Legal Briefs

A round-up of today's other legal stories

A round-up of today's other legal stories

Digital recording in courts to start today

The digital audio recording (DAR) of court proceedings will start today and be rolled out over the coming months.

This follows the signing of a contract between the Courts Service and Fujitsu earlier this month to provide digital recording technology to the courts.

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It will consist of microphones, a mixer, a recorder and speakers. The microphones capture the spoken word and transmit it as an analogue signal to the mixer, which then stores it on a computer. It can be retrieved for the preparation of transcripts, played back within the courtroom or elsewhere, or transferred to CD-ROM. It can also be sent as an email attachment for the preparation of overnight transcripts.

It will be possible to search the digital recordings randomly for a specific item or piece of evidence, unlike tapes which must be searched sequentially.

According to a spokesman for the Courts Service, DAR will allow Circuit Court judges to obtain overnight transcripts in criminal trials. With the consent of the presiding judge, counsel will also be able to get an audio file at the end of each sitting day. Such recordings will also be available to the High Court in the event of a judicial review.

Compulsory professional development is mandatory

The Bar Council had advised all members of the Law Library that participation in continuing professional development is mandatory.

In a Guidance Note it points out that each barrister is obliged to undertake continuing professional development at least for the number of hours provided for in the rules for the scheme, and keep a written record of participation in the scheme.

Failure to do so may result in referral to the Professional Practices Committee for breach of the Code of Conduct, and, if proven, may constitute professional misconduct.

The chairman of the Bar Council, Turlough O'Donnell SC, told The Irish Times that this advice, confirming the compulsory nature of participating in CPD, was part of an attempt to change the culture in the profession.

NUI Galway launches course on housing law in Ballymun

A number of people living and working in the Ballymun area have just begun a course in housing law run by NUI Galway. The course is being made available by video-link from a lecture hall in NUIG to the Ballymun Civic Centre.

The course is being given by Dr Padraic Kenna, lecturer in housing law in NUIG, and is given simultaneously to between 30 and 40 people in the Civic Centre and 40-50 BCL and LLB students in NUIG.

This includes students doing a full-time degree in law, and those with degrees in other subjects who are taking a post-graduate degree in law.

The aim of the course is to familiarise students with the principles and concepts governing housing law and policy in Ireland. The course will explore traditional areas of housing law such as mortgages, property, succession and conveyancing law as well as the law of residential landlord and tenant.

The changing nature of housing in Ireland, including EU mortgage market integration and law, the development of housing rights at national and international level and law reforms in this area are also included. "This course will place the traditional legal approaches within the more contemporary and people-centred approaches to housing law and policy," Dr Kenna said.

The origins of the course in Ballymun lie in a talk on housing law given by Dr Kenna to the Ballymun regeneration project and local councilors last year. He was then asked if it would be possible to transmit his NUIG lectures to Ballymun, and this was investigated in Galway and found to be possible through video-conferencing technology. It is believed to be the first university course transmitted to an outside venue.

As yet those attending the course in Ballymun receive an attendance certificate, but Dr Kenna hopes that by next September or October they will receive some kind of academic certification.

New district courts

The first review for almost 50 years of District Court areas has just been completed, resulting in a redistribution of work in the eastern half of the State, beginning this month.

The need for the reorganisation arises from the major demographic shifts that have taken place over the past number of decades, with both an absolute increase in the population nationally, and a particular increase in the population of the counties around Dublin. The demand for legal services and court time therefore also increased.

Following a review of demand, court venues, sittings and workloads, there are now two new Districts and two extra full-time judges assigned in the first phase of the reorganisation. This involves counties Waterford, Wexford, Wicklow, Kildare, Carlow, Kilkenny, Louth, Cavan, Monaghan and Meath. Districts are now more closely aligned with county boundaries.

A number of court venues have been amalgamated with their neighbouring District electoral areas. These are Kilmacthomas, Rathdrum, Dunlavin, Tullow, Thomastown, Dunleer, Carlingford, and Ballybay.