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Pre-trial hearings now part of legal system

Pre-trial hearings are now part of the Irish legal system with today’s (28 February) commencement of the Criminal Procedure Act 2021. 

The legislation will bring about changes in the courts system, with updated rules drawn up by relevant courts, to allow pre-trial hearings take place.

Trial processes for sexual offences, white-collar crimes, organised crime and other complex offences are expected to be significantly improved, with fewer delays for complainants.

Pre-trial hearings will also make it less likely that juries are sent away during trial, making the court process faster and more efficient.

After signing the commencement order, justice minister Helen McEntee said that she expected the change to help the trial process run more smoothly, and reduce stress for complainants.

White-collar crime

She added: “The introduction of pre-trial hearings were also a major recommendation of the Hamilton review of Economic Crime and Corruption, and they will help with white-collar-crime cases.”

The minister said that preliminary trial hearings would streamline processes, moving the administrative burden to the start of the trial, and allowing potential issues to be identified in advance.

“Matters which would ultimately prevent a case being submitted to a jury will now be more likely to be identified in advance, avoiding the empanelling of a jury, and subjection of a person to an unnecessary trial,” the minister said.

“A more streamlined trial approach will also reduce the incidence of juries being sent away after they are empanelled. This change will reduce the disruption that jury duty can have on a person’s life, as the trial will run more smoothly from start to finish,” the minister added.