Oireachtas Joint and Select Committees
Tuesday, 23 March 2021
Joint Oireachtas Committee on Justice, Defence and Equality
Victims' Testimony in Cases of Rape and Sexual Assault: Discussion.
Ms Caroline Counihan:
On the structure of the courts, it depends on how one looks at that. The physical environment is certainly important for any witness, including vulnerable witnesses. There is no question about that. We are talking about the physical security of witnesses due to give evidence about extremely intimate and difficult personal matters who face a triggering experience of being re-traumatised. It is all very difficult, but much can be done to improve the physical comfort and security of the building itself. Where, unfortunately, it is not possible to wave a magic wand and change the physical configuration of the building, it is about having the right attitude among all those who are concerned with that victim. I refer to the court accompaniment people, the Courts Service staff, the members of An Garda Síochána a victim will meet, the prosecuting lawyer and the way the victim is treated by the judge so that they all have the victim's need for privacy and security well in mind.
If one is faced with a situation where one does not have a great building, where it is quite small and it is hard to avoid contact with the accused, who as we know very often is on bail, as a witness very often one is terrified of meeting that person. The victim has every reason to know that he or she is likely to be triggered by seeing the person again, to the point where he or she would be unable to talk to anybody about anything. Then it is a question of working together to find imaginative solutions such as having everybody arrive at different times and for people to be escorted everywhere. One can find some solution if one has the right attitude and the right understanding that this is a traumatic and difficult experience. It is in the interests of the witness but also of the whole system, if you like, to ensure that a witness feels as secure and safe as possible.
I do not know if that answers Deputy Howlin's question. When he first began to talk, I saw it from a different point of view. I wondered if it was a question about a specialist court. I know it is not something that I have spent time on in our submission. In a way, we have at least half a specialist court anyway. Deputy Howlin may be aware that in Scotland a cross-judicial agency review was published recommending the creation of a single specialist court there. We are half the way here with our Central Criminal Court. We are pretty far along the way in some ways. Does that answer the question?
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