Written answers

Tuesday, 8 October 2013

Department of Justice and Equality

Criminal Prosecutions Issues

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
Link to this: Individually | In context | Oireachtas source

429. To ask the Minister for Justice and Equality if his attention has been drawn to the fact that in some criminal cases where a suspended sentence has been imposed the term of the sentence may expire due to lengthy judicial review appeal processes; and if he will make a statement on the matter. [41894/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that judicial review applications that can be heard in less than one day are given a hearing date within 3 weeks of the parties informing the court that they are ready to proceed. Applications requiring longer than one day are given a hearing date within 3 months of the parties notifying the court that they are ready to proceed. I am also informed that where it is brought to the attention of the High Court that an application for judicial review relates to a sentencing case the court expedites the hearing of the judicial review.

In addition, new court rules for judicial review proceedings were introduced by S.I. 691 of 2011 which, inter alia, require an application for judicial review to be made within 3 months of the date of the decision that is to be reviewed. This rule has enabled the High Court to reduce the time that elapses between the making of a decision, such as a decision to impose a sentence, and the completion of the judicial review process.

Comments

No comments

Log in or join to post a public comment.