Bill to benefit juries and gardaí

Judges will have the power to send a jury home for the evening rather than keep the jurors in a hotel if they fail to reach a…

Judges will have the power to send a jury home for the evening rather than keep the jurors in a hotel if they fail to reach a verdict at the end of a criminal trial, under new legislative changes unveiled last night.

The provisions will also enable forensic evidence gathered by members of the Garda Technical Bureau to be entered into evidence in a court case without the need for the gardaí in question to be present in the court.

It is hoped the measure will free up members of the technical bureau for crime scene duties.

The provisions are contained in the Criminal Justice (Miscellaneous Provisions) Bill.

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The Bill, when enacted, will also give effect to international conventions such as those relating to cyber-crime, bribery, corruption, people smuggling and organised crime.

"The enactment of this Bill will allow for the more effective and efficient operation of our criminal justice system and will enable Ireland to play its part in developing a common approach to combat crime at an international level," said Minister for Justice Michael McDowell.

The Bill gives effect to article 15 of the United Nations Convention Against Transnational Organised Crime.

This stipulates that a state has jurisdiction over the investigation of offences such as money laundering when the offence is committed on a vessel or aircraft registered to that state.

Other provisions in the new legislation will enable Ireland to participate in the uniform investigation of cross-border cyber crime such as child pornography, infringement of copyright and computer-related fraud.

The Bill will also tighten Irish legislation in relation to bribery and corruption. These measures follow reviews and recommendations by the European Union and the Organisation for Economic Co- operation and Development relating to existing laws across the international community.

The provisions will also see the implementation of article 27 of the Schengen Agreement, which makes it an offence to facilitate illegal passage through or residence in states that have ratified the agreement.

The Schengen Agreement allows for common immigration policies as well as a relaxed border system throughout the EU, Iceland, Norway and Switzerland.

Sections of the Bill also facilitate the use in Ireland of the Schengen Information System.

This is a secure governmental database system for the purpose of maintaining and distributing information related to border security and law enforcement.

Conor Lally

Conor Lally

Conor Lally is Security and Crime Editor of The Irish Times