The Law Reform Commission is to recommend better case management to reduce delays in criminal trials. Tim O'Brien reports.
But the commission has decided not to recommend that the director of public prosecutions be given power to appeal unduly lenient sentences by district court judges - at least until there is reliable data in the area.
The Law Reform Commission's Report on Prosecution Appeals and Pre-Trial Hearings to be launched by Mr Justice Hugh Geoghegan this evening, also decided against recommending "with prejudice" prosecution appeals, which would involve overturning a jury verdict of acquittal.
In explaining its reasoning on the case management issue the report notes there are often unnecessary delays in trials. It recommends consideration be given by the courts service to the introduction of a pre-trial questionnaire to assist legal teams in their management of cases.
While the commission considers that, in principle, sentences imposed in the District Court that are unduly lenient should be subject to review, and that there is a perception that inconsistent sentences are imposed, there is as yet no reliable data on the subject on which to make a recommendation.
But the commission welcomes the proposed introduction of an Irish Sentencing Information System which should provide reliable data in the area for consideration in the future.
In the case of jury trials the commission notes that following its 2002 deliberations "without prejudice" appeals are now available to the DPP which would not overturn an acquittal, but which could correct any legal errors for future cases.
On the other hand "with prejudice" trials which could involve the overturning of an acquittal, are a complex matter. In any case this issue is to be examined by the Balance In The Criminal Law Review Group established last October and the commission therefore concludes that it would not "at this time" recommend the introduction of with prejudice appeals by the DPP.
The commission argues that operation of extended avenues of appeal should be examined before deciding on further right for the prosecution.
The commission welcomes the proposed Enforcement of Fines Bill, which could stop offenders going to prison for non-payment of fines. The commission also reiterates a recommendation in its Report on the Courts Poor Box: Probation of Offenders (2005) on the need to introduce more non-custodial options for District Court judges.