Dáil Éireann Debate, Tuesday - 5 December 2017
249. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality his plans to establish an independent criminal cases review commission similar to that in operation in Norway to examine cases in which prisoners have been exonerated; if he will acknowledge wrongful conviction mistakes and publicly declare innocence on the quashing of a case; and if he will make a statement on the matter. [51785/17]
View answerI can inform the Deputy that I have no plans at present to establish an independent criminal cases review commission as outlined.
The Criminal Procedure Act 1993 provides for a situation where a person stands convicted of an offence after appeal to the Court of Appeal and claims that a new or newly discovered fact shows that there has been a miscarriage of justice. Under the Act, such a person may apply to the Court of Appeal to have the conviction quashed, or petition the Minister for Justice and Equality with a view to the Government advising the President to grant a pardon under article 13.6 of the Constitution.
Where an application is made to the Court of Appeal, the Court has a range of options open to it, including the quashing of the conviction, with or without a retrial.
Where the Minister is petitioned, the Minister has a range of options, including advising the petitioner that he or she should apply to the Court of Appeal, or recommending to Government that it should advise the President to grant a pardon, or that it should appoint a committee to inquire into and report on the case.
There is also provision under the Act for compensation to be paid to a person whose conviction is quashed by the Court of Appeal or who is pardoned, where the Court certifies or the Minister is of the opinion that there has been a miscarriage of justice.
While I am happy to consider any proposals the Deputy may wish to put forward in relation to the adoption of a system similar to the Norwegian one outlined, my understanding is that the Norwegian Commission exists as an independent body with responsibility for deciding whether convicted persons who seek review of their conviction/sentence should have their cases retried in court. If the Commission decides that there should be a review, the case will be referred for retrial before a court other than that which imposed the conviction/sentence. This process is strikingly similar to the statutory powers afforded to my office by virtue of Section 7 of the Act, as outlined above.
