Written answers

Tuesday, 25 October 2011

Department of Justice, Equality and Defence

Witness Intimidation

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 450: To ask the Minister for Justice and Equality his plans if any to prevent intimidation of witnesses by criminals on bail; and if he will make a statement on the matter. [31579/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Section 41 of the Criminal Justice Act 1999 makes it an offence to harm or threaten, menace or in any other way intimidate or put in fear a person who is assisting in the investigation by An Garda Síochána of an offence or a witness or potential witness or a juror or potential juror in proceedings for an offence or a member of his or her family, intending to obstruct, pervert or interfere with an investigation or the course of justice.

The original penalty provided for in the 1999 Act upon being found guilty under this section was 10 years. In view of the gravity with which this type of criminal activity is viewed, the penalty was increased to 15 years by the Criminal Justice (Amendment) Act 2009.

The Gardaí rigorously enforce the provisions of the law relating to witness and jury intimidation and, of course, will continue to do so.

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