Peadar Clohessy
Question:30 Mr. Clohessy asked the Minister for Justice if she will provide for the legal representation of victims in the processing of criminal prosecutions; and if she will make a statement on the matter. [5474/95]
Written Answers. - Representation of Victims in Criminal Trials.
I am not quite clear what the Deputy has in mind when he refers to the processing of criminal prosecutions. However, I take it that what he means is that there should be separate legal representation for victims in criminal trials.
It is perfectly permissible for a person who has been the victim of a crime to bring a lawyer with him or her to a court during the hearing of a criminal trial. In particular, I might mention that the scheme of civil legal aid and advice contains provisions whereby legal advice, and legal aid in certain circumstances, may be granted to persons who have been the victims of crime and who fulfil the eligibility and other criteria of the scheme.
I am aware that proposals have been made by various parties which would allow a victim to be separately represented by a barrister or solicitor who would be entitled to intervene in trial proceedings. This is an issue which is frequently raised in the context of sexual offences and it was considered by the Law Reform Commission in its Report on Rape. LRC 24—1988. In that report, the commission indicated that constitutional difficulties could arise in that regard and it went on to state "... there must also be serious uncertainty as to the effect it would have on the trial of such cases. In some cases, far from assisting in the conviction of guilty rapists, it might so complicate the hearing and alienate the jury as to result in unjustified acquittals".
In the light of the problems highlighted by the Law Reform Commission, and other difficulties that would have to be resolved, I have no proposals at present to provide for separate legal representation for victims in criminal trials. I will, of course, keep the matter under review.