More Changes In The Law From Justice Minister Ahern

The Minister for Justice, Equality and Law Reform, Dermot Ahern T.D., has published a major new Bill that reforms the law on victim impact statements and that ends the ban on retrying people who have been acquitted even where important new evidence emerges later about their involvement in the offence.

The Criminal Procedure Bill 2009 reforms significantly the victim impact statement but also deals with the issue of double jeopardy.

According to Mr Ahern, one of the key elements in the new Bill is the possibility that, in future, a person who has been acquitted may be tried again.

"This will be welcomed by most people, especially by the victims, who feel affronted and scandalised by the knowledge that guilty persons were not being convicted for their crimes," he said.

"The possibility of retrials will arise in three situations. They are when new evidence emerges, where the original trial was 'tainted' by perjury or intimidation or where the trial judge gave a mistaken ruling on a point of law and this leads to an acquittal." 

Turning to victim statements, the Minister said: "I am pleased to have been able to accede to calls from many organisations representing victims of crime to have the present system updated.

"These reforms are directed in particular at improving the position of the families of victims. At present only living victims have an entitlement to make a statement.

"I know many Judges permit family members to make a statement in cases where the victim is not able to do so. But my belief is these families are themselves entitled to be regarded as victims and to have an entitlement to make a statement in the same way as another victim."

"I am using this opportunity to provide that parents or guardians could speak on behalf of a child who was a victim or a person who suffers from a mental disorder. This Bill will also enable vulnerable victims to deliver their statement by television link.

"I recognise that victims must not feel pressured into making statements if they felt unable or unwilling to do so. This Bill makes it clear therefore that no inference can to be drawn that would suggest the offence had no impact when a victim does not make a statement."

Mr Ahern said he was acutely aware of the need to uphold the basic principles of the criminal justice system, principles such as innocent until proven guilty, right to a fair trial in courts that are independent and the right to full legal representation.

He said that he is satisfied the new Bill will not interfere with those principles. He said that, on the contrary, he believed the new legislation will close an intolerable gap in our system.