Announcements

16 signatories to protocol agreeing to reduce time taken to process such cases– 52 weeks set as a goal for cases involving children to be investigated and finalised.

A wide-ranging Juvenile Protocol for dealing with rape and murder cases involving children was launched today by the Minister for Justice, Mr Jim O’Callaghan T.D. in the Criminal Courts of Justice, Parkgate Street Dublin.

The event was hosted by the High Court President, Mr Justice David Barniville, and the Minister for Justice, Catherine Pierce, the Director of Public Prosecutions, An Garda Commissioner, Drew Harris, and Mr Justice Paul McDermott of the Central Criminal Court all spoke at the launch.

The protocol was developed by representatives of agencies, organisations and judiciary chaired by Ms Justice Caroline Biggs, of the Central Criminal Court.

The 16 signatories to the protocol including the Department of Justice cover a wide range of agencies, organisations and the judiciary involved in the criminal justice system. This itself is unique and unprecedented.

Pictured at the Juvenile Protocol launch were the President of the High Court Mr Justice David Barniville,  Director of Public Prosecutions, Catherine Pierse,  Mr Justice Paul McDermott, Minister for Justice Jim O’Callaghan, Ms Justice Caroline Biggs and Garda Commissioner Drew Harris.

Background:

The protocol recognises the undisputed fact that delays in the criminal justice system are detrimental to child victims and child defendants. It recognises the vulnerability of those children and the impact that delays in the system can have on their lives as well as on the fairness of the court process.

The signatories to the protocol have demonstrated their commitment to supporting children throughout the criminal justice process. The purpose of the protocol is to set out and detail the working arrangements between the signatories to achieve the objective of expediting cases involving child victims and child defendants.

In signing the protocol, the signatories have marked their commitment to seek to promote and respect children’s rights in accordance with current international best practice (as envisaged by the United Nations Convention on the Rights of the Child) and in accordance with the Children Act 2001.

The protocol also seeks to promote key strategies for reducing the harmful effects on children of contact with the criminal justice system and to minimise the stress and emotional impact of the system on children. It seeks to promote the strengthening of the criminal justice system through improved cooperation between the various agencies involved.

The protocol also seeks to:

Promote the fair treatment of those involved in the criminal justice system and a fair trial; maximise the opportunity for child victims to provide their best evidence; ensure that children can participate fully in criminal proceedings; and promote prompt and efficient trials without delay so the time between the commission of an alleged offence and the conclusion of proceedings should be a short as possible.

The protocol expressly records that the signatories recognise that in all cases the interests of the child should be a primary concern in light of the child’s constitutional and human rights.

The scope and operation of the protocol is as follows.

It applies to cases where (i) in cases of alleged rape, the victim is under 18 at the time the incident is reported to An Garda Síochána, the victim has provided a statement or statutory interview in relation to the incident and the senior investigating officer has recommended a prosecution for rape; and (ii) in the case of child defendants, the defendant is under 18 at the time the relevant incident is reported to An Garda Síochána, the senior investigating officer has recommended a prosecution for rape or murder and, if a case of alleged rape, the victim has provided a statement or statutory interview.

The protocol sets out the procedures to be adopted in cases falling within its scope in terms of the investigation of the alleged offence, the support to be given to the child involved, the submission of the relevant file to the Director of Public Prosecutions/CPS and the decision-making process within the office of the Director of Public Prosecutions.

The protocol sets out a proposed timeline which the signatories have committed to seek to achieve which is a total of 52 weeks from the initial statement/interview to the final verdict and sentence (including the preparation of the probation report).

The protocol contains commitments in relation to the supports which child defendants should receive in the court process from Youth Justice Workers, with funding committed by the Department of Justice.

The protocol also provides very significant commitments in relation to access to third-party materials which may be relevant which is where some of the signatory agencies such as TUSLA, the HSE and CHI are so important. They have committed to endeavour to comply with third-party material requests within the timelines provided for in the protocol, where legally possible.

The protocol then details the provisions and commitments in relation to the procedures for the District Court and the Central Criminal Court to enable compliance with the timelines for the disposal of cases provided for in the protocol.

The protocol contains a commitment for data to be collated to enable the signatories to assess how the protocol is working and for six monthly reviews by the working group which will continue in existence. It also provides for the possibility that the protocol could be expanded to cases involving vulnerable adults in certain circumstances and for the expansion of the scope of the protocol to other courts.

