Dáil Éireann Debate, Monday - 11 September 2023
1082. Deputy Pa Daly asked the Minister for Justice her views on pre-trial hearings as established under the Criminal Procedure Act 2021, their functions, how often they have been used and any plans she has to review their effectiveness; and if she will make a statement on the matter. [37348/23]
View answerAs the Deputy will be aware, in March last year, I commenced the Criminal Procedure Act 2021, which allows for pre-trial hearings for the first time in Irish law.
The introduction of preliminary trial hearings is one of a number of recommendations of ‘Supporting a Victims Journey’, my plan to reform the criminal justice system to make it more victim-centred.
Their use will improve the trial processes for a range of offences, including sexual offence cases by helping the trial process run more smoothly and reducing the potential for further trauma for victims.
Preliminary trial hearings will also allow for certain technical and sensitive matters to be addressed in advance of the trial itself starting. In the case of sexual offence cases this will include defence applications to question a victim about his or her sexual experience.
I am committed to doing as much as I can to make the trial process as sensitive to the needs of the victim as possible, while still protecting the important rights that accused persons have to defend themselves robustly.
The Deputy may be aware that a post-enactment report on the Criminal Procedure Act 2021 was completed 12 months after enactment (in accordance with Dáil Standing Order 164A and Seanad Standing Order 168) and is available at the following link;
opac.oireachtas.ie/Data/Library3/Documents%20Laid/2022/pdf/RE9KZG9jc2xhaWQwODExMjJfMDgxMTIyXzEzMTcyMg==.pdf
The report indicated that it remains too early to make any statement about the overall impact of pre-trial hearings as the legislation only commenced last February.
I can assure the Deputy that all legislation is kept under review and I will consider any changes necessary to ensure it remains effective, proportionate and fully compliant with due process and the Constitution.
As the Deputy will be aware, management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.
The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.
To be of assistance, I have referred the Deputy's question in relation to how often preliminary trial hearings have been used to the Courts Service for direct response.
