interviewed by someone of the same gender.

We will explain the compensation schemes available and the court’s role in awarding compensation.

We will give you information about how to access legal aid and whether you are entitled to expenses in certain circumstances. Read more detailed information on legal aid on the Legal Aid Board page.

We will tell you about your right to be accompanied by a person of your choice when you report an incident to the Gardaí for the first time.

You also have a right to be accompanied during any interviews with you. (They are necessary to investigate the alleged offence.)

If the Gardaí reasonably believe that the presence of the person accompanying you would not be in your best interests or would harm any investigation or criminal proceedings, they may stop that person from accompanying you. This includes cases when you are reporting incidents to, or attending interviews with, An Garda Siochána.

If that happens, you can choose someone else to accompany you.

While we are investigating your complaint, you can request details of any significant developments in the investigation. We consider significant developments to include:

• the arrest and charging of a person
• the nature of the offence with which they were charged
• the release on bail of a person (temporary release while waiting for their trial) or their remand in custody (when they are sent to jail when they are awaiting their trial)
• details of court dates, including the time, date and location of court
• information on any release of a person or their escape from custody.

During our investigation, you can also ask for a copy of your statement about what happened.

As a victim, and with your co-operation, as part of our investigation we will assess your needs to find out if there are any issues about how safe and vulnerable you might be in terms of:

• retaliation (where you may be at risk from people as a result of your report to us)
• intimidation (when other people try to influence you)
• re-victimisation (when you are caused added distress as a result of the investigation of your crime and your experience in court).

If we identify any concerns, we will make special arrangements to make sure that you feel as comfortable as possible during the trial. This could include arranging for you to enter and exit the court building through a private route –not open to the public.

In addition, subject to the court’s approval in each case, these special arrangements could include:

• excluding the public or certain people from the court
• allowing you to give evidence through a live television link.

If you are a visitor to Ireland and you are the victim of a crime, we will, with your consent, refer you to the services of the Irish Tourist Assistance Service.

We can also look to provide you with information on the victim support services available in your home country.

If you were the victim of a crime in another country and wish to report it, we can refer the details of this crime to the authorities in that country.

If you are a victim of a sexual offence, we will show special sensitivity to you and will:

• provide, if we can, a Garda of the same gender to interview you and take your statement
• provide, if we can, a doctor of the same gender if you ask us to
• give you details about any local support organisations for victims of sexual offences.

We recognise that child victims will always require special consideration in relation to their needs.

Because of this we will make sure that if you are under 18 that we will tell you of any particular measures, procedures or arrangements available that may help you as a child victim of crime.

In considering any special measures put in place to support you, we will take you best interests into account.

We will respect your views and take them into account having regard to your age and understanding. We will also provide for your parent, guardian or other authorised person to accompany you, as appropriate, when attending interviews or at court.

We will also keep you up to date on the progress of your case as well as keeping your parent, guardian or representative up to date if you wish.

In cases of domestic abuse, we will take appropriate action to protect victims and / or any of their family members who may be under threat from the perpetrators of such abuse.

This will include ensuring that victims are provided with appropriate information, support and protection in line with their needs (for example, we won’t send written updates about your case to your home if this could threaten your safety.)

We will also tell you about available support services.

If you are an older person who has been the victim of a crime, we will take all reasonable steps to protect and reassure you. We will also offer you advice about home security and your safety in the community.

This may mean that we will arrange for the local Community Garda and Crime Prevention Garda to call to you to offer advice and support.

If you have any form of disability, we will take any specific needs or requirements into account.

We will make sure that all our communications with you are in clear language.

If, for any reason, you have difficulty being understood or understanding our communications with you, we can arrange support.

For example, if you are deaf, we will get somebody who will support you to tell your story through sign language.

Please let us know if you have any particular needs and let us know if there are particular supports we could provide to assist you.

If you are not fluent in English or Irish, we will, as far as possible, provide a free interpretation and translation service so that you will receive the same quality of service as any victim of crime. When you report a crime, we will, as far as possible, provide you with a leaflet in your own language which contains all the information you will need.

If you are a member of the Lesbian, Gay, Bisexual and Transgender communities, we will manage your case with sensitivity and respect.

Where appropriate, we will also refer you to a Garda Diversity Officer within An Garda Síochána.

If you are a victim of a racist incident, we will:

• accurately record the incident
• investigate your complaint
• put you in contact with the Garda Diversity Officer in your area.

When a child has carried out the crime you have reported, your views will be taken into account when the Director of National Juvenile Office considers and determines whether or not the child should be included under the Youth Diversion Programme. Information about this can be found here.

They will also consider other matters such as the recommendation of the local Juvenile Diversion Officer.

The Youth Diversion programme is designed to help children who have committed offences. The child must admit that they were involved to avoid being formally charged and prosecuted in court.

If admitted, the child will receive a warning about their behaviour and be cautioned (warned) and may also be supervised, by their local Juvenile Diversion Officer, for a period of time.

We may invite you:

• to be present if we are cautioning (warning) the child
• to a Garda Family Conference – this is a meeting where the child who was involved in a crime or anti-social behaviour meets with a Garda and other people like the child’s parents and/or guardian. At this meeting the child’s behaviour will be discussed with regard to its effect on the victim, the community and the child’s family.

The Family Conference aims to develop a plan to help the child to avoid getting into further trouble.

We will uphold your interests as a victim whether you are present or not at either of these events.

