Ahern Go-Ahead for New Murder Retrial Law

A new law allowing for retrials in serious criminal cases has come into effect today, the Minister for Justice and Law Reform, Dermot Ahern TD, has announced.

The Criminal Procedure Act 2010 ends the ban on retrying people who have been acquitted in serious cases where important new evidence emerges later about their involvement in the offence.

Minister Ahern today declared: "This new Act takes effect from today and is a significant and historic development in our criminal law. As and from today retrials can be ordered in, for instance, murder cases where an accused has been acquitted. From today if new and compelling evidence emerges, or where the first trial was tainted by an issue such as perjury or intimidation, a individual can face a retrial. There would also be provision for a retrial where the judge at the first trial erred in law by, for example, excluding certain evidence.

I believe most members of the public will welcome this, particularly victims, who are deeply upset by the knowledge that guilty persons were not being convicted for their crimes. There can be no greater grief for a family than knowing in their hearts a guilty person has walked free and that, even if new evidence emerges, a person acquitted of murder can never face a retrial. From today that has been rectified."

Minister Ahern stressed that retrials could happen only in serious cases and only after the courts had granted an application made by the DPP to quash the acquittal and order a retrial. The Act sets high thresholds which the DPP will be required to meet before an application is made.

The new Act also provides vital benefits for victims of crime. He said it will benefit victims in two very significant ways. The expanded  provision on victim impact statements will bring immediate benefit to victims and their families who wish to make a victim impact statement.

Minister Ahern said he was especially pleased that this Act reforms the law in this area. He said: "The range of offences where there is to be an entitlement to make a statement is being expanded beyond those causing physical injury, and will in future cover offences causing emotional distress, such as harassment and stalking."

1 September 2010