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Dáil Éireann debate -
Thursday, 25 Jun 1998

Vol. 493 No. 2

Written Answers. - Court Procedures.

Marian McGennis

Question:

94 Ms M. McGennis asked the Minister for Justice, Equality and Law Reform the steps, if any, taken in relation to modifying the approach to the giving of evidence, in particular by removing the necessity of oral evidence being given by formal witnesses; and if he will make a statement on the matter. [15357/98]

Provision is already made in legislation for certain evidence to be given in cases without the necessity for the person tendering that evidence to appear in court. Under section 6 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 a member of the Garda Síochána may give evidence of certain matters, such as that relating to guarding the scene of a crime, by way of certificate. Section 11 of that Act also provides for the provision of a certificate as evidence of fingerprints and palmprints.

I regard it as very important to reduce as much as possible the time gardaí must spend in court in relation to the giving of evidence orally which could be dealt with in a different way. It is in that context that I have included in the Criminal Justice (No. 2) Bill, 1997, which is currently before the House, a provision providing that in any criminal proceedings a certificate signed by a garda stating that he or she had custody of an exhibit at a specified place for a specified time will be admissible as evidence of that fact. Provisions of this kind are clearly desirable and I am keeping the matter under continuous review.

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