The case for a national court for indictable crime

• Author: Paul Carney
• Position: Judge of the High Court
• Pages: 1-10

THE CASE FOR A

NATIONAL COURT

FOR INDICTABLE CRIME

THE HON. MR. JUSTICE PAUL CARNEY*

For many years I have commented on certain

anomalies in the distribution of criminal business in the

courts of Ireland. Delays in the listing of cases in the Central

Criminal Court have now prompted the Minister for Justice,

Equality and Law Reform to have the jurisdiction of the

courts examined with a view to tackling the delay problem. A

working group is also undertaking a more fundamental

examination of jurisdictions.

I understand that the Circuit Criminal Court in Dublin

can give a trial date within weeks. In the Central Criminal

Court it takes about 16 months and rising to get a trial. If the

case has to be adjourned it takes a further 16 months to get it

back on the rails. While there is a “no adjournment” rule that

cannot be absolute. Essential witnesses get heart attacks,

accused persons periodically self-mutilate to postpone their

trials and victims have to sit their Leaving Certificate and so

forth.

As the judge having charge of the list in the Central

Criminal Court I regularly receive letters from the families of

victims and the relatives of persons allegedly murdered.

There is great distress occasioned by the delay for families

seeking closure. The alleged attacker is likely to be on bail

and frequently lives near the alleged victim involving daily

contact. What causes particular distress is when the case is

adjourned by either the prosecution or defence occasioning a

further 16 months delay without notice to or consultation

2001] A National Court for Indictable Crime 1

* Judge of the High Court. This article is based on a paper presented at

the University of Capetown during a study visit organised by the Law

School, Trinity College Dublin, in September 2001.