The Minister for Justice has written to the Chief Justice on overcoming delays at Central Criminal Court level where trial waiting times can be up to a year. Mr O'Donoghue has asked Mr Justice Keane to consider the relationship between the Central and Circuit Criminal Courts, with a view to reducing the delays.
The Minister has expressed concern about the delays in trials getting on in the Central Criminal Court, which average a year, the Courts Service reported last week. The Chief Justice presented the report to the Minister on Thursday.
The Minister also asked him to consider the relative jurisdictions between the two courts dealing with crime.
The Central Criminal Court is the criminal division of the High Court, and all rape and murder trials must go before it. The Circuit Criminal Court deals with other serious crime, including manslaughter, fraud and kidnapping. Minor crime is dealt with by the District Courts.
It is understood that the Minister is interested in the Circuit and Central Criminal Courts having "equivalence" in certain matters, so that less legally complex crimes, but equally serious ones, could be tried in the Circuit. This would mean that there would be no implication of a lesser sentence for crimes tried there.
According to a spokesman for Mr O'Donoghue, it would be up to the President of the High Court to direct cases to the more appropriate court, on the basis of the legal complexities involved. He said the Minister is concerned about the effect on victims and their families of the long delays. Among the commitments in the Victims' Charter, launched by the Minister about two years ago, was a speedy trial.
Mr O'Donoghue is likely to receive a sympathetic response because the Chief Justice has already drawn attention to anomalies in the jurisdiction of the various courts. He has pointed out the considerable overlap in their jurisdictions.