Court Procedures

Dáil Éireann Debate, Tuesday - 24 July 2018

Tuesday, 24 July 2018

Ceisteanna (1003)

Richard Boyd Barrett

Ceist:

1003. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if there is a mechanism by which a person who has pleaded guilty to a crime he or she did not commit who wishes to vacate his or her guilty plea on the basis that his or her legal representation did not represent him or her adequately and advised him or her wrongly to plead guilty and wishes the case to be re-tried; and if he will make a statement on the matter. [34491/18]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will be aware, the position is that the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.

Any entitlement in relation to such matters depends on the circumstances of each case and the legal advice given in light of those circumstances having regard to the appeal review mechanisms as set out in primary legislation.

As you will appreciate both the Department and the Courts Service are precluded from offering legal advice in such matters.