I ASSENT Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/201
Subsidiary Legislation made under s. 697.
VICTIMS IN CRIMINAL PROCEEDINGS
REGULATIONS 2015
(LN. 2015/201)
Commencement 16.11.2015
Amending
enactments
Relevant current
provisions
Commencement
date
Transposing:
Directive 2012/29/EU
EU Legislation/International Agreements involved:
_______________________
ARRANGEMENT OF REGULATIONS
Regulation
1. Title and commencement.
2. Interpretation.
General Provisions
3. Objectives with regards to victims.
Provision of Information and Support
4. Right to understand and to be understood.
5. Right to receive information from first contact.
6. Making a complaint.
7. Right to receive information about the case.
8. Wish to be kept informed.
9. Notification to victim.
10. Right to interpretation and translation.
11. Right to victim support services.
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
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2011-24 Subsidiary 2015/201 12. Establishment.
13. Support for victims.
Participation in Criminal Proceedings
14. Rights following a decision not to prosecute.
15. Safeguards in restorative justice services.
16. Victims’ expenses with respect to criminal proceedings.
17. Encouraging compensation from offender.
18. Offences committed overseas against Gibraltar resident.
19. Receipt of complaints.
20. Victims resident in another Member State.
Protection of Victims
21. Right to protection.
22. Right to protection during investigation.
23. Right to protection of privacy.
24. Individual victim assessment.
25. Special measures.
Miscellaneous
26. Training.
27. Directions for cooperation and coordination of services.
28. Repeal and savings.
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
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2011-24 Subsidiary 2015/201
In exercise of the powers conferred upon him by section 697 of the Criminal
Procedure and Evidence Act 2011 and all other enabling powers, and in
order to transpose Directive 2012/29/EU of the European Parliament and of
the Council of 25 October 2012 establishing minimum standards on the
rights, support and protection of victims of crime, and replacing Council
Framework Decision 2001/220/JHA, the Minister has made the following
Regulations-
Title and commencement.
1. These Regulations may be cited as the Victims in Criminal Proceedings
Regulations 2015 and come into operation on 16 November 2015.
Interpretation.
2.(1) In these Regulations-
“a person with responsibility for victims” means, where the context so
admits, all or any of the following-
(a) the Minister;
(b) the Chief Executive of the Gibraltar Courts Service;
(c) the Commissioner of Police;
(d) the Collector of Customs,
in so far as it relates to matters within their competence;
“Act” means the Criminal Procedure and Evidence Act 2011;
“child” means any person below 18 years of age;
“competent authority” means a body established by law whose officers
are empowered to arrest and keep a person in custody against that
person’s will;
“criminal proceedings” has the meaning given in the Act;
“Directive” means Directive 2012/29/EU of the European Parliament and
of the Council of 25 October 2012 establishing minimum standards
on the rights, support and protection of victims of crime, and
replacing Council Framework Decision 2001/220/JHA, as the same
may be amended from time to time;
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
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2011-24 Subsidiary 2015/201 “family members” means-
(a) the spouse;
(b) the civil partner; or
(c) the person who is living with the victim in a committed
intimate relationship, in a joint household and on a stable
and continuous basis;
and includes the relatives in direct line, the siblings and the dependants
of the victim;
“restorative justice” means any process whereby the victim and the
offender are enabled, if they freely consent, to participate actively
in the resolution of matters arising from the criminal offence
through the help of an impartial third party;
“Member State” means a Member State of the European Union;
“Minister” means the Minister with responsibility for Justice;
“proceedings” shall be construed broadly to include, in addition to
criminal proceedings, all contacts of victims as such with any
authority, public service or victim support organisation in
connection with their case, before, during, or after criminal
proceedings;
“victim” means-
(a) a natural person who has suffered harm, including physical,
mental or emotional harm or economic loss which was directly
caused by a criminal offence;
(b) family members of a person whose death was directly caused
by a criminal offence and who have suffered harm as a result of
that person’s death; and
“victim support services” includes a non-governmental organisation,
legally established in Gibraltar or in a Member State, whose
support to victims of crime is provided free of charge and,
conducted under appropriate conditions, complements the action of
the State in this area.
