The report of an expert group into the jurisdiction of the criminal courts has recommended that theCourt of Criminal Appeal should not be abolished and that a new approach to staffing the court should be taken.
The recommendation, one of nineteen, is part of a package of measures aimed at streamlining aspects of the judicial system given to the Minister for Justice, Mr McDowell today.
Abolition of the Court of Criminal Appeal and the transferring of its powers to the Supreme Court was placed on the Statute book under the Courts and Court Officers Act (1995).
The expert group said this provision created confusion over the status of the court and should be repealed, unless the Government intends to act on the status of the court in the short term.
At least eight judges should be appointed to hear appeals in the Court of Criminal Appeal, two from the Supreme Court and at least six from the High Court. The group also proposed that the requirement to seek leave to appeal to the court be abolished as this process serves no useful purpose.
The most significant changes put forward by the report would see murder and rape cases being tried in the Circuit Court, rather than to the Central Criminal Court. This in due in part to the 14 month delay in hearing cases before the Central Criminal Court.
However, complex fraud and competition cases should no longer be tried in the Circuit Court and should be moved the High Court, where, the expert group suggests, the required level of expertise for these cases is to be found.
A pilot scheme of preliminary hearings to resolve some of the questions that may delay of interrupt a trial, has also been recommended.
A preliminary hearing would allow issues such as whether the prosecution has made full disclosure of its evidence to the defence and also the admissibility of certain evidence. This would serve to cut down on the number of legal challenges, the group found.
The report was drawn by a working group of senior members of the judiciary lawyers and representatives from the Garda Siochana and Director of Public Prosecutions. It was chaired by Supreme Court judge, Mr Justice Fennelly.
With regard to the District Court the group recommended that the maximum fines available be increased to €10,000.
It also suggests extending to all those accused of minor offences the option of trial by jury. The current system allows some offences to be tried summarily while others come before a jury trial. The expert group said this situation is not rational and gives rise to unfairness. The DPP objects to this change.
And on the issue of sentencing guidelines, the expert group agreed there was a need a system of objective guidance but suggested an independent study into the area because sentencing was not in the remit of today's study.
