Rape and murder trials involving child victims and defendants to be expedited

Rape and murder trials involving child victims and defendants to be expedited

Rape and murder trials involving victims and defendants under the age of 18 are to be expedited under a new protocol.

The wide-ranging new juvenile protocol was launched at the Criminal Courts of Justice on Friday evening by justice minister Jim O’Callaghan.

It was produced by a group chaired by Ms Justice Caroline Biggs of the Central Criminal Court and involving representatives of 16 organisations — said to be an unprecedented collaboration between criminal justice agencies and actors.

Expedited trials should take no longer than 52 weeks from Garda interview to final verdict and sentence, the protocol says.

“The protocol expressly records that the signatories recognise that in all cases the interests of the child should be a primary concern in light of the child’s constitutional and human rights,” Mr Justice Barniville told the launch event.

“It is evident that an enormous amount of work has gone into the preparation of the protocol, and I want to thank everyone involved. 

“The operation of the protocol will involve additional work and additional pressures on everyone involved at all stages of the process including the judges and court staff and on members of the legal profession.

“I want to express my enormous thanks and gratitude and that of all of my colleagues on the High Court to Judge Paul McDermott and particularly to Judge Caroline Biggs for their tireless and unstinting work in getting this important protocol to the stage where it can now be launched with the support of everyone involved.”

Mr O’Callaghan said: “The introduction of this protocol is a really positive example of how we can work together within the criminal justice system to introduce practical improvements to how certain categories of cases are handled.

“I would like to thank Judge Caroline Biggs and Judge Paul McDermott and the other members of the working group for this important piece of work, which I have no doubt will make a significant contribution to how rape and murder cases involving children under 18 years of age will be managed within our courts system.”

He added: “The protocol commits to ambitious deadlines so that cases to which the protocol applies can go to trial and be completed within a time limit of 52 weeks approximately.

“There is no doubt that delays in trials involving children, whether as defendants or the accused, can have a very detrimental impact on the child’s life. This new protocol takes full account of this reality and will make a profound difference.”

The criminal justice process for child victims and defendants in such cases has so far taken “too long”, Central Criminal Court judge Mr Justice Paul McDermott told the launch event.

He said: “The level of pain and trauma in these cases is profound. The children, their parents, foster parents or carers are left to cope with the terrible effect of abuse and on top of that the unfamiliar machinations, intrusion and demands of the criminal justice process.

“It is therefore essential that children are not left waiting for years to have their cases investigated, prosecuted and tried. That is easier said than done.”

As if anticipating criticism, Mr Justice McDermott pointed out that previous reforms, including the Children Act 2001, had “not undermined the fairness of a criminal trial”, adding: “Some concerns voiced about them were totally without substance.”

Garda commissioner Drew Harris said: “This protocol represents a very positive step in enhancing supports for vulnerable child victims and defendants, and An Garda Síochána is pleased to support its introduction.”

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