Where a child is considered not suitable for inclusion in the Diversion Programme, an investigation file may be submitted to the Office of the Director of Public Prosecution. This office considers whether or not to start criminal proceedings.

Restorative justice is when a voluntary meeting can take place between a victim, an offender and an independent person skilled at managing such meetings.

At the meeting, the victim can tell their story. This means that the offender can see the consequences of their crime and – as much as possible – repair the harm they have caused. This can help as it gives victims a voice. It also holds offenders to account for what they have done by getting them to take responsibility and make amends.

If they prefer, victims and offenders can also communicate through the independent person rather than meeting each other face-to-face. If the victim and offender do choose to meet face-to-face, they should be asked if they would like to bring anyone to support them.

If you are a victim of crime and the offender is under 18, you could be invited to take part in restorative justice. This would allow you to say how you feel and ask questions of the offender to make them aware of the effect on you of what they have done.

If you are a victim of crime and the offender is over 18, An Garda Síochána should give you information about restorative justice, if this is an option in your case.

If you or a family member are victims of certain serious crimes (such as a murder, road collision, kidnapping or serious assault), a Family Liaison Officer may be appointed to support and guide you through this traumatic time. The Family Liaison Officer will tell you about significant developments in the investigation and give you information on appropriate support services also available to you.

When we investigate crimes, we gather all of the evidence around the incident in a fair, honest and impartial manner.

For less serious crimes, we will bring the case before the District Court in the name of the Director of Public Prosecutions (DPP).

For more serious crimes, the DPP may ask that the case is heard in a higher court, with the permission of the judge.

If the offender is a child, we will decide if they are suitable for the Diversion Programme rather than being brought to court.

Where An Garda Síochána decides to prosecute or not to prosecute a person following an investigation into an incident you reported to us, we will write to you to let you know of that decision. Sometimes we tell you this in person.

For certain offences, including drunkenness and public disorder offences, an adult offender may receive a caution (warning) rather than face prosecution.

However, the offender must acknowledge responsibility for their behaviour before they are considered for a caution.

When an Investigation File has been submitted to the Office of the Director of Public Prosecutions (DPP) about the incident you reported to An Garda Síochána, the DDP will decide on whether to start a prosecution or not. The DPP Office will notify you of the decision.

For information on how you can seek the reasons for the decisions made by the Office of the DPP and/or to seek a review of decisions made see the Office of the Director of Public Prosecutions page.

You may receive a letter telling you we do not intend to prosecute. If this happens, you may ask for a summary of the reasons why. If you are not satisfied, you can ask for the decision to be reviewed by the Superintendent at the Garda Station where your incident was investigated, or, where appropriate, by the Director of Public Prosecutions.

There are time limits on requesting a summary of reasons or a review of the decision, as follows:

Summary of reasons not to prosecute – you must ask for the summary within 28 days of receiving the letter or information telling you we do not intend to prosecute.

Review of the decision not to prosecute – you must ask for a review within 56 days of receiving the letter or information telling you we do not intend to prosecute.

To make either request you must complete a form:

• Request Form – Summary of Garda reasons not to prosecute
• Request Form – Review of Garda reasons not to prosecute.

You can get these forms at any Garda station.

These time-limits (28 days or 56 days) may be extended where the Gardaí or Director of Public Prosecutions, as appropriate, is satisfied that it is warranted (necessary).

As the European Union’s Victims Directive came into effect on 16 November 2015 you can only request a Review or a Summary for incidents reported after that date.

If you are a victim and appearing in Court as a witness, you are entitled to certain things.

Where possible, you may meet the prosecutor who is presenting the case in court.

You can ask court staff if you can wait in an area away from the suspect and their family and friends.

You can have special arrangements made for you such arranging for you to enter and exit the court building through a private route not open to the public.

In addition, with the court’s approval, these special arrangements could include:

• excluding the public or certain people from the court
• allowing you to give evidence through a live television link.

You will be introduced to someone at the court who can answer your questions about what is happening in the case during the trial.

If a person is convicted for the crime against you, you can make a Victim Impact Statement setting out how the crime has affected you.

The Gardaí are responsible for paying witnesses’ expenses.

This is the cost to you of coming to court to give evidence. These expenses may include the cost of travelling, meals and, in some cases, accommodation.

The Garda Superintendent in the area where the case is being taken will pay your expenses. The Garda dealing with your case can handle this for you. They may ask you for receipts for your expenses.

In some cases, you may be able to get an advance on expenses before the case so that you can travel to court.

If we do not meet your expectations and you would like to ask questions, make suggestions or make a complaint about our service, you can contact your local Garda station and ask for the officer in charge or contact the Garda Victim Liaison Office.

Your local Garda station.

Their contact details are available at www.garda.ie

Address: The Garda Victim Liaison Office, An Garda Síochána, Garda National Protective Services Bureau, Harcourt Square, Dublin 2, D02 DH42.

Tel: 01-666 3349 or 01-666 3453

Email: [email protected]

Website: www.garda.ie

The email address is monitored during business hours, and we will respond to your query as soon as possible.

If you wish, you may also refer your concerns and / or make a complaint to the Garda Síochána Ombudsman Commission

Address: 150 Abbey Street Upper, Dublin 1, D01 FT73.

Tel: LoCall 1890 600 800 or 01-871 6727

Email: [email protected]

Website: www.gardaombudsman.ie