asked the Minister for Justice if he is aware that accused persons returned for trial are seriously prejudiced by being denied copies of the depositions free of charge and if he will take appropriate steps to provide that such accused persons shall receive copies of the depositions as of right and free of charge.
Ceisteanna—Questions. Oral Answers. - Depositions for Accused Persons.
The law provides that a person returned for trial on an indictment charge may require and shall be entitled to receive copies of the depositions taken in his case on payment of a reasonable sum calculated at a rate not exceeding 1½d. per folio of 90 words.
In practice county registrars do, on request, supply copies of depositions free of charge in appropriate cases, where they are satisfied that the accused person is without means and that he is liable to be prejudiced or embarrassed in making his defence without copies of the depositions. Moreover, a person returned for trial in custody, if he so requests, is supplied through the governor of the prison with copies of the depositions which he is allowed to retain for a reasonable period for inspection but which are then required to be returned to the county registrar.
In this set of facts, I am not prepared to accept without question the proposition that accused persons are seriously prejudiced by being denied copies of depositions free of charge, and I am not satisfied on the information at present before me that there is any need for a change in the existing law and practice in the matter.
Will the Minister say if, in the Dublin Circuit Court area, the practice he refers to is in operation, that a person without means will obtain depositions free of charge?
If he applies to the governor, yes.
Will the Minister investigate the matter further, as I think that quite a number of Deputies could inform the Minister that it has never been known in the Dublin area that depositions may be obtained free in criminal charges?
The present law is contained fully in Section 14 of the Petty Sessions Act, and I presume that the Deputy, as a solicitor, is aware of the position. An accused person is always defended by somebody, and, if he does not know the law, he generally asks the governor some questions and the governor generally gives the information sought.
Will the Minister undertake to investigate the matter further because, I, like Deputy Cowan, know of many cases of hardship in this connection?
I shall be quite satisfied if the Minister will give instructions in the matter, because I had a case a few days ago where the depositions cost £11 14s. Od. The man was unable to pay that sum and, consequently, could not get them. Undoubtedly, if a man has not got the depositions, his legal advisers are unable to defend him properly.
I suggest that the Deputy read the reply I have given.