McDowell names members of legal review body

Tánaiste and Minister for Justice Michael McDowell has named the members of a new legal body set up to examine and review some…

Tánaiste and Minister for Justice Michael McDowell has named the members of a new legal body set up to examine and review some of the State's ageing criminal laws.

The board of the Balance in the Criminal Law Review Group will assess how dozens of old laws affect modern trials and recommend whether they be updated.

Among the areas to be looked at are the right to silence, character evidence and rules on alibis.

The legal experts will also examine the merits of allowing submissions by the prosecution before sentencing.

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The board must report back by March 1st, 2007.

Mr McDowell has said there is a need to ensure the scales of justice are held evenly between those who break the law and those who uphold it, between the accused and the prosecutor and between criminals, victims and the community.

The areas identified for review include:

  • The right to silence
  • Allowing character evidence of an accused
  • The exclusionary rule of evidence.
  • Requiring the accused to outline the nature of his defence before or at the commencement of a trial.
  • Nullifying an acquittal where there is evidence of jury or witness tampering.
  • With prejudice appeals in the case of wrongful acquittal.
  • Modifying the rule in relation to hearsay evidence.

Mr McDowell said he has requested the body examine these areas and any other proposals regarding criminal law, evidence and procedure that may come to its attention.

The review group, which will start commence its work immediately, will also seek written submissions from interested groups and from members of the public. Advertisements seeking submissions will be placed in the press shortly.

The Balance in the Criminal Law Review Group will be chaired by Dr Gerard Hogan, SC, Law School, Trinity College, Dublin. The other members are Professor David Gwynn Morgan,UCC; Richard Humphreys, BL; Nora Owen, Chairperson of the Justice Group of the Institute of European Affairs and Member of the Commission for the Support of Victims of Crime; Barry Donoghue, Deputy Director, Office of the Director of Public Prosecutions; Caitlín Ní Flaithearthaigh, Advisory Counsel, Office of the Attorney General; Tony McDermottroe, Assistant Secretary, Department of Justice, Equality and Law Reform and Ken O'Leary, Assistant Secretary, Department of Justice, Equality and Law Reform.