Michael McDowell (Independent) | Oireachtas source

However, I am saying that the whole process of jury trial has become much more complicated. I agree with Senator Ward that many aspects of the current system are protective of the accused and the rights of the accused. In the context of what is the most liberal bail law of all the common law jurisdictions and the delays that exist, from the point of view of the victim of crime, the period between the commission of an alleged offence and it being tried before a jury has become very elongated.Senator Ward referred to the George Floyd reference that I had made. I merely said that the process was very quick compared to what would happen here. On the last occasion, I pointed out that Bernie Madoff would still be on a second judicial review and nowhere near a criminal trial had he been arrested in Ireland.

One does not have to be the victim of a sexual offence. One could be the victim of an ordinary mugging or a brutalised raid on one's house. The idea that a person has to live with the accused being out on bail while wondering at what stage in the future a criminal trial is likely to happen, and being told it could be anytime in the next two years, is very debilitating for victims of crime. Senator Ward said that we do not have to ape everything that goes on in America. Maybe not, but the British, who are much closer to home, manage to have trials much faster than we do. They also lock people up pending trial much more freely than we do, so I accept that it is a balance between those two things. Justice delayed is justice denied to victims substantially. It may suit the legal profession, of which I am a member, to have a reasonably relaxed pace of things and to prepare over time for a trial but there are other interests, such as victim interests, which must be taken into account.

The other thing which must be mentioned is that in the case of many categories of crime, there are people who avail of delay to commit further crime. The law there in relation to sentencing and consecutive sentences does not seem to be imposed, or adequately imposed, so as to constitute a deterrent. I take what Senator Ward said about the Minister saying they were in touch with the Courts Service but these rules of court will have to be made. The Courts Service can indicate to the Department the existing delays we are dealing with. I am glad this Bill applies to cases pending before the courts, as well as cases which will come into existence after it is commenced.