Inadmissibility and use of certain evidence in subsequent legal proceedings
113 Inadmissibility and use of certain evidence in subsequent legal proceedings
Despite any rule of law to the contrary—
an application for victims support and any documents supporting the application (whether or not furnished when the application is lodged) or any documents furnished to, or prepared by or on behalf of, the Scheme Executive at any time in connection with the application, and
an application for statutory compensation or for payment for approved counselling services under the Victims Support and Rehabilitation Act 1996 and any documents supporting the application (whether or not furnished when the application is lodged) or any documents or transcript of evidence in a hearing of the application furnished to, or prepared by or on behalf of, the Tribunal at any time in connection with the application under that Act,
are not admissible as evidence in any legal proceedings (whether criminal or civil) other than criminal proceedings in which the applicant is the accused arising from substantially the same facts as those on which the application is based.
Subsection (1) does not prevent the admission of evidence—
against the applicant in criminal proceedings in which the applicant is the accused, or
in proceedings before the Tribunal to determine any issue arising under or in relation to the determination of an application of a kind referred to in subsection (1).
However, if any medical report supporting an application for victims support—
is lodged with the Tribunal under section 58 of the Administrative Decisions Review Act 1997 in connection with review proceedings under Part 5 of this Act, or
is admitted as evidence in review proceedings under Part 5,
the report must not be disclosed or provided to the applicant in those proceedings.
A person cannot be required (whether by subpoena or any other procedure) to produce any application or document that is not admissible in evidence in legal proceedings under subsection (1) in, or in connection with, any such legal proceeding.
In this section—
applicant means a person who has made an application for—
victims support under this Act, or
statutory compensation or payment for approved counselling services under the Victims Support and Rehabilitation Act 1996.
This Act’s bill:Explanatory memorandumSecond reading speech
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