Written answers
Tuesday, 20 November 2007
Department of Justice, Equality and Law Reform
Criminal Law Review
8:00 pm
Jim O'Keeffe (Cork South West, Fine Gael)
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Question 515: To ask the Minister for Justice, Equality and Law Reform his views on the recommendations in the final report of the balance in the criminal law review group; his proposals in this regard; and if he will make a statement on the matter. [29810/07]
Brian Lenihan Jnr (Dublin West, Fianna Fail)
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In my view, the Report of the Balance in the Criminal Law Review Group and the recommendations it contains make a very valuable contribution to the debate on the future direction for criminal law reform. The Deputy will be aware that several recommendations were already given effect in the Criminal Justice Act 2007. Part 4 of the Act, which came into effect on 1 July of this year, gave effect to the recommendations on the right to silence first made in the Interim Report delivered in February and contained again in the Final Report delivered in mid March.
In addition to the main recommendations in relation to the right to silence, the 2007 Act also took on board other recommendations in that area — see pages 97 and 98 of the Final Report. The fine levels in section 15(2) of the Criminal Justice Act 1984 (withholding information regarding firearms or ammunition) and in section 19(2) of the Criminal Justice (Theft and Fraud Offences) Act 2001 (withholding information regarding stolen property) have been adjusted. These amendments were effected by sections 48(c) and 47(b), respectively, of the 2007 Act. In both instances, the fine levels were increased to €5,000. Section 56 gives effect to the recommendation on the supply to suspects of the videotape of their interview by the Gardaí. Section 57 gives effect to the recommendation on the question of the need for a written note of the interview when a recording exists. My Department is currently undertaking an examination of the remaining recommendations. On completion of that examination I will decide what further action to take.
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