Dáil Éireann debate -
Tuesday, 11 Jun 1996

Vol. 466 No. 6

Adjourment Debate. - Night Court Establishment.

Mr. Briscoe

The reason I raise this matter is that we have lost the battle against criminals and it is time we regrouped and started to fight back. In this context it is necessary to set up a night court which would process minor offences and offences against tourists. I am sure that every year the Ceann Comhairle receives letters from visitors complaining about attacks on our streets.

Tourists are being specifically targeted by young criminals who know they will not be present in court to give evidence against them. It is extremely important, therefore, to bring these youngsters before court on the night they are apprehended. It is time we got smart in terms of dealing with these young criminals and set up a panel of judges who would work on a roster basis — working in court at night time is not the most pleasant job. For many years I called for the setting up of a night court to deal with motoring offences which can take up to two years to be heard in court. The court system is clogged up and judges are no longer able to deal speedily with cases.

When cases are heard in court the arresting garda has to be taken off the beat. If a night court was in place gardaí would be able to bring offenders before it on the night the crime was committed. In 1994 the Garda Commissioner reported that the figure for juvenile crime indicated that 60 per cent of crime takes place between the hours of 4 p.m. and 4 a.m. According to the national juvenile office, 55 per cent of crime takes place between the hours of 4 p.m. and 4 a.m., 34 per cent takes place between the hours of 4 a.m. and 4 p.m. and 11 per cent takes place during unlisted time. In 1994 a total of 14,720 crimes were committed by juveniles aged between 17 and 18 years and dealt with by caution.

This problem calls out for a solution. I ask the Minister to accept that the streets are not safe at night and it is necessary to deal with these young criminals in the same way they are dealt with in America, that is by putting them in the tank and bringing them before the court. The Minister of State is from Cork which is beleaguered by the same type of crimes as Dublin. I ask him to bring this matter to the attention of the Minister, Deputy Owen, who must ask the Government to give it active consideration.

Minister of State at the Department of Justice (Mr. Allen)

I apologise for the absence of the Minister who is dealing with important business in the North.

Section 26 of the Criminal Justice Act, 1984, which was substituted for section 15 of the Criminal Justice Act, 1951, provides in part that where a person is arrested under warrant, or charged with an offence, after 10 p.m. and where there is to be a sitting of the District Court for that district before noon the following day, it will be sufficient that he or she be brought before that sitting. If arrested before that time he or she shall be brought before a judge of the District Court as soon as practicable.

Sittings of the District Court in the Dublin Metropolitan District are held six nights a week that is Mondays to Saturdays, inclusive, as necessary. The court sits in Chancery Street at the request of a senior member of the Garda Síochána and hears applications for the remand in custody of persons who are arrested before 10 p.m. that day. The sittings are not designed to deal with the scheduled hearing of cases but rather with applications for remands in custody.

There would be problems in establishing night courts on the basis suggested by the Deputy. An arrested person is entitled to legal representation and time to prepare his or her defence. It would not be possible to arrange this at short notice in the evening after normal working hours. There are also the questions of staffing and security arrangements which would be required if the court were to operate as it does during the day.

The entire courts system is currently being examined by the Working Group on a Courts Commission, under the chairmanship of Mrs. Justice Susan Denham, which was established by the Minister for Justice. The terms of reference of the group include a review of the operation of the courts system, having regard to the level and quality of service provided to the public. It is expected that the working group will reflect on the sort of issues raised by the Deputy.