Michael McDowell (Dublin South East, Progressive Democrats)

This amendment is effectively to allow for the transference by a court on its own motion or on the application of a triable person or the Director of Public Prosecutions to another Special Criminal Court where only if the first court decides it would be in the interests of justice to do so. In other words, it will be open to any interested party, be it the defence, the prosecution or the court itself, to seek to have a trial transferred. The transfer will only happen if it is in the interests of justice to do so. The factors that can be taken into account are set out in subsection (3).

Subsection (4) states that a trial can be transferred under this section notwithstanding that an order has been made in relation to the triable person. Subsection (1)(e) provides that if one or more Special Criminal Courts are in existence, the DPP can apply to a court to have the trial before that court. Simply put, the fact the DPP has selected a particular court to hear the case does not prejudice the rights of an interested party to apply to have it transferred to another court.

I do not believe this provision could be characterised as in any way cutting across the rights of people. It is a fair provision and it is clear that nobody can forum shop and that the court from which the trial is to be transferred must come to the view that the request is being made in the interests of justice which would be served by the transference.

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