Derek Nolan (Galway West, Labour)
Link to this: Individually | In context | Oireachtas source

214. To ask the Minister for Justice and Equality her plans to regulate to allow the book of evidence be available to victims for their perusal at criminal trials; and if she will make a statement on the matter. [16448/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The contents of what is commonly known as “the book of evidence” are set out in section 4B of the Criminal Procedure Act 1967. It lists a series of documents to be served on an accused person and furnished to the court. It is therefore a statutory set of documents. The book will contain the charges preferred against the accused, a list of proposed prosecution witnesses, together with a statement of their proposed evidence, a list of exhibits and usually a copy of any documentary exhibit.

If a proposed prosecution witness had access to the book of evidence, it could be prejudicial to the prosecution. It could in some cases lead to allegations from the defence that the witness was in a position to tailor his or her evidence to accord with what other prosecution witnesses were saying. It is often the case that victims are witnesses in their own cases. The witness is of course entitled to a copy of their own statement.

It is important to emphasise that the book sets out the proposed evidence only. The actual evidence given at the trial may differ based on how the witness responds to examination in chief and cross examination. In addition, some of the evidence may be ruled as inadmissible by the trial judge and may never be heard in open court. Were some inadmissible evidence to inadvertently come into the public domain, this could be prejudicial to fair procedure and due process.

For all these reasons it is not the practice for the book of evidence to be disclosed to the victim and I have no plans to amend the relevant legislation in this regard.

Although a victim will not be given a copy of the book of evidence, the Office of the Director of Public Prosecutions does offer a pretrial consultation with the legal team at which the court procedures are explained. In addition, the Office of the Director of Public Prosecutions has prepared a information for victims and witnesses (in user friendly leaflets and on its website) about the Criminal Justice System, the role of the Office and what is involved in being a witness.