Dáil Éireann Debate, Wednesday - 19 September 2012
174. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which organised criminal activity continues to impact on crime prevention with particular reference to the intimidation of witnesses and or jurors or others; the extent to which prosecutions have been taken to address such issues in each of the past three years to date; and if he will make a statement on the matter. [39591/12]
View answerThe Deputy will be aware that there is in place a significant body of legislation underpinning the work of An Garda Síochána in targeting serious and organised crime. Included in this legislative framework is provision for an offence relating to intimidation of witnesses and jurors.
Section 41 of the Criminal Justice Act 1999 makes it an offence to harm or threaten, menace or in any other way intimidate or put in fear a person who is assisting in the investigation by An Garda Síochána of an offence or a witness or potential witness or a juror or potential juror in proceedings for an offence, or a member of his or her family, with the intention to obstruct, pervert or interfere with an investigation or the course of justice.
In 2009, with the introduction of the Criminal Justice (Amendment) Act 2009, the penalty upon conviction on indictment for this offence was increased to a fine or imprisonment for a term not exceeding 15 years or both. The following table shows the position with regard to the number of proceedings commenced and convictions secured for offences under section 41 of the 1999 Act for the period 2009 to 2012.
|
Year |
Proceedings |
Convictions * |
|
2012 (to date) |
3 |
0 |
|
2011 |
56 |
7 |
|
2010 |
43 |
12 |
|
2009 |
31 |
12 |
*Figures are provisional and may change in light of the outcome of court proceedings
I can assure the Deputy that An Garda Síochána will continue to rigorously pursue those involved in all forms of criminal activity and in doing so will enforce the provisions of the law relating to any evidence of witness and/or jury intimidation.
