THE DIRECTOR of Public Prosecutions will co-host a conference on the giving of evidence by children in the autumn, the annual prosecutors' conference was told at the weekend.
It will take place in the context of new legislation providing for interviews with children to be video recorded.
James Hamilton told the conference that the relevant section of the 1992 Criminal Evidence Act allowed such a video recorded interview - with either a member of the Garda Síochána or another competent professional - to be given in place of direct examination in the court when the child is under 14.
He pointed out that the adversarial legal system could be very daunting for children.
He also said that he would shortly publish a final report on the giving of reasons for making decisions not to prosecute. This follows the publication of a consultation paper earlier this year and the receipt of a number of submissions. The report is likely to conclude that reasons should be given to victims and to their family members, he said.
However, he added that he was convinced "of the argument that any change should be made very carefully and gradually".
"There are many changes to be considered in a potential policy change of this magnitude, including the potential operational, training and resource implications as well as consideration of the manner of such communications."
He said the report would also consider whether additional legislation was necessary to protect the communications given, or whether the existing law on qualified privilege would be enough.
"The reality is that in the vast majority of cases the decision not to prosecute is based on the fact that the office [DPP] has decided that the available evidence is not such that a case can be proved to the very high standard required in criminal cases, namely, proof beyond a reasonable doubt," he said. "The decision is based on the professional assessment of the lawyer dealing with the case on questions such as the admissibility of evidence and the weight to be attached to particular evidence."
Referring to decisions not to prosecute, he said that victims could always ask for a review of the decision.
It was also open to victims to seek an appeal against the undue leniency of a sentence. He said he was surprised that a rape victim went public in seeking such an appeal last year, as this was not necessary, and a victim could go directly to the DPP seeking an appeal.
Paul Anthony McDermott BL told the conference that there was an urgent need for legislation regulating the use of evidence obtained by the Garda Síochána through covert surveillance.
After surveying case law from the European Court of Human Rights, he said: "Any blank cheque written by the Irish legislature for the Garda Síochána in this area will not be honoured in Strasbourg.
"It is necessary for Ireland to set out its police powers in relation to covert surveillance and undercover detection in an accessible statutory framework, subject to checks and balances and tailored to the need to protect the interests of democratic society."