Preliminary trial hearings to become law by summer

Preliminary trial hearings to become law by summer

Helen McEntee

Preliminary trial hearings will be introduced in Irish law for the first time by the summer under government plans announced today.

The Criminal Procedure Bill 2021 will implement a recommendation raised in successive reports into the conduct of criminal trials in the State.

The bill, which the government hopes to steer through the Oireachtas before the summer recess, has been developed in consultation with the Courts Service and the Director of Public Prosecutions.

Justice Minister Helen McEntee said: “Preliminary trial hearings will improve the operation of criminal trials, benefiting 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 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.”

She added: “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.”

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