Press release
Practical reforms to overhaul the operation of criminal trials published by Minister McEntee
Published on
Last updated on
Published on
Last updated on
Minister for Justice Helen McEntee TD has today announced the publication of the Criminal Procedure Bill 2021 which will, for the first time, provide for preliminary trial hearings in Irish law.
Introducing the legislation, Minister McEntee said:
"Preliminary trial hearings will improve the operation of criminal trials, benefitting victims, the courts, defendants, witnesses and jury members.
"Trials are too often delayed or disrupted because issues which should be dealt with in advance, such as the admissibility of evidence, are subject to legal argument in the absence of the jury. Practical arrangements to determine the availability of witnesses will also help to speed up the process.
"This legislation will reduce the likelihood that a jury will be sent away immediately after being sworn in to allow for legal argument, or sent away multiple times during the trial.
"I am conscious of the very negative impact of COVID-19 restrictions on criminal trials but this practical Bill will support case management and help to ensure the parties are ready to proceed on the day of the trial. This will also deliver efficiencies as certain criminal trials will now have fewer delays."
Numerous reports over the years – on making the criminal justice system more efficient; reforming how we tackle white collar crime and corruption; and increasing protections for vulnerable witnesses in sexual offence cases as well as the Criminal Justice Strategic Committee comprising the heads of all relevant agencies - have recommended the introduction of pre-trial hearings.
Minster McEntee said the effect of delays on victims are particularly stressful, adding:
"Delays to the start of a trial and multiple adjournments have huge negative impacts. The trial process can be an incredibly stressful experience, and victims may have prepared themselves mentally for the trial to start on the designated day.
"When a trial is postponed at the last minute, or potentially interrupted multiple times for legal argument, this can make the victim’s experience all the more difficult. This legislation will importantly reduce the impact of numerous delays on victims of serious sexual offences.
"Pre-trial hearings will also mean that matters which could ultimately lead to the collapse of a trial can be identified before a jury is sworn in.
"Preventing lengthy legal argument mid-trial and helping to ensure that trials start when they are supposed to will deliver significant efficiencies and savings in the courts."
The provisions in this Bill have been developed in close consultation with the Courts Service and the Director of Public Prosecutions to ensure that they will be workable in practice, and achieve the desired outcomes. The postponement of trials arising from COVID-19 restrictions has added substantially to already lengthy delays in criminal trials.
This Bill will be included on the government’s legislative agenda and proceed for debate in both houses of the Oireachtas, subject to the agreement of the Business and Justice Committees. It is intended that it would pass all stages by the summer recess.
The full text of Bills will be published by the Bills Office in the coming days.
ENDS