RCNI Press Release - 16 January 2010

New Central Criminal Court Complex a welcome and significant achievement with yet more potential to combat delay in rape cases

Today, Saturday 16th the new Central Criminal Court Complex is officially opened after its first week in business. Rape Crisis Network Ireland (RCNI) welcome this major advancement which will make an immediate and significant difference to some rape victims. However, many rape victims will see no improvement until this excellent facility is fully resourced.

Fiona Neary, RCNI Director said, ‘This court complex is a huge step in reducing the trauma of the justice process for some rape victims - in terms of adequate space, privacy and safety for victims of rape. However, without additional judicial appointments and further specific court rule change this new facility cannot tackle the unacceptable delay in rape cases and the impact of this delay on poor conviction rates for rape in Ireland’.

Caroline Counihan, RCNI Legal Director said, ‘delay in bringing trials to court is one of the principal obstacles to justice for rape victims in Ireland. The RCNI’s recent publication Rape & Justice in Ireland (Conor Hanly et al, 2009) found that ‘a total of 10 prosecutable cases were withdrawn after considerable delays’ of between one and seven years occurring between the report of the rape and the trial (RAJI p. 256).

‘It is possible that had the complaints been brought before a jury earlier, the complainant would not have withdrawn and guilty pleas or verdicts may have been reached. (RAJI p. 248-249)’

The average delay in a rape case, arising specifically from the backlog of cases for the Central Criminal Court, is 16 months. (RAJI, 2009, pg 335). Latest figures as reported in the Irish Times (14th January 2010) show that for all murder and rape cases combined, the average delay between a case being filed and when it is heard in 2009 was 10 – 11 months.

Ms Counihan commented, ‘this delay remains wholly unacceptable. The RCNI are calling for the appointment of more judges and support staff to this court to fully take advantage of the opportunity to combat delay.

‘In addition, the RCNI are calling today on the President of the High Court, Mr Nicholas Kearns and the Minister for Justice, Equality and Law Reform, to look at changing the Court Rules to allow the introduction of Pre Trial Hearings in criminal cases, as these have the potential to reduce or prevent delays significantly. No new statutory framework is required in order to implement this important advance in criminal procedure.’

For information please contact
Clíona Saidléar on 087 2196447
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