(2) Subject to subregulation (1), any expression used in these Regulations
which is used in the Directive has the meaning given by the Directive.
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
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2011-24 Subsidiary 2015/201 General Provisions
Objectives with regards to victims.
3.(1) During investigations or prosecutions of criminal offences a person
with responsibility for victims shall have regard to the following objectives-
(a) that victims receive appropriate information, support and
protection and are able to participate in criminal proceedings;
(b) that victims are recognised and treated in a respectful,
sensitive, tailored, professional and non-discriminatory
manner, in all contacts with victims support or restorative
justice services or a competent authority, operating within the
context of criminal proceedings;
(c) that the rights in these Regulations apply to all victims in a
non-discriminatory manner, including with respect to the
victim’s residence status; and
(d) that where the victim is a child, the child’s best interests are a
primary consideration and shall be assessed on an individual
basis.
(2) In the individual assessment of the child victim’s best interests referred
to in subregulation (1)(d) a child-sensitive approach shall prevail, taking due
account of the child’s-
(a) age;
(b) maturity;
(c) views;
(d) needs;
(e) concerns.
(3) The child and the holder of parental responsibility or legal
representative shall be informed, by a person with responsibility for victims,
of a measure or rights specifically focused on the child.
Provision of Information and Support
Right to understand and to be understood.
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
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2011-24 Subsidiary 2015/201 4.(1) It shall be the duty of a person with responsibility for victims, to
ensure that a victim is assisted to understand and be understood from the
first contact and during any further necessary interaction he has with a
competent authority in the context of criminal proceedings, including where
information is provided by that authority.
(2) It shall be the duty of a person with responsibility for victims to ensure
that communications with a victim, whether orally or in writing, are given in
simple and accessible language and take into account the personal
characteristics of the victim including any disability which may affect his
ability to understand or to be understood.
(3) Subject to subregulation (4) a victim may be accompanied by a person
of his choice in the first contact with a competent authority where, due to
the impact of the crime, the victim requires assistance to understand or be
understood.
(4) A victim may not be accompanied by a person of his choice as
provided for under subregulation (3) whereby to be accompanied would be
contrary to the interests of the victim or would prejudice the course of
criminal proceedings.
Right to receive information from first contact.
5.(1) Where a victim comes into contact with a competent authority, the
victim shall be offered, without unnecessary delay, the information in
subregulation (2).
(2) The information referred to in subregulation (1) must be at least–
(a) the type of support they can obtain and from whom, including,
where relevant, basic information about access to medical
support, any specialist support, including psychological
support, and alternative accommodation;
(b) the procedures for making complaints with regard to a criminal
offence and their role in connection with such procedures;
(c) how and under what conditions they can obtain protection,
including protection measures;
(d) how and what conditions they can access legal advice, legal aid
and any other sort of advice;
(e) how and under what conditions they can access compensation;
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
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2011-24 Subsidiary 2015/201 (f) how and under what conditions they are entitled to
interpretation and translation;
(g) where a victim is not resident in Gibraltar, and the criminal
offence was committed in Gibraltar, any special measures,
procedures or arrangements, which are available to protect the
victim’s interests in Gibraltar;
(h) the available procedures for making complaints where their
rights are not respected by the authority operating within the
context of criminal proceedings;
(i) the contact details for communications about their case;
(j) the available restorative justice services; and
(k) how and under what conditions expenses incurred as a result of
their participation in the criminal proceedings can be
reimbursed.
(3) The extent or detail of information referred to in subregulations (1)
and (2) may vary depending on the specific needs and personal
circumstances of a victim and the type or nature of the crime.
(4) Additional details of information may also be provided at later stages
depending on the needs of the victim and the relevance, at each stage of
proceedings, of such details.
