Preliminary Observations on a Code of Ethics for An Garda Síochána
Dublin Rape Crisis Centre & The National Women’s Council of Ireland
Introduction
The Dublin Rape Crisis Centre (DRCC) is a non-governmental organisation (NGO) which
aims to prevent the harm and heal the trauma of rape and sexual abuse in Ireland. For
almost 40 years, its work has been synonymous with providing crisis counselling and longterm therapy to adult women and men who have experienced rape, sexual assault and
childhood sexual abuse. Our services include a national 24-hour helpline, one-to-one
counselling, garda and court accompaniment. Training programmes, policy interventions and
public awareness campaigns to prevent sexual violence have always been at the core of our
work. Our preventive initiatives are central to a holistic and comprehensive approach to
ending the trauma of sexual violence.
Founded in 1973, the National Women’s Council of Ireland (NWCI) is the leading women’s
membership organisation. NWCI vision is of an Ireland and of a world where there is full
equality between women and men. We represent and derive our mandate from our
membership which includes over 180 member organisations from a diversity of
backgrounds, sectors and locations. NWCI chair the Irish Observatory on Violence against
Women, providing a space for NGOs to work collectively on the issue of violence against
women. NWCI sit on the Monitoring Committee of the Second National Strategy on
Domestic, Sexual and Gender Based Violence.
We welcome this opportunity to put forward preliminary observations on the proposed
implementation of a Code of Ethics for An Garda Síochána. The creation of a code of ethics
to encourage highest standards of professionalism in policing practice in Ireland is a
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welcome initiative. This submission seeks to remind the drafters of the needs and concerns
of victims of gender-based violence (GBV) with a view to ensure that these are fully
recognised in any resulting code. It is acknowledged that An Garda Síochána has specific
guides on best practice for the investigation of both sexual violence 1 and domestic abuse2
and that these will provide detailed guidance for the investigation of crimes of GBV.
However, this submission seeks to highlight that the rights of victims of GBV must also be
reflected within a more generalised code of ethics, especially in light of Ireland’s obligations
under the Victims’ Rights Directive3 and the Istanbul Convention.4
Ireland’s International Obligations: Implications for Policing Policies
The Victims’ Rights Directive was implemented on 16th November 2015 and has created
important obligations for Ireland to cater for all victims of crime. The Criminal Justice (Victims
of Crime Bill) Bill 2015 seeks to implement the necessary legislative and policy changes to
ensure Ireland’s obligations under the Directive. These new measures will have a significant
impact on the investigation of crime in Ireland and it is important that the proposed code remains cognisant of the Directive and the rights of victims of crime to ensure maximum
compliance. In addition, Ireland has also recently signed the Istanbul Convention which
specifically provides for the rights of victims of GBV. It is hoped that this Convention will
soon be ratified and consequently, we would urge the drafters of the new code to be mindful
of this Convention.
Policing values and principles which have special resonance for victims of
gender-based violence
It is anticipated that the proposed Code will mirror other similar Codes in the UK and contain
broad themes or principles which should guide policing and ensure best practice. We wish to
highlight specific principles which are especially important for victims of GBV. Given the
complex nature of these crimes and the particular vulnerabilities of these victims, additional
1
Garda Síochána Policy on the Investigation of Sexual Crime, Crimes against Children & Child Welfare
(2010).
2
Garda Síochána Policy on Domestic Violence.
3
Directive 2012/29/EU Establishing Minimum Standards on the Rights, Supports and Protection of Victims of
Crime.
4
Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence
(2011).
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effort will be required to ensure that general principles such respect, equality, consistency
etc are fully realised in these cases.
Equality: A core guiding principle for any State body which deals with the public must be
that all persons encountered by its representatives will be treated equally. Historically,
allegations of sexual crime and domestic violence were treated with suspicion and disbelief.
Fortunately, in recent times, the criminal justice system has become much more receptive to
these allegations. For the most part, Gardaí display good practices in this area. However,
the Garda Inspectorate Report in 2014 did reveal some inconsistent practices or failures to
properly record crimes of GBV.5 To ensure equality, it is important that reports of GBV are
always taken seriously and afforded the same level of attention as report of other crimes. In
addition Gardai providing protection to women from gender based violence must take into
account the diversity that exists amongst women and ensure equal access and outcomes in
supports and assistance without discrimination on grounds of religion, disability, sexual
orientation, ethnicity or legal status.
Dignity: In light of the degrading and intrusive nature of GBV, dignity is an especially
important concern for victims of GBV and extra efforts will be required by police to ensure
that the dignity of these victims is protected to the same degree as victims of other crimes.