Speaking at the event the following speakers said;

Mr Justice David Barniville, President of the High Court;

“The protocol expressly records that the signatories recognise that in all cases the interests of the child should be a primary concern in light of the child’s Constitutional and human rights. It is evident that an enormous amount of work has gone into the preparation of the protocol, and I want to thank everyone involved. 

The operation of the protocol will involve additional work and additional pressures on everyone involved at all stages of the process including the judges and court staff and on members of the legal profession

I want to express my enormous thanks and gratitude and that of all of my colleagues on the High Court to Judge Paul McDermott and particularly to Judge Caroline Biggs for their tireless and unstinting work in getting this important protocol to the stage where it can now be launched with the support of everyone involved”.

Justice Minister Jim O’Callaghan said at the event launch;

“The introduction of this protocol is a really positive example of how we can work together within the criminal justice system to introduce practical improvements to how certain categories of cases are handled.

I would like to thank Judge Caroline Biggs and Judge Paul Mc Dermott and the other members of the working group for this important piece of work, which I have no doubt will make a significant contribution to how rape and murder cases involving children under 18 years of age will be managed within our courts system.

The Protocol commits to ambitious deadlines so that cases to which the protocol applies can go to trial and be completed within a time limit of 52 weeks approximately. There is no doubt that delays in trials involving children, whether as defendants or the accused, can have a very detrimental impact on the child’s life. This new protocol takes full account of this reality and will make a profound difference.”

Garda Commissioner Drew Harris:

"This protocol represents a very positive step in enhancing supports for vulnerable child victims and defendants, and An Garda Síochána is pleased to support its introduction.  As a victim-centred police service, An Garda Síochána is focused on keeping people safe, protecting the most vulnerable and providing a consistently high standard of service.

This protocol enables justice to be carried out swiftly that will help victims and their families to heal.

Furthermore, it will serve as a further protection of their rights in accordance with the Children Act 2001, recognising that all children are vulnerable and entitled to efficient due process”.

Mr. Justice Paul Mc Dermott, Judge of the Central Criminal Court;

"The proposal to develop this Protocol to Expedite Rape and Murder Cases Involving Victims and Defendants Under 18 Years of Age was prompted by what was obvious to those working in the Central Criminal Court: Children who were the victims of serious sexual offences or were accused of such offences or murder were enmeshed in a highly complex, and for them bewildering, criminal justice process which took too long.

The fact that children are drawn into this adversarial adult world at a very young age and subject to an array of processes with which they, their parents or guardians must engage is a significant source of stress for them and their families.

It is our duty as the adults who operate the criminal justice system to ensure that when children are brought to court that the service we provide is one which regards their needs and best interests as paramount. It is our duty to ensure that it causes the least possible trauma and damage to our children and apply the highest professional standards in doing so.

The level of pain and trauma in these cases is profound. The children, their parents, foster parents or carers are left to cope with the terrible effect of abuse and on top of that the unfamiliar machinations, intrusion and demands of the criminal justice process.

It is therefore essential that children are not left waiting for years to have their cases investigated, prosecuted and tried. That is easier said than done.

It is not just that delay in the criminal justice process puts a child’s life on hold. The looming trial may dominate a good part of their childhood or teenage years beyond the period of alleged abuse which itself may have lasted for a long period. It has a further detrimental effect on their education, their social and personal development, their mental and physical health, their sense of security, their recovery, confidence and growth; their still having to deal with their alleged abuser. Those concerns need to be addressed and take centre stage.

To that end there have been many changes over the last decades in the treatment of children in criminal cases and the manner in which their vulnerabilities as victims, witnesses or as the accused have been addressed. These include the Children Act 2001 and various statutory evidential reforms focussed upon children. These have not undermined the fairness of a criminal trial. Some concerns voiced about them were totally without substance”.

The Protocol has been agreed between:

The Department of Justice, the President of the High Court, the President of the District Court, An Garda Síochána (AGS), The Office of the Director of Public Prosecutions, The Law Society of Ireland, The Bar Council of Ireland, Tusla – Child and Family Agency, Health Service Executive (HSE), Children’s Health Ireland, Courts Service Ireland, Victim Support at Court (V-SAC), Accompaniment Support Services for Children (ASSC), Forensic Science Ireland (FSI), The Probation Service and Oberstown Children Detention Campus.

Click here to Download the Protocol.