(5) A victim has a right to decline to receive any or all of the information
set out in this regulation.
Making a complaint.
6.(1) Where a victim has made a complaint to a competent authority that
authority must provide the victim with a written acknowledgement of
receipt.
(2) The written acknowledgement referred to in subregulation (1) must
contain the basic elements of the criminal offence concerned.
(3) The written acknowledgement referred to in subregulation (1) may be
communicated by whatever means the competent authority deems to be
expedient.
(4) If the victim is unable to understand or speak English the complaint
may be made in a language that the victim understands or by receiving the
necessary linguistic assistance.
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
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(5) If the victim neither understands nor speaks English and the victim
requests that the written acknowledgement referred to in subregulation (1)
be in a language the victim understands, the competent authority shall
provide it in that language at no cost to the victim.
(6) The information to which this regulation refers need not be provided
where the victim has requested not to receive the information.
Right to receive information about the case.
7.(1) A competent authority shall ensure that a victim is notified without
unnecessary delay of his right to receive the information in subregulation
(2) about the criminal proceedings instituted as a result of his complaint
with regard to a criminal offence suffered by him.
(2) Where a victim expresses a wish to be kept informed of his complaint
the competent authority shall inform the victim of-
(a) a decision not to proceed with or to end an investigation or not
to prosecute the offender; or
(b) the time and place of the trial, and the nature of the charges
against the offender.
(3) A competent authority shall ensure that, in accordance with the
victim’s role in the justice system, a victim is notified without unnecessary
delay of his right to receive the information in subregulation (4) about the
criminal proceedings instituted as a result of his complaint with regard to a
criminal offence suffered by him.
(4) Where a victim expresses a wish to be kept informed of his complaint
a competent authority shall inform the victim of-
(a) a final judgment in a trial; or
(b) information enabling a victim to know the state of the criminal
proceedings, unless in exceptional cases the proper handling of
the case may be adversely affected by such notification.
(5) The information referred to in paragraphs (2)(a) and 4(a) shall include
reasons or a brief summary of the reasons for the decision concerned, unless
the reasons are confidential and are not provided as a matter of law.
(6) A victim may express a wish not to be kept informed of his complaint.
Wish to be kept informed.
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
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8.(1) Subject to subregulation (2), where a victim has expressed a wish
either to receive information or not to receive information a competent
authority shall be bound by the victim’s wish.
(2) A competent authority shall not be bound by the victim’s wish where
the information must be provided due to the entitlement of the victim to
active participation in the criminal proceedings.
(3) A competent authority shall permit a victim to modify his wish at any
time, and shall take such modification into account.
Notification to victim.
9.(1) A competent authority shall ensure that a victim is offered the
opportunity to be notified, without unnecessary delay, when the person
remanded in custody, prosecuted or sentenced for a criminal offence
concerning the victim is released from or has escaped from detention.
(2) A competent authority shall ensure that a victim is informed of a
relevant measure issued for his protection in the case of release or escape of
the offender.
(3) Subject to subregulation (4), a victim shall, upon request, receive the
information provided for in subregulations (1) and (2) at least in cases
where there is a danger or an identified risk of harm to him.
(4) A notification as described in this regulation shall not be given where
there is an identified risk of harm to the offender which would result from
such notification.
Right to interpretation and translation.
10.(1) To the extent that a victim is required to participate in criminal
proceedings and that person does not understand or speak English and
requests interpretation, it shall be provided at no cost to the victim.
(2) For the purposes of subregulation (1) participation in criminal
proceedings shall be deemed to include, at least-
(a) during any interview or questioning by the police or other
investigating authority;
(b) where the victim is an active participant at a court hearing, at
that hearing; or
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
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2011-24 Subsidiary 2015/201 (c) where the victim is an active participant at an interim court
hearing, at that interim hearing.
