Oireachtas Joint and Select Committees

Wednesday, 17 May 2017

Select Committee on Justice and Equality

Criminal Justice (Victims of Crime) Bill 2016: Committee Stage

9:00 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The rules of court currently make provision for the recording of court proceedings. Order 67A, rule 3, of the Circuit Court rules and Order 12B, rule 3, of the District Court rules provide that the record of any criminal proceedings shall be made or cause to be made by a person appointed by the Courts Service. The rules separately provide that unless otherwise authorised by the rules or by the court, no person other than the Courts Service or a person authorised by it on its behalf shall make any record of proceedings otherwise than by written or shorthand note. Where persons are authorised by the court to record proceedings, it is done subject to and in accordance with any direction given by the court. If there is a risk that persons in the court could seek to make an unauthorised recording, the courts may also rely on their inherent jurisdiction to regulate proceedings and prohibit the making of such a recording. Further, under section 19 of the Bill, if a court is satisfied that there is a need to protect a victim from victimisation, intimidation or retaliation, the court may, on application of the prosecution, exclude the public or individuals from the court.

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