Written answers

Wednesday, 18 May 2011

Department of Justice, Equality and Defence

Court Procedures

8:00 pm

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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Question 52: To ask the Minister for Justice and Equality if measures adopted for vulnerable witnesses providing court testimony in this State are in accordance with the UN Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime; and if he will make a statement on the matter. [11879/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Criminal Evidence Act 1992 contains a range of measures designed to protect vulnerable victims and witnesses. For example, section 16(1)(b), as amended, makes provision for the video recording of a statement made by a person under 14 years of age, or with an intellectual disability (in respect of whom a sexual offence or an offence involving violence is alleged to have been committed) during an interview with a member of An Garda Síochána or any other person who is competent for the purpose. It provides that such a video recording shall be admissible at a trial as evidence, provided that the person whose statement was video recorded is available at the trial for cross examination.

I am informed by the Garda authorities that, given the need for sensitivity and confidentiality surrounding sexual crimes, there is a clear advantage from an investigative perspective both for An Garda Síochána and victims of such crimes in conducting such interviews away from Garda Stations. Dedicated interview suites have therefore been established in six strategically chosen locations throughout the State, which are used by An Garda Síochána to record interviews with such victims. Work is also nearing completion on the establishment of a further facility.

The 1992 Act also provided the basis for evidence to be given through a live television link by a person under 17 years or a person with an intellectual disability in any case involving a sexual offence or one involving a threat of violence or attempted violence. While such evidence is being given except through an intermediary, neither the judge, nor the barrister or solicitor concerned in the examination of the witness, shall wear a wig or gown.

Section 14(1) of that Act provides that, in the case types mentioned, where such persons are giving evidence, the court may, on the application of the prosecution or the accused, direct that questions be to a witness be put through an intermediary if satisfied that, having regard to the age or mental condition of the witness, the interests of justice require.

Several of these special provisions were replicated in the Criminal Procedure Act 2010 in order that they would also apply when such witnesses are giving victim impact evidence at sentencing hearings.

I am informed by the Courts Service that they comply with the relevant UN Guidelines in respect of child victims and witnesses of crime and provides the necessary video link facilities as required under the 1992 Act.

Subject to approval by the Government, I expect to bring forward further measures to take the formality out of court proceedings for children and prevent any intimidation by the accused.

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