New protocol announced to expedite rape and murder cases involving children

The criminal justice system will aim to deal with rape and murder cases involving children within one year under a protocol announced by the Minister for Justice.

The protocol, signed up to by 17 agencies, recognises the "undisputed fact that delays in the criminal justice system are detrimental to child victims and child defendants." 

It makes a number of commitments aimed at ensuring child defendants and victims are dealt with by the courts as quickly as possible.

Where a person under the age of 18 makes a statement to gardai alleging rape or where the defendant in a rape or murder investigation is under 18 when the allegation is made, the protocol will kick in, according to statements, issued this Friday,  from the Department of Justice and the courts.

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Justice Minister Jim O'Callaghan joined judges and representatives of the legal profession at an event at the Criminal Courts of Justice to announce the protocol this afternoon.

As part of the commitment, the courts are developing a system that will allow judges to be notified of protocol cases and where it is reasonably practicable, expedite them.

Obtaining expert reports, including psychological and psychiatric assessments, has been a cause of delay in numerous cases over many years. Under the protocol, those reports will be sought at the earliest opportunity in cases involving children.

The Central Criminal Court has committed to fixing a trial date within eight weeks of a case first appearing in its list but accepts that the complexity of some cases means issues may not be resolved within that timescale.

The Director of Public Prosecutions will notify the court of any pre-trial applications, where legal issues are resolved before a jury is sworn, within seven days of the case appearing in the Central Criminal Court list.

Lawyers representing the accused must do the same within 14 days of the first appearance.

Where a child is convicted, the court "where reasonably practicable" will hold a sentencing hearing within 28 days of the verdict.

Mr Justice Paul McDermott, who administers the case load in the Central Criminal Court, said the system is "highly complex" and can be "bewildering" for children. 

He added: "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."

He said it is the duty of "the adults who operate the criminal justice system" to ensure that the service has regard to the needs of children. 

"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."