(3) A victim who does not understand or speak English may request that
information be provided in a language which the victim understands, and
such information shall be provided at no cost to the victim if the competent
authority determines that the information requested is essential for the
victim to exercise his rights in criminal proceedings.
(4) For the purposes of subregulation (3) the following information shall
be deemed to be essential for the victim to exercise his rights in criminal
proceedings-
(a) any decision ending the criminal proceedings related to the
criminal offence suffered by the victim;
(b) where the victim has made a request, the reasons or a brief
summary of reasons for such decision,
but paragraph (b) does not apply to a decision reached by a jury or in a case
where as a matter of law the reasons are confidential.
(5) Where a victim who does not understand English expresses a wish to
be provided with a translation of the information to which he is entitled
about the time and place of the trial, in accordance with regulation 7(2)(b), a
competent authority shall ensure the victim is provided with a translation of
the information to which he is entitled.
(6) A victim may submit a reasoned request to the competent authority to
consider a document as essential.
(7) A competent authority is not required to translate passages of essential
documents which are not relevant for the purpose of enabling victims to
actively participate in the criminal proceedings.
(8) Subject to subregulation (9), the competent authority may provide the
victim with either a written translation or summary of essential documents
or an oral translation or summary of essential documents.
(9) The competent authority may provide an oral translation or summary
where an oral translation or summary would not prejudice the fairness of the
criminal proceedings.
(10) The competent authority shall ensure that a victim’s needs for
interpretation or translation are assessed, in accordance with this regulation,
and the result is communicated to the victim.
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
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2011-24 Subsidiary 2015/201 (11) A victim may within 7 days of receipt of notice of the competent
authority’s decision not to provide him with interpretation or translation
appeal to the magistrates’ court.
(12) The provision of interpretation or translation and any appeal under
subregulation (11) must not unreasonably prolong the criminal proceedings.
Right to victim support services.
11.(1) Subject to the provisions of this regulation-
(a) a person who is a victim of a crime; and
(b) where a person with responsibility for victims deems it
appropriate, a family member of a victim of crime,
shall be entitled to access victim support services and a person with
responsibility for victims and other relevant entities shall assist in referring
them to the victim support services.
(2) The victim support services referred to in subregulation (1), include
specialist support services, and must be-
(a) confidential;
(b) free of charge to the user;
(c) in accordance with the needs of the victim, available before,
during and (for an appropriate time, having regard to the needs
of the victim) after criminal proceedings.
(3) A family member’s access to victim support services shall be
dependent on the person with responsibility for victims’ assessment of their
needs and the degree of harm suffered as a result of the criminal offence
committed against the victim.
(4) The provision of services referred to in this regulation shall not be
made conditional on the victim having made a formal complaint to a
competent authority with regard to a criminal offence.
(5) In this regulation “other relevant entities” includes public agencies,
hospitals, schools, welfare or employment services who are in contact with
a victim and identify a need to refer the victim to the victim support
services.
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2011-24 Subsidiary 2015/201 Establishment.
12. Victim support services and specialist support services may be
established either as a public body or non-governmental organisation and
organised either on a professional or voluntary basis and where established
other than as a public body the Minister may, at the request of that body,
declare that these regulations will apply to it.
Support for victims.
13.(1) Victim support services as referred to in regulation 12 shall provide-
(a) information, advice and support relevant to the rights of
victims including on accessing compensation schemes for
criminal injuries, and on the victim’s role in criminal
proceedings including preparation for attendance at the trial;
(b) information about or direct referral to any relevant specialist
services in place;
(c) emotional and, where available, psychological support;
(d) advice relating to financial and practical issues arising from the
crime; and
(e) unless otherwise provided by other public or private services,
advice relating to the risk and prevention of secondary and
repeat victimisation, of intimidation and of retaliation.
(2) A person with responsibility for victims shall encourage victim
support services to pay particular attention to the specific needs of victims
who have suffered considerable harm due to the severity of the crime.
