Dermot Ahern (Louth, Fianna Fail)

Jury intimidation is a serious matter which goes to the heart of our criminal justice system. The Government is committed to ensuring the integrity of the jury system, and it was because of my concern about this matter that I introduced specific legislative measures to counteract this problem.

Section 41 of the Criminal Justice Act 1999 creates the offence of harming, threatening or menacing or in any other way intimidating or putting in fear a juror or potential juror, or a member of his or her family, with the intention of causing the course of justice to be obstructed, perverted or interfered with. It is important to note that potential jurors are included - that is, people who have been called for jury service but who have not been empanelled on a jury. I increased the penalty for this offence in the Criminal Justice (Amendment) Act 2009 so that it is now punishable on indictment by a fine or a term of imprisonment of up to 15 years, or both.

There are, however, elements in society who have a contemptuous disregard for the rule of law and who are prepared to take any measures, including the intimidation of jurors, and indeed whole communities, to subvert it. I refer in particular to terrorist groups and to organised criminal gangs. In facing up to threats from these sources, one of the essential mechanisms available to the State is the use of the Special Criminal Court, which hears trials for certain offences without juries where it is considered that the ordinary courts are inadequate to secure the effective administration of justice. This eliminates the possibility of jury intimidation in these cases while retaining the other important procedural guarantees of the judicial process. This option is available to the Director of Public Prosecutions under the Offences against the State Act 1939 and under the provisions of the Criminal Justice (Amendment) Act 2009, which provide for the use of the Special Criminal Court in cases related to organised crime.

If there is any need to consider the law again to ensure further protection of jurors, I will do so. In this regard, the Law Reform Commission has been examining the law on juries and is due to publish a consultation paper on the subject next week.

See this speech in context