Bill introducing preliminary trial hearings clears Oireachtas
Legislation providing for preliminary trial hearings for the first time in Irish criminal law has cleared the Oireachtas.
The Criminal Procedure Bill 2021 completed its final stages in the Seanad yesterday and will now be sent to the President for signing and enactment.
The bill, developed in consultation with the Courts Service and the Director of Public Prosecutions, implements recommendations raised in successive reports into the conduct of criminal trials in the State.
The DPP, Claire Loftus, said in 2019 that the introduction of preliminary hearings is the “most important thing” that would help the Irish criminal courts work more efficiently.
James Browne, minister of state for law reform, said: “This is the first time preliminary trial hearings will be provided for in Irish law. They have the potential to bring huge improvements and efficiencies to our criminal justice system – real progression that will be felt by all parties including victims, juries and defendants.
“We often hear of delays in trials due to lengthy legal argument over the admissibility of evidence or other such matters. While these arguments are resolved, the jury is sent away. These delays can be lengthy and disruptive.
“Preliminary trial hearings will help make sure that many of these matters can be argued and resolved before the jury is empanelled, reducing delay and disruption, and helping to keep proceedings on track and running more efficiently.”
He added: “Victims have told us how difficult it is for them to have to mentally prepare for a trial, only to have it not proceed on the set date, or to have proceedings drag out due to repeated adjournments.
“I want to do as much as I can to make the trial process as humane as possible, while still protecting the important rights that accused persons have to defend themselves robustly.”