asked the Minister for Justice what period normally elapses between the return of a person for trial in Dublin before (a) the Central Criminal Court and (b) the Circuit Court and the actual trial; whether there are any circumstances in which a person may be tried before another person returned at an earlier date for trial; and, if so, what are such circumstances and who has the power of deciding such matters.
Ceisteanna—Questions. Oral Answers. - Dublin Court Procedure.
29.
The fixing of dates for trials in both the Central Criminal Court and the Dublin Circuit Court is a matter for the presiding judge. However, an accused person who has been returned for trial in custody is given priority and usually has his case heard within the term. Other cases are normally taken in order of return for trial but circumstances such as the non-availability of witnesses or others may result in some cases being put back for later hearing.
In the case of the Central Criminal Court, the normal waiting period between the return for trial or the transfer of the case from the Circuit Court and the actual trial is about eight weeks during which, of course, the person concerned is on bail. In the case of the Dublin Circuit Court the waiting period is about six months.
May I take it that, if all things are equal as regards availibility of witnesses and the accused person being free, the trials will take place strictly in accordance with the dates on which people are returned for trial?
It is a matter for the presiding judge in each court to fix the dates of trials and I have no function in that matter.
Can the Minister say whether he knows of any cases in which, all things being equal, priority was given to any accused persons over others?
The presiding judge has complete discretion as to the order in which he will hear particular trials and I do not propose to interfere.
Does the Minister agree it would be undesirable if preference were given to some people over others? The Minister is silent. Is he in favour of preferential treatment?
Question No. 30.