(3) The specialist support services referred to in regulation 12 shall, in the
absence of the following services, provide-
(a) shelters or any other appropriate interim accommodation for
victims in need of a safe place due to an immediate risk of
secondary and repeat victimisation, of intimidation and of
retaliation;
(b) targeted and integrated support for victims with specific needs,
such as victims of sexual violence, victims of gender-based
violence and victims of violence in close relationships,
including trauma support and counselling.
Participation in Criminal Proceedings
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Rights following a decision not to prosecute.
14.(1) This regulation applies to a case where the victim is the victim of an
offence which is punishable by a maximum of at least 5 years imprisonment
and a decision has been taken either not to charge the suspect or where the
suspect has been charged with the commission of the offence, not to
prosecute that person.
(2) Where subregulation (1) applies the competent authority must ensure
that the victim is informed of the right to be provided with sufficient
information in order to decide whether to request a review of the decision
not to charge or prosecute that person.
(3) Where a person has not been charged with the commission of an
offence the victim may by notice in writing request the Attorney-General
review the decision.
(4) Upon conducting such review the Attorney-General shall inform the
victim and the competent authority of his decision, and where the Attorney-
General considers that the suspect should be charged and prosecuted the
competent authority shall act accordingly.
(5) Where a person has been charged with the commission of an offence
falling within the description in subregulation (1) and not less than 21 days
before the date of the trial the prosecutor decides not to continue with the
prosecution the victim shall be informed of the decision and shall be
informed of the right and be provided with sufficient information to decide
whether to request a review of the decision not to prosecute.
(6) An application for a review under subregulation (5) shall be made in
writing to the Attorney-General and where after conducting the review he is
of the view that the prosecution should continue he shall instruct the
prosecutor accordingly.
Safeguards in restorative justice services.
15.(1) If a person provides restorative justice services he shall, during the
provision of those services, take measures to safeguard a victim from
secondary and repeat victimisation, from intimidation and from retaliation.
(2) The measures referred to in subregulation (1) shall ensure safe and
competent restorative justice services including the following conditions-
(a) the restorative justice services are used only if they are in the
interests of the victim, subject to any safety considerations, and
are based on the victim’s free and informed consent;
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(b) prior to agreeing to participate in the restorative justice
process, the victim is provided with full and unbiased
information about the process and the potential outcomes as
well as information about the procedures for supervising the
implementation of any agreement;
(c) the offender has acknowledged the basic facts of the case;
(d) where an agreement is arrived at voluntarily it may be taken
into account in further criminal proceedings;
(e) discussions in restorative justice processes that are not
conducted in public are confidential and are not subsequently
disclosed, except with the agreement of the parties or as
required by law due to an overriding public interest.
(3) A victim may withdraw his consent to a restorative justice process at
any time until an agreement is concluded.
(4) A person with responsibility for victims shall seek to promote
restorative justice services in criminal cases for offences which are
considered to be appropriate.
(5) The Minister may establish procedures or guidelines on the conditions
for referral to a restorative justice process, referred to in subregulation (4),
by publication of such procedures or guidelines in the Gazette.
Victims’ expenses with respect to criminal proceedings.
16.(1) A victim who incurs an expense arising from his participation in
criminal proceedings may apply to the Registrar for reimbursement and in
such a case the Registrar shall consider the application as though the victim
were a person upon whom a witness summons had been issued pursuant to
section 302 of the Criminal Procedure and Evidence Act 2011.
(2) A victim whose costs have been paid pursuant to this regulation shall
repay those costs to the Registrar if he is awarded any sum, whether by way
of compensation or otherwise, in the criminal.
(3) Where the sum received by the victim is less than the costs paid out
under this regulation, the victim shall only be liable to repay the sum equal
to the sum received as compensation or otherwise.
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2011-24 Subsidiary 2015/201 Encouraging compensation from offender.
17. A person with responsibility for victims shall promote measures to
encourage offenders to provide adequate compensation to victims.
Offences committed overseas against Gibraltar resident.
