Televising of trials would boost public access to legal process - DPP

THE TELEVISING of trials would allow a much wider range of people to have access to what is happening in the courts, the Director…

THE TELEVISING of trials would allow a much wider range of people to have access to what is happening in the courts, the Director of Public Prosecutions has said.

James Hamilton said attendance at trials was not possible for many members of the public, with most people having jobs which require them to be otherwise engaged while trials are taking place.

"In practice, the members of the public who attend trials are very often retired people or those who have time on their hands and who have an interest in what is happening in the courts."

He stopped short, however, of recommending the introduction of televised trials, expressing concern at the likely impact of TV cameras on court proceedings.

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"There might be a tendency in some cases for people to appeal to public opinion rather than to the judge and jury," he said.

While he believed that TV cameras in court could play an important role in educating the public, Mr Hamilton said that he did not think the undoubted advantages of improving public education and accessibility to what happens in court outweighed the risk of the trial process being corrupted.

Mr Hamilton also said he was not convinced that the televising of trials would have a deterrent effect on criminals.

"While court procedures would impress with their seriousness and solemnity, some of the procedures followed in criminal trials can be cumbersome and even archaic and I doubt that they would necessarily convince everybody that the criminal justice system was operating at its most efficient."

Paschal Feeney, president of the Association of Garda Sergeants and Inspectors (AGSI), which has called for certain criminal trials to be televised, said such a move would improve public confidence in the courts.

"The wider public would obtain a fuller picture as a trial progresses and would be in a better position to understand or interpret the decision of the judge and/or jury," said Mr Feeney.

Many victims want to express their grief, trauma and hurt as evidenced by the fact that many give interviews after trials, he said, adding: "It is our opinion that many victims and their families would welcome an opportunity to give their evidence to televised courts."

The AGSI says that the televising of criminal trials involving manslaughter, murder and kidnapping would also allow the public to see the extent of witness intimidation.

However, Ken Murphy, president of the Law Society, said that the educational potential of cameras being allowed in courtrooms was doubtful, as "only the most sensational criminal trials would be televised, and these account for a small percentage of trials that take place".

The risk to due process and the proper administration of justice would be too great if Irish trials were televised, according to Mr Murphy.

"However, should TV cameras be allowed in Irish courtrooms, the Supreme Court would be a good place to start, and on the basis that the entirety of the legal argument be televised so anyone truly interested could watch it all," he added.