1. Domestic Violence In European Criminal Law Chair: Mike Kennedy Speakers: Rhiannon Evans, Supporting Justice Sara Chrzanowska, European Commission Dr Andrea Ryan, University of Limerick

2. Victims’ Rights Directive Establishes minimum standards on rights support and protection of victims of crime Establishes minimum standards on rights support and protection of victims of crime Adopted 25 th October 2012 Adopted 25 th October 2012 51 page Guidance Document 51 page Guidance Document – issued by DG JUSTICE, December 2013 For Implementation 15 th November 2015 For Implementation 15 th November 2015

3. Articles Article 1Objective – Victims to receive information support & protection – Treated with respect, sensitivity, tailored to needs professionally and non-discriminatory – Child victims - best interests is primary consideration Child sensitive approach Child sensitive approach Those with parental responsibility to be informed Those with parental responsibility to be informed Article 2 Definitions – Victim = person suffered harm or economic loss through crime – Family members of victims who died as a result of crime and who have suffered harm as a result (?)

4. Article 3 Right to understand & be understood Member states to take appropriate measures to assist victims to understand and be understood Member states to take appropriate measures to assist victims to understand and be understood Simple language oral or written taking account of personal characteristics of the victim Simple language oral or written taking account of personal characteristics of the victim Victims may be accompanied at first meetings if impact of crime means victim needs assistance to understand / be understood Victims may be accompanied at first meetings if impact of crime means victim needs assistance to understand / be understood

5. Article 4 Right to receive information 1.Type of support medical psychological & accommodation 2.Complaint procedures relating to the crime 3.Protection 4.Legal advice 5.Compensation 6.Interpretation & translation 7.Provisions to assist non-residents 8.Complaints procedures for problems on rights 9.Contact details for communication about their case 10.Info on restorative Justice services 11.Expenses incurred for their participation in the criminal case

6. Article 5 Right to receive information about the case Specifically a)Any decision not to proceed with an investigation or not to prosecute an offender b)The time and place of trial and nature of charges against the offender

7. Articles Article 6 - V rights when complaining Article 6 - V rights when complaining Article 7 – V right to interpretation & translation Article 7 – V right to interpretation & translation Article 8 – V right access victim support services Article 8 – V right access victim support services Article 9 – Minimum support via support services Article 9 – Minimum support via support services Article 10 – V right to be heard Article 10 – V right to be heard – national law = Victim Personal Statement (VPS) here

8. Article 11 V Rights in event of decision not to prosecute Right to have review a decision not to prosecute Right to have review a decision not to prosecute R v Killick (2011) [EWCA] Crim 1608 - Thomas LJ R v Killick (2011) [EWCA] Crim 1608 - Thomas LJ – “as a decision not to prosecute is in reality a final decision for a victim, there must be a right to seek review of such a decision” – DPP Keir Starmer QC states that reviews should be available to all victims which is in line with article 10 of the European Directive.

9. Articles Article 12 – Restorative Justice safeguards Article 12 – Restorative Justice safeguards Article 13 – Right to legal aid if V party in case Article 13 – Right to legal aid if V party in case Article 14 – Right to reimbursement of costs for involvement in criminal proceedings Article 14 – Right to reimbursement of costs for involvement in criminal proceedings Article 15 – V right to return of property Article 15 – V right to return of property

10. Articles Article 16 – V right to compensation from offender in criminal proceedings Article 16 – V right to compensation from offender in criminal proceedings Article 17 – Rights of V resident in other EU state Article 17 – Rights of V resident in other EU state Article 18 – General right to protection Article 18 – General right to protection Article 19 – Right to avoid V & offender contact Article 19 – Right to avoid V & offender contact Article 20 – Vs right to protection during investigation Article 20 – Vs right to protection during investigation

11. Articles Article 21 – Protection of Vs right to privacy Article 21 – Protection of Vs right to privacy Article 22 – Assessment of Vs protection needs Article 22 – Assessment of Vs protection needs Article 23 – Protection Vs with special needs Article 23 – Protection Vs with special needs Article 24 – Child Vs extra protection provisions Article 24 – Child Vs extra protection provisions Article 25 – Training for contact with Vs Article 25 – Training for contact with Vs

12. Articles Article 26 – Co-operation & collaboration Article 26 – Co-operation & collaboration Article 27 – Laws & regs in force by 16 Nov 2016 Article 27 – Laws & regs in force by 16 Nov 2016 Article 28 – Data Supply to Commission Article 28 – Data Supply to Commission

13. Reports of Implementation Austria Austria Belgium Belgium Bulgaria Bulgaria Croatia Croatia Cyprus Cyprus Finland Finland France France Greece Greece Ireland Ireland Latvia Latvia Lithuania Lithuania Luxembourg Luxembourg Netherlands Netherlands Romania Romania Slovakia Slovakia Slovenia Slovenia 16 States failed to report by 22 nd February 2016

14. Domestic Violence In European Criminal Law Chair: Mike Kennedy Speakers: Rhiannon Evans, Supporting Justice Sara Chrzanowska, European Commission Dr Andrea Ryan, University of Limerick

15. Thank you !