18.(1) Where a resident of Gibraltar is the victim of an offence in a
Member State the matter may be reported to the Royal Gibraltar Police, if
the victim–
(a) was unable to make the complaint in the Member State where
the offence was committed; or
(b) did not wish to make a complaint and the matter involved a
serious offence under the law of the Member State.
(2) Where subregulation (1) applies the Royal Gibraltar Police shall
transmit the complaint without delay to a competent authority in the
territory in which the offence was committed.
Receipt of complaints.
19. The Commissioner of the Royal Gibraltar Police shall receive a
complaint made through the competent authority in a Member State
pursuant to Article 17 of the Directive.
Victim resident outside Gibraltar.
20. A complaint received under regulation 19 shall for all purposes be
treated as though the complainant had made the complaint in Gibraltar.
Protection of Victims
Right to protection.
21.(1) Without prejudice to the rights of the defendant, it shall be the duty
of competent authorities to ensure that measures are available to protect a
victim and his family members from secondary and repeat victimisation,
from intimidation and from retaliation, including against the risk of
emotional or psychological harm, and to protect the dignity of the victim
during questioning and when testifying.
(2) The measures referred to in subregulation (1) shall also include the
procedures established for the physical protection of victims and their
family members.
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Right to protection during investigation.
22. Without prejudice to the rights of the defendant and in accordance with
the rules on judicial discretion, it shall be the duty of competent authorities
to ensure that during criminal investigations-
(a) interviews of victims are conducted without unjustified delay
after the complaint with regard to a criminal offence has been
made to the competent authority;
(b) the number of interviews of victims is kept to a minimum and
interviews are carried out only where strictly necessary for the
purposes of the criminal investigation;
(c) victims may be accompanied by their legal representative and a
person of their choice, unless a reasoned decision has been
made to the contrary;
(d) medical examinations are kept to a minimum and are carried
out only where strictly necessary for the purposes of the
criminal proceedings.
Right to protection of privacy.
23. In criminal proceedings the court may, on an application by a party to
the proceedings or on its own initiative, make an order-
(a) to protect the privacy, including personal characteristics of the
victim taken into account in the individual assessment provided
for under regulation 24, and images of victims and of their
family members; and
(b) to prevent public dissemination of any information that could
lead to the identification of a child victim.
Individual victim assessment.
24.(1) A competent authority shall ensure that an individual victim
assessment is carried out in a timely manner to identify specific protection
needs and to determine whether and to what extent a victim would benefit
from special measures in the course of criminal proceedings with particular
regard to the victim’s vulnerability to secondary and repeat victimisation, to
intimidation and to retaliation.
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2011-24 Subsidiary 2015/201 (2) The individual assessment referred to in subregulation (1) shall
include-
(a) the personal characteristics of the victim;
(b) the type or nature of the crime; and
(c) the circumstances of the crime,
and particular attention shall be paid to-
(d) a victim who has suffered considerable harm due to the
severity of the crime;
(e) a victim who has suffered a crime committed with a bias or
discriminatory motive which could, in particular, be related to
his personal characteristics;
(f) a victim whose relationship to and dependence on the offender
makes him particularly vulnerable; or
(g) a victim as described in subregulation (3).
(3) Victims with disabilities in addition to victims of the following types
of crimes shall be duly considered by a competent authority under
subregulation (2)(g)-
(a) terrorism;
(b) organised crime;
(c) human trafficking;
(d) gender-based violence;
(e) violence in a close relationship;
(f) sexual violence;
(g) exploitation or hate crime.
(4) A child victim shall be presumed to have specific protection needs and
an individual assessment shall be carried out by a competent authority for a
child victim under subregulation (1).
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2011-24 Subsidiary 2015/201 (5) A competent authority may adapt the individual assessment according
to the severity of the crime and the degree of apparent harm suffered by the
victim.
(6) In carrying out the individual assessment competent authority shall
closely involve the victim and take into account the victim’s wishes
including a choice not to benefit from special measures.
