Charles Flanagan
Ceist:154 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his progress to date on introducing conditions to govern the use by a suspect of the Garda interview video. [36467/08]
Amharc ar fhreagraWednesday, 22 October 2008
Ceisteanna (155)
Freagraí scríofa
Section 56 of the Criminal Justice Act 2007 governs the circumstances in which a copy of the recording of interviews conducted by the Garda Síochána may be given to an accused.
Specifically the section provides that only a person charged with an offence before a court, or his or her legal representative, may be given a copy of any recording of the questioning of the person while he or she was detained. The decision is a matter for the court and it may be subject to such conditions (if any) as the court may specify. A breach of the court order is punishable as a contempt of court.
This section repeals provisions in the Criminal Justice, Act 1984 (Electronic Recording of Interviews) Regulations, 1997 which provided that a copy of the recording be provided by the Superintendent, subject to certain exceptions, to the person interviewed or his/her legal representative on receipt of a written request irrespective of whether the person was charged with an offence. Section 56 creates a more restrictive framework while at the same time ensuring the accused's right to due process.