Every effort must be made to ensure that medical examinations and questioning is
conducted in a manner which upholds the dignity of these individuals to the greatest extent
possible.
Respect: Victims must always be treated with respect. This may require additional effort for
victims of GBV who are particularly vulnerable when engaging in the criminal justice system.
It is important that at all times, extra effort is devoted to treating these victims with respect
and creating an atmosphere of trust. These cases are often difficult to prove and are
associated with high levels of under-reporting. Additional efforts to create an environment of
respect towards these victims will contribute to greater numbers of victims staying the course
of the criminal justice process and encourage other victims to come forward to report their
experiences. Additional efforts should be made to female victims from certain marginalized
5
For example, feedback from victims of property crimes such as burglary was ‘far more positive than if the
crime was an assault or a domestic violence case’: Garda Inspectorate, Report: Crime Investigation, (Dublin:
Garda Inspectorate, 2014), Part 7, p 5.
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or disadvantaged groups, in particular minority ethnic groups including Traveller and Roma
communities.
Confidentiality: Privacy is particularly important for victims of GBV and is recognised as an
important concern within the Victims’ Directive (Article 21). Given the damaging and highlysensitised nature of GBV offences, additional efforts may be required to ensure maximum
protection for the privacy rights of these victims to avoid unwarranted distress or
stigmatisation.
Consistency: It is imperative that all victims of crime receive a consistent response from all
the individuals they encounter within the criminal justice system and that, no matter in which
part of the country victims report, they are treated with the same levels of care and respect.
Thus, consistency is a vital quality which must apply both over the course of an interaction
with one specific victim and across the entirety of Garda engagements with victims of GBV.
This consistency will be important to encourage reporting of such offences.
Communication: GBV offences are crimes of power and control. For victims of these
crimes, the criminal justice system must not further victimise them by compounding feelings
of powerlessness and lack of control. One of the key rights within the Victims’ Directive is the
right to information6 at all stages of the criminal justice process and particularly at the early
stages of investigation. This right is also recognised in Article 19 of the Istanbul Convention.
The need for effective practices to guarantee appropriate and consistent communication with
victims has also been highlighted by the Garda Inspectorate.7 Thus, communication is an
important value for these victims and it is necessary that the code recognises that
professionalism and best practice in policing requires effective communication with victims
Sensitivity: Victims of GBV have been subjected to significant trauma and breach of trust. It
is important the gardaí who will act as first responders in many of these cases treat these
victims with appropriate levels of care and empathy. Some evidence of a lack of empathy in
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7
Chapter 2 of the Directive focuses specifically on the ‘provision of information and support’.
Garda Inspectorate, Report: Crime Investigation, (Dublin: Garda Inspectorate, 2014), Part 7, p 13.
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responses to victims of domestic violence was recorded in the Garda Inspectorate Report
where staff at a woman’s refuge highlighted some disinterested responses to complaints of
domestic violence.8 Sexual and domestic violence cases are inherently complex and there
may be instances where gardaí will be frustrated by victims’ unwillingness to make an official
report or a decision to withdraw a complaint. However, it is imperative that at all times,
gardaí are understanding of the complex reasons why victims of GBV behave in the manner
they do and ensure that these victims are always treated with
appropriate levels of
understanding and empathy to avoid secondary victimisation by the criminal justice system.
Co-operation: GBV offences require a range of responses from both within and outside of
the criminal justice system. To ensure that victims are treated appropriately and afforded the
maximum potential for recovery, it is vital that Gardaí co-operate with other agencies,
including consistent and effective referral of victims to appropriate support services for
further support and treatment. This is an important theme within both the Victims’ Directive
(Article 4) and the Istanbul Convention (Article 9). As part of co-operation efforts Gardai will
commit to building up good relations and trust with different communities living in Ireland.
Education: Our understandings of the complexities of GBV are constantly evolving. To
ensure that all of the goals identified here are achieved consistently, a commitment to
continuing education and professional development of members of Garda Siochana is vital.
This goal is recognised both in the Victims’ Directive (Article 25) and the Istanbul Convention
(Article 15).
Conclusion
In light of recent developments such as the Victims’ Rights Directive and the Istanbul
Convention, the landscape of the criminal justice system in Ireland is one which is fully
responsive to the needs of victims of crime. In this context, it is imperative that the proposed
code remains at all times cognisant that the core ethical values highlighted here will require
8
Inappropriate comments reported by victims of domestic violence included: ‘there’s two of them in it’ or ‘let
him sleep it off’: Garda Inspectorate, Report: Crime Investigation, (Dublin: Garda Inspectorate, 2014), Part 7, p
6.
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special attention to ensure that they are fully realised within the challenging context of
gender-based violence.
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