(7) Where the elements that form the basis of the individual assessment
change significantly during the criminal proceedings, a competent authority
shall ensure that the individual assessment is updated accordingly.
Special measures.
25.(1) Subject to subregulation (2) and without prejudice to the rights of the
defendant and in accordance with the rules of judicial discretion, it shall be
the duty of competent authorities to ensure that special measures, of the type
referred to in subregulation (3) and (4), are available for a victim who has
been assessed as requiring the special measures under regulation 24.
(2) A special measure shall not be made available if operational or
practical constraints make this impossible, or where there is an urgent need
to interview a victim and failure to do so could harm the victim or another
person or could prejudice the course of the proceedings.
(3) In interviews, the following special measures shall be available for
victims assessed as requiring special measures under regulation 24-
(a) interviews with a victim are to be carried out in premises
designed or adapted for that purpose;
(b) interviews with a victim are to be carried out by or through
professionals trained for that purpose;
(c) interviews with a victim are to be conducted by the same
persons unless this is contrary to the good administration of
justice; and
(d) interviews with a victim are to be conducted by a person of the
same gender as the victim, if the victim so wishes, where the
victim is a victim of sexual violence, gender-based violence or
violence in close relationship, unless conducted by a prosecutor
or a judge and provided that the course of the criminal
proceedings will not be prejudiced.
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/201 (4) Where pursuant to an assessment made under regulation 24, a victim
has been assessed as requiring specific protection needs, a court may, in
addition to any orders it may make under Part 19 of the Act, take-
(a) measures to avoid visual contact between victims and
offenders including during the giving of evidence, by
appropriate means including the use of communication
technology;
(b) measures to ensure that the victim may be heard in the
courtroom without being present, in particular through the use
of appropriate communication technology;
(c) measures to avoid unnecessary questioning concerning the
victim's private life not related to the criminal offence; and
(d) measures allowing a hearing to take place without the presence
of the public.
(5) Where the age of the victim is uncertain and there are reasons to
believe the victim is a child, the victim shall for the purposes of these
Regulations, be presumed to be a child.
Miscellaneous
Training.
26.(1) A person with responsibility for victims shall ensure that officials
likely to come into contact with victims, such as police officers and court
staff, receive both general and specialist training to a level appropriate to
their contact with victims to increase their awareness of the needs of victims
and to enable them to deal with victims in an impartial, respectful and
professional manner.
(2) The training referred to in subregulation (1) shall aim to enable the
practitioner to recognise victims and to treat them in a respectful,
professional and non-discriminatory manner in accordance with the duties
involved, and the nature and level of contact the practitioner has with
victims.
Directions for cooperation and coordination of services.
27.(1) The Minister may issue Directions for the purposes set out in this
regulation.
(2) A person to whom a Direction is made shall comply with the terms of
that Direction.
Criminal Procedure and Evidence VICTIMS IN CRIMINAL PROCEEDINGS REGULATIONS 2015
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/201
(3) A Direction may be issued-
(a) in order to facilitate cooperation between Gibraltar and
Member States to improve the access of victims to the rights
set out in these Regulations and the Directive;
(b) for the purposes of, and to the extent required by, Article 26(2)
of the Directive.
(4) The cooperation referred to in subregulation (3)(a) shall be aimed at
least at-
(a) the exchange of best practices;
(b) consultation in individual cases; and
(c) assistance to European networks working on matters directly
relevant to victims’ rights.
(5) The Minister may at any time issue further Directions and may amend
or revoke any Direction made by him.
Repeal and savings.
28.(1) The Standing of Victims in Criminal Proceedings Regulations 2014
are repealed, subject to subregulation (2).
(2) A direction given or action taken by a person under the Standing of
Victims in Criminal Proceedings Regulations 2014 which could be given or
taken by an equivalent person under these Regulations continues to have
effect as if given or taken under these Regulations.
