The first step in major criminal law reform was taken yesterday with the establishment of an expert group to advise on the changes.
The Minister for Justice, Equality and Law Reform, Mr McDowell, announced the appointments to the group which will advise on the scope of the proposed codification of criminal law into a single Crimes Act.
"This is an important first step in activating what will be a major undertaking in criminal law reform. The aim is to bring together in one piece of legislation all the substantive criminal law of the State," Mr McDowell said.
An all-encompassing comprehensive approach which would be the ideal must be considered against the need to bring forward as soon as possible a Crimes Act which would meet the demands of citizens, legal practitioners, academics and administrators alike, he said.
The group will report by the end of the year.
Mr McDowell said the challenge facing the group was to devise an approach to codification which would bring greater clarity and consistency to criminal law. However, at the same time it should be sufficiently adaptable so as to facilitate ongoing amendments necessary to keep abreast of advances in criminology, both domestically and on a European basis.
In its deliberations the group would face many competing demands in coming to a view on the best approach to codification.
"Certainty in our law must also be balanced against the flexibility necessary to maintain judicial discretion fundamental to the common law system," he said.