Seanad debates

Wednesday, 28 June 2023

Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

Section 14C(2) of the Criminal Evidence Act 1992 provides that where a person is accused of a sexual offence and the alleged adult victim of the offence is to give evidence, "the court may direct that the accused may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the accused to conduct the cross-examination personally." This amendment broadens the scope of this protection to cover relevant offences. Within the meaning of the 1992 Act, a relevant offence under the 1992 Act already encompasses sexual offences, offences involving violence or the threat of violence, coercive control, forced marriage and certain offences. It will also include the new stalking and harassment offences and breaches of civil orders under section 27 of this Bill, which we have already discussed. This means the victims of these particular crimes cannot be cross-examined by the accused in person unless the court or the judge deems that the interests of justice require that such a cross-examination takes place in person. Extending the scope of this provision will again, similar to the Senator's previous point, safeguard victims and encourage more to come forward where there is less intimidation, retaliation and revictimisation in courtroom setting, which we already recognise and is widely recognised as hugely traumatic. I am also hopeful that by providing this protection, it will encourage more victims to come forward in the same way.

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