Court reforms seek to lessen victims’ trauma

New court procedures have been introduced to lessen the trauma faced by victims of serious crime in trials.

The reforms aim to speed up the system and deal with legal problems that cause repeated delays to trials.

Rape Crisis Network Ireland welcomed the pilot pre-trial procedures and said they could reduce the “unacceptably high” waiting time of more than 16 months between a case being sent for trial and the trial actually starting.

The procedures were introduced in December for all trials listed in Dublin Circuit Criminal Court and all new cases returned to the court from the district court for trial from today.

The procedures also start in both the midland and the south eastern circuit courts from today.

Justice Minister Alan Shatter said the pilot was part of the outcome of a working group on efficiency measures in the circuit and district courts.

“Efficiencies across the criminal justice system are being designed to speed up the system and eliminate waste. This should ensure that many of the delays which often contribute to further trauma and uncertainty to both victims and accused persons will be kept to a minimum while ensuring that the constitutional rights of defendants to a fair trial are protected.”

He said the pilot had the potential to contribute to the speedier and more efficient processing of cases.

“It requires both the prosecution and the defence sides to update the court on the state of play in the particular case and on any potential difficulties with its progress.

“The pre-trial procedure will reduce the number of mention dates and will facilitate an assessment of the readiness of cases on an earlier date than at present. By improving how the criminal justice system functions, we increase its capacity to meet the needs of victims.”

RCNI director Fiona Neary welcomed the initiative and said the impact of trial delays on victims of sexual violence couldn’t be underestimated.

“In terms of legal reform, pre-trial procedures that will reduce delay in rape cases is one of the most significant reforms RCNI have been working towards for the past four years. With many victims being asked to wait potentially traumatic years for their case to go to trial, delay is a key factor for victims in deciding whether or not to continue with a case or to report at all.

“The RCNI believe that the average length of time from return for trial to the trial taking place in the Central Criminal Court could be reduced significantly from the unacceptable high of over 16 months, as found by the RCNI commissioned research Rape and Justice in Ireland in 2009.

“Through effective pre-trial procedures this delay could be reduced to three to six months, in line with other jurisdictions.”

New procedures

*Pre-trial hearing held at least four weeks before trial date.

*Accused will have to enter a plea at this hearing.

*Prosecution will have to detail any signed written statements being submitted as evidence.

*Prosecution will have to inform any intention to have a witness give evidence by live video.

*Prosecution will state if legal representation for a rape victim is required.

*A list of all prosecution witnesses will be supplied and their availability checked.

*Prosecution must confirm compliance with disclosure obligations.

*Defence will have to state if there are any factors which will prevent trial starting on date fixed.

*Defence will have to state if there are any disclosure or pre-trial issues outstanding.

*Both prosecution and defence will state whether interpreters are required.