Plans to help crime victims ‘may collapse trials’
The Irish Council for Civil Liberties (ICCL) said it was “deeply concerned” over legislative proposals for the Justice for Victims’ initiative being finalised by the Government.
The Government intends to introduce legislation which will reform the victim impact statement rules, as well as measures to protect victims in the justice system. However, some changes being considered, according to the ICCL, could impact adversely on the justice system and not add to victims’ rights.
Speaking at the Oireachtas Committee on Justice yesterday, director of the ICCL Mark Kelly outlined three key concerns.
Initiatives being considered include making reference to a defendant’s character or previous criminality while the trial is in progress. This, he said, could see innocent people jailed and guilty people remaining free.
Another part of the proposal for victims is to relax the exclusion rule for evidence, allowing the submission of materials in court, even if there is a technicality around how gardaí obtained them.
Plans to change rules whereby judges could overturn jury decisions have also caused concern, said the ICCL.
Research involving 16 victims and justice groups found the majority were opposed to the measures for victims that actually were targeting suspects, said ICCL research officer Deirdre Duffy.
Victims groups want a binding charter of rights introduced in the victim legislation. Justice Minister Dermot Ahern’s office said the bill would be drafted by the end of the year.
Victims also want more screens in courtrooms to protect witnesses’ identities, and more metal detectors in rural courts to check for weapons.
The ICCL said it also had concerns modern electronic surveillance techniques being used by Gardaí in investigations were not backed in law.
