Oireachtas Joint and Select Committees

Wednesday, 25 September 2013

Joint Oireachtas Committee on Justice, Defence and Equality

Fourth Programme of Law Reform: Discussion with Law Reform Commission

10:45 am

Mr. Justice John Quirke:

The second question is one with which most members of the committee will be familiar - it concerns disclosure and discovery in criminal cases. Commissioner O'Malley will be of considerable assistance on this. Disclosure and discovery in criminal cases is quite a delicate matter. Accused persons in criminal cases are facing the loss of liberty. Prima facie, they are and should be entitled to any documents which are relevant to the matters which may result in their incarceration and loss of liberty. That proposition sounds straightforward enough but there are difficulties, including questions of privacy, personal health and children. I will ask Commissioner O'Malley to give the committee further assistance on this.

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