Written answers

Tuesday, 24 September 2013

Department of Justice and Equality

Court Procedures

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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447. To ask the Minister for Justice and Equality the extent, if any, to which he has studied the length of time taken to bring a case to court from the time of initial charge and commencement of proceedings on average; if the time factors involved here equate with those in other jurisdictions; the most commonly quoted reason for any delays; if the courts at District, Circuit, High or Supreme Court level are affected to a lesser or greater degree by such delays; the best means of addressing such issues; and if he will make a statement on the matter. [39612/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I have no role in the investigation, prosecution or trial of alleged offences. This is a long standing principle of our system of justice. The role of An Garda Síochána is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions (DPP). The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The DPP, who is independent in the performance of her functions, makes her decision on the basis of the Garda findings viewed against the background of common and/or statute law. Insofar as the details of the management of the investigations are concerned, including matters relating to the preparation of books of evidence and the time taken to bring a case to court, the Deputy will appreciate that I have no direct role in this matter.

The procedures which are to be followed in relation to commencement of court procedures are set out in law, including the legislative timeframes involved. As the Deputy will be aware, under the Courts Service Act 1998, the management and administration of the courts is a matter for the Courts Service while the allocation of the business of the courts, scheduling of cases and management of lists are matters for the judiciary and in particular the Presidents of the courts. The Deputy will also be aware that judges are, subject to the Constitution and the law, independent in the exercise of their judicial functions.

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