asked the Minister for Justice if in the case of persons charged as first offenders he will arrange, if necessary by the introduction of legislation, that these cases be heard before a Peace Commissioner or Garda Superintendent.
Ceisteanna—Questions. Oral Answers. - Trial of First Offenders.
26.
The answer is "No". It is quite clear that any scheme providing for the trial of criminal offences otherwise than by legallyconstituted courts would be in conflict with the Constitution.
Would the Minister tell the House if this is the practice in some parts of the country?
If what is the practice?
The practice whereby first offenders are brought before the superintendent and charged privately.
There is a practice whereby youthful offenders are not charged at all. There is no such practice as bringing them before a peace commissioner, for instance, and charging them before a peace commissioner.
If there is a differentiation between a warning and a trial in some areas why can that not be extended to the whole country?
These youthful offenders are not charged at all. They are warned. The offences are minor offences, such as stealing apples, for instance, and the offenders are brought to their parents and warned by the gardaí.
Surely the superintendent is the best judge in these cases. He knows they will be charged as first offenders and that their sentences will be remitted. Surely it is only right and just, to save embarrassment to parents, relatives and neighbours, that these first offenders should be charged and cautioned.
The Deputy is under a misapprehension. If there is a charge it must come before the courts. I want that to be quite clear. That is the Constitutional position. The Deputy will appreciate that there can be a vast difference between the type of charge and the type of offence. It would be utterly wrong that some charges which would be regarded as serious charges should be dealt with under this system to which I have referred, this warning system.
Is the superintendent not the best judge?
I am calling Question No. 27. We cannot debate this all day.
Does he not know what a serious charge is? It should be left to the superintendent's discretion as to whether the offence should be brought before the courts.
In actual fact it is left to the Garda authorities in cases where they do not bring charges.