REFORM OF COMMITTAL PROCEEDINGS
Response of the Law Society of
Northern Ireland
96 Victoria Street
Belfast BT1 3GN
Tel: 02890 23 1614
Fax: 02890 232606
Email:
Website:www.lawsoc-ni.org
Introduction
The Law Society of Northern Ireland (the Society) is a professional body established by Royal Charter and invested with statutory functions primarily under the Solicitors (NI) Order 1976 as amended. The functions of the Society are to regulate responsibly and in the public interest the solicitors’ profession in Northern Ireland and to represent solicitors’ interests.
The Society represents over 2,400 solicitors working in some 540 firms, based in over 74 geographical locations throughout Northern Ireland. Members of the Society represent private clients in legal matters. This makes the Society well placed to comment on policy and law reform proposals.
In a devolved context, in which local politicians have responsibility for the development of justice policy and law reform, the Society is keen to ensure that its voice is heard. The solicitors’ profession, which operates as the interface between the justice system and the general public, is uniquely placed to comment on the particular circumstances of the Northern Irish justice system and is well placed to assess the practical out workings of policy proposals.
March 2012
1.1 The Society has considered in detail the proposal to abolish the right of a defendant to call oral evidence in committal proceedings. The Society considers that this proposal is ill conceived and fails to consider a range of consequences which may emerge from the proposal.
1.2 The need to reduce delay and cost in the criminal justice system is clearly a key priority for the Department. In terms of measures which will reduce delay and costs, the Society is surprised that this item has been given priority. The Department may be aware of the below words of the Chief Justice of the High Court of Australia, Sir Anthony Mason:
“Unfortunately the need to eliminate delays sometimes creates pressures to alter or qualify traditional rules and procedures designed to protect the defendant, for no good reason other than the desire to facilitate the prosecution case.”
The Society fears that this proposal is being put forward with a view to reducing time and cost without considering how it will impact on the rights of the defendant.
1.3 The proposal fails to consider the numerous ways in which committal proceedings, particularly evidence giving by witnesses, ensures efficiency within the system. A committal hearing provides an opportunity for both the defence and prosecution to assess the credibility of a witness. This enhances the chances of a case being dealt without the need for a contest on two fronts. Firstly it allows the defendant an opportunity to assess the case against him or her, perhaps leading to a realisation that he/she cannot successfully defend a case and leading to a plea of guilty. Secondly allowing the prosecution the opportunity to assess the credibility of a witness may lead to a realisation that there is insufficient evidence to bring forward all charges which the defendant is accused of, this can lead to a number or all of the charges being dropped.
1.4 The consultation paper refers to the needs of victims and witnesses which the Society is of course conscious of. However, as the consultation paper notes, special rules exist to ensure vulnerable witnesses are not unduly subjected to the stress of having to give evidence. The Society is surprised that the Department has not investigated the possibility of developing these special rules whilst retaining the defendants’ right to a committal hearing.
1