6 Jun 2014, 12:59
Concerns were raised that the restorative justice provisions envisaged in the Scheme of the Criminal Justice (Community Sanctions) Bill are too narrow in their focus and should include corporate offences, according to a report on hearings in relation to the Scheme of the Criminal Justice (Community Sanctions) Bill by the Committee on Justice, Defence and Equality. However, it was also stated to the Committee that a parallel court system should be avoided.
Most of those who made a submission broadly welcomed the proposed legislation which will facilitate the effective and efficient use of community sanctions by the courts and will ensure that the courts have a wide range of appropriate options for dealing with persons who have committed minor offences.
Among the other observations made at the hearings were: the proposed Bill should specify how it will obtain consent in relation to participating in any community sanctions scheme; the precise mechanism by which the victim’s consent is obtained should be specified for the purpose of the legislation; and the needs of victims with specified protection needs, namely those under 18 years, victims of sexual crime and hate crime should be addressed.
It was recommended that support agencies receive specific training to deal with victims with specific protection needs. The introduction of a reparation fund was welcomed but concern was expressed that if it replaced the ‘Poor Box’ system, the funding of local charities/organisations may be negatively affected.
Committee Chairman David Stanton TD said: “The challenge identified in drafting legislation in this area lies in striking a balance between the need to afford victims of crime a greater opportunity to participate in the criminal justice system whilst preserving the constitutional rights of offenders.
I would like to express my thanks to all those who took part in this process and all the points raised in their submissions have been noted. I look forward to the publication of the Bill and further engagement with the Minister as the Bill progresses through the Houses. I would also like to thank the Members of the Joint Committee for their participation and hope this work will help to inform the legislative process and make a valuable contribution to the forthcoming legislation.”
Report Rapporteur Senator Martin Conway said: “The hearings and submissions made by those attending raised some very important and interesting matters, which will inform the Minister and the Department in the course of drafting the Bill. The observations and proposals which emerge from the process are summarised in this report and what struck me in particular was that awareness of restorative justice and its benefits was generally low and this needs to be addressed if the legislation is to be as effective as possible.”
Read the Report here: http://bit.ly/1mYboGe
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Committee Membership
Deputies: Niall Collins (FF); Marcella Corcoran Kennedy (FG); Alan Farrell (FG); Anne Ferris (LAB) [Vice-Chairman]; Seán Kenny (LAB); Pádraig Mac Lochlainn (SF); Finian McGrath (IND); John Paul Phelan (FG); David Stanton (FG) [Chairman]
Senators: Ivana Bacik (LAB); Martin Conway (FG); Rónán Mullen (IND); Denis O’Donovan (FF); Katherine Zappone (IND); Tony Mulcahy (FG).