Criminal Law Review Issues Final Report

McDowell Welcomes Findings Of Judical Review

The judicial review body set up last November by Tanaiste and Minister for Justice, Equality and Law Reform, Michael McDowell, T.D, published their final report last week.

The panal was established to examine and review aspects of the criminal law. The Tanaiste established the Group after giving a speech in Limerick last October dealing with the issue of whether there was a need for a rebalancing of some fundamental aspects of Irish criminal law and, in particular, whether the system could reflect better the interests of victims while at the same time preserving the integrity and fairness of the criminal justice system.

Announcing the publication of the report, which he received earlier this week on his return from the United States, the Tanaiste said "I warmly welcome this report and I am very grateful to Dr. Hogan and the other members of the Balance in the Criminal Law Group for their sterling and dedicated work on these important issues. 

"It is a fair and balanced report and will I believe form a sound basis for taking forward proposals for reform in the areas with which it deals."

The Report deals in particular with the right to silence, allowing character evidence of an accused, the exclusionary rule of evidence, requiring an accused to outline the nature of his defence before or at the commencement of trial, re-opening new evidence, nullifying an acquittal where there is evidence of jury or witness tampering, "with prejudice" appeals in the case of wrongful acquittal, extending alibi evidence rules to other analogous situations, allowing submissions by the prosecution before sentencing and modifying the rule in relation to hearsay evidence.

The Tanaiste said "The Criminal Justice Bill before the Oireachtas at present already addresses the Group's thinking on the right to silence issue as set out in their earlier interim Report. 

"For example, I will introduce amendments to the present Bill dealing with the taking of statements in Garda questioning by electronic means and to deal with the problem highlighted in the Report where persons are entitled to video recordings of their questioning in Garda custody."

Due to the complicated nature of the law, other proposals will take more time to be implemented and, indeed, the Review Group felt that some issues were in need of more detailed research. Minister McDowell promised that the Justice Department will work with the group on these issues.

"Nevertheless the Group's proposals form a sound basis for an agenda for sensible reform which I strongly believe should be built on and taken forward as quickly as possible," the Minister continued.

"On some aspects, I would go further than the Group's recommendations. 

"For example, the issue of requiring a defence statement is one which, in my view, could be of huge assistance to a jury in their consideration of a case. 

"Criminal trials are getting longer and more complicated and it would be of assistance to a jury to have a summary of the contested elements of the case before they hear the evidence."

During the course of its work, the Review Group sought written submissions from interested groups and members of the public. 

The Review Group also met with a number of interested parties including victims' groups, members of the judiciary, senior members of An Garda Siochana, the Director of Public Prosecutions and Chief Prosecution Solicitor, journalists, representatives of the Human Rights Commission and legal practitioners.