Seanad debates

Wednesday, 10 June 2009

Criminal Procedure Bill 2009: Second Stage

 

12:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

I welcome the Minister. This Bill is an important component in the fight against crime. Significant improvements have been made in the context of strengthening the legislative framework to enable us to tackle crime. Public confidence in the criminal justice system has been dented by the fact that known criminals are able to walk our streets almost with impunity. This brings the entire system into disrepute. Any moves we make to strengthen the prospect of those who are guilty of serious crimes being held to account for their activities must be welcomed.

The Bill addresses two important topics. In the first instance, it revises the law on victim impact statements. A number of high-profile cases in recent years highlighted the need for certain amendments to be made in that regard. I welcome the fact that in certain circumstances acquittals can be quashed and cases retried. I accept the legal profession holds dearly to the double jeopardy rule and one can to some extent understand why that rule is in place. However, many criminal lawyers specialise in exploiting technicalities and there are those on the Bench who indulge the exploitation of such technicalities, even in respect of minor offences. As a consequence, the administration of justice may not be completely fulfilled.

Many eminent lawyers will inform people who go to court that if they are seeking justice, they are in the wrong place and what they will get there is the administration-----

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