Pre-trial hearings to be introduced as part of reform of criminal trials

A new Bill, to be published on Thursday, aims to improve the trial process for sexual offences, white-collar crimes and organised crime

The Cabinet has approved the reforms of the trial process which will be announced by Justice Minister Helen McEntee. Picture:Gareth Chaney/Collins

New laws to make criminal trials more efficient and less stressful for victims are to be published on Thursday.

The Cabinet has approved the reforms of the trial process which will be announced by Justice Minister Helen McEntee.

The Criminal Procedure Bill 2021 will see the introduction of preliminary hearings for the first time in Irish law.

This reform is aimed at improving the trial process for sexual offences, white-collar crimes, organised crime and other more complicated cases.

The reforms will also make it less likely juries are sent away during a trial, improving the efficiency of the court process. As a result, victims are less likely to be subject to stressful delays after preparing themselves mentally for trial.

Ms McEntee has said preliminary trial hearings will improve the operation of trial hearings for victims, the courts, defendants, witnesses and jury members.

As is the case in other jurisdictions, preliminary trial hearings will help ensure the parties are ready to proceed on the day of the trial. This will deliver efficiencies and savings, as certain criminal trials will now have fewer delays.

Trials are too often delayed or disrupted because issues which should be dealt with in advance, such as the admissibility of evidence, are subject to legal argument in the absence of the jury. 

"This legislation will make it less likely that a jury will be sent away immediately after being sworn in to allow for legal argument, or sent away multiple times during the trial,” she said.

Several reports have been commissioned in recent years on making the criminal justice system more efficient, reforming how we tackle white-collar crime and corruption and increasing protections for vulnerable witnesses in sexual offence cases, and have all recommended the introduction of pre-trial hearings.

Speaking about the impact on victims, Ms McEntee said: "Delays to the start of a trial and multiple adjournments have huge negative impacts. The trial process can be an incredibly stressful experience, and victims may have prepared themselves mentally for the trial to start on the designated day.”

When a trial is postponed at the last minute, or potentially interrupted multiple times for legal argument, this can make the victim's experience all the more difficult. 

"This legislation will importantly reduce the impact of numerous delays on victims of serious sexual offences."

It is understood the provisions in this Bill have been developed in close consultation with the Courts Service and the Director of Public Prosecutions to ensure they will be workable in practice, and achieve the desired outcomes.

This Bill will be included on the Government's legislative agenda and proceed for debate in both houses of the Oireachtas, subject to the agreement of the Business and Justice Committees. It is intended that it would pass all stages by the summer recess.

The introduction of pre-trial hearings could significantly shorten the delay in criminal trials coming to court, the Director of Public Prosecutions, Clare Loftus, has said. Such hearings would decide what evidence can and cannot be introduced in a trial, and would also help crystallise disputes over what material has to be disclosed during the trial, she said.