A multi-agency juvenile protocol aimed at speeding up hearings of rape and murder cases involving children as victims or defendants has been launched by the Minister for Justice.
Aimed at having such cases involving those under 18 prosecuted and decided within a year, the procedures will make a “profound difference” to the children involved, the Minister, Jim O’Callaghan, said.
The 22-page protocol recognises children’s vulnerability and that delays in the criminal justice system can be detrimental to child victims and defendants, he said.
The Minister said the number of children committing crime has declined over the past decade but there is a “worrying increase” in sexual crimes committed by children. This area required a “whole-of-Government approach”.
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He thanked all involved in preparing the protocol, describing it as “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”.
The new arrangements mean that all those with a role in the investigation, prosecution, handling and hearing of rape and murder cases in the Central Criminal Court (CCC) involving children will seek to complete their role in the cases within shorter timelines.
Other provisions concern use of the Youth Diversion Programme and the right of a child defendant to a youth justice worker who, while not having an advocacy role, will support them and explain every stage of the court proceedings.
Serious crime cases involving children are prioritised by the Central Criminal Court, managed by Mr Justice Paul McDermott, and are currently finalised in one to two years. Prior to that, some cases could take three or more years, running the risk that a child offender could have turned 18 by the time their case is finalised and therefore fall under the more punitive adult justice system.
The protocol launch event at the Criminal Courts of Justice on Friday was hosted by the High Court president, Mr Justice David Barniville, who said it “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”.
The protocol, prepared after extensive consultation, is a “unique and unprecedented” initiative in the jurisdiction and may be extended to other courts in the future, Mr Justice Barniville said.
The group which drafted the procedures, comprising representatives of 16 organisations, was chaired by Ms Justice Caroline Biggs of the Central Criminal Court. The 16 signatories uniquely include all the bodies and agencies involved with the investigation, prosecution and court processes.
Garda Commissioner Drew Harris said the protocol “represents a very positive step in enhancing supports for vulnerable child victims and defendants”.
“As a victim-centred police service, An Garda Síochána is focused on keeping people safe, protecting the most vulnerable, and providing a consistently high standard of service.”
Other speakers at the launch event included the Director of Public Prosecutions, Catherine Pierse, and Ms Justice Biggs.
The members of the working group/signatories of the protocol include the presidents of the High and District Courts and representatives of the Department of Justice, An Garda Síochána, Office of the Director of Public Prosecutions (ODPP), Law Society; Bar Council; Tusla, the Child And Family Agency; the Courts Service and the Health Service Executive. Other members include the Probation Service, Children’s Health Ireland; Victim Support at Court; Accompaniment Support Services for Children; Forensic Services Ireland and Oberstown Children Detention Campus.
