New legislation that strengthens the law around sexual offences and improves protections for victims of sexual offences has commenced, beginning from on 31st August last.
Wide-ranging Act delivers on key reforms in the strategy ‘Supporting a Victim’s Journey’ to improve the criminal justice system for victims of sexual offences.
Character references must now be given on oath or via affidavit in sexual offence trials.
An Garda Síochána and civilian courts will investigate alleged sexual offences in Defence Forces.
Preparations underway for the new National Referral Mechanism (NRM) for victims of human trafficking .
Parts 1, 2, 4 and 5 of the Criminal Law (Sexual Offences and Human Trafficking) Act 2024 have commenced which:
Ensures anonymity for victims in all trials for sexual offences.
Extends the right to separate legal representation to victims of sexual assault if they are being questioned about their previous sexual history.
Ensures character evidence at a sentencing hearing for a person convicted of a sexual offence must be made on oath or via affidavit.
Ensures people subject to military law who commit sexual offences in this jurisdiction will be dealt with by An Garda Síochána and the civilian courts rather than by courts-martial.
Clears the final obstacles to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
This legislation delivers on key recommendations in the Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences which underpins the Government’s strategy – ‘Supporting a Victim’s Journey’ – to improve the criminal justice system for victims of sexual violence, predominantly women and children while fulfilling commitments to a ‘Zero Tolerance’ Strategy to tackle domestic, sexual and gender-based violence (DSGBV).
This new legislation protects the privacy of victims in court. It strengthens measures that protect victims from re-traumatisation and re-victimisation, as they engage with the justice system during the investigation and prosecution of sexual offences.
The legislation ensures anonymity for victims in all sexual offences trials. It also provides for the anonymity of an accused person, unless and until he or she is convicted of a sexual offence.
The public will be excluded from the courtroom for sexual offence trials and the definitions of “broadcast” and “publication” is revised, so that publication on social media is covered in order to protect the victim’s identity.
The victim’s right to separate legal representation, if there is an application to question them over their previous sexual experience, is now extended to include trials for sexual assault, which had not previously been covered under the legislation. The barrister who is assigned to represent the victim at the application is allowed to continue to represent the victim at the questioning, if the application is granted.
The new legislation also implements recommendations by the Defence Forces Independent Review Group (IRG). The IRG recommended amendments to the Defence Act 1954 to ensure that persons subject to military law who commit sexual offences in this jurisdiction will be dealt with by An Garda Síochána and the civilian courts – rather than by courts-martial.
Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
A number of significant pieces of legislation had to be passed to ensure that Ireland is in compliance with the obligations of the Second Optional Protocol to the UN Convention on the Rights of the Child. The enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 constituted key steps on the pathway to the ratification of the Optional Protocol.
The Office of the Attorney General advised that in order to overcome one of the last obstacles to ratification, section 3 of the Criminal Law (Sexual Offences) Act 2017 needs to be inserted into the Schedule to the Sexual Offences (Jurisdiction) Act 1996, to provide for extraterritoriality. Section 3 of the 2017 Act creates an offence of obtaining or providing a child for the purposes of sexual exploitation and its addition to the Schedule of the 1996 Act will allow it to be prosecuted where some or all of the offence is committed outside the State. In addition, the Protocol is being added to the list of international agreements to which the Criminal Justice (Mutual Assistance) Act 2008 applies, so that mutual assistance can be provided to Convention states in accordance with the Protocol. The Criminal Law (Sexual Offences and Human Trafficking) Act 2024 provides for these amendments thus removing the remaining obstacles to Ireland’s ratification of the Protocol.
Ratification of the Second Optional Protocol will be a matter for the Minister for Children, Equality, Disability, Integration and Youth.
The legislation will also clear the path for Ireland’s ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child.
Human Trafficking.
In addition, Part 3 of the Criminal Law (Sexual Offences and Human Trafficking) Act 2024 provides the legislative basis for a new National Referral Mechanism (NRM) for victims of human trafficking. An NRM, (as defined by the European Commission and OSCE), is a framework through which States fulfil their obligations to protect and promote the human rights of trafficking victims, working in partnership with civil society.
Ireland’s new NRM will make it easier for victims of trafficking to come forward, be identified and access advice, accommodation, and support.
Given the importance of this section of the Act, the preparatory work for the commencement of Part 3 is continuing, as a priority, and is expected to be completed by the end of this year.
Civil Orders To Prevent Stalking And Protect Victims Introduced.
A new law comes into effect today (Monday September 2nd 2024) that will allow for someone who has been subjected to stalking behaviour, to apply to the District Court for a civil order to prohibit such behaviour continuing.
This was introduced by Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023 Act which was first signed into law by President Michael D. Higgins in July 2023.
Part 5 of that Act introduces a new system of civil orders designed to prevent stalking and protect victims, Same represents an important first step in addressing stalking behaviour, by allowing for earlier intervention without requiring the level of proof needed to secure a criminal conviction.
Under this Act, an affected person, or a member of An Garda Síochána acting on their behalf, can apply to the District Court for an order prohibiting another person from engaging in relevant conduct.
This new approach extends protections currently available to certain victims, under the Domestic Violence Act 2018, to all victims of stalking behaviour, regardless of their relationship with the perpetrator. These new civil orders complement the criminal post-conviction orders, available under the new provisions in section 10 of the 1997 Act, which apply when a person has been found guilty of the offence of stalking.
Part 5 also provides for the making of orders on an ex-parte basis, where the court is satisfied that there is an immediate risk to the safety and welfare of the applicant. Additionally, the court may grant an interim order pending the final determination of the application, where the court deems it necessary and proportionate for the safety and welfare of the applicant. The benefit of these ex-parte and interim orders is that they will provide victims with immediate protection against ongoing offending behaviour, while they await the determination of their application.
Legal and operational preparations, including the drafting and adoption of new rules of court, were required before the commencement of Part 5 of the Act and the required rules of Court also come into effect today, September 2nd, 2024.
Jackson County juvenile authorities in the U.S. state of Missouri, have now charged a second teenager, following the murder earlier this week of former Nenagh, Co. Tipperary native and well-known Kansas City chef, Mr Shaun Brady.
He is charged, in Jackson County family court, with second degree murder in the fatal shooting of Mr Brady and the attempted theft of a motorised vehicle.
A second teen, a 15-year-old boy, was charged on Thursday, with felony murder; attempted stealing of a motor vehicle, and armed criminal action. His name, as is the case in all juvenile proceedings, has not been placed in the public domain. Both suspects currently remain in police detention at a Juvenile Detention Centre.
The two male juveniles were arrested by police within an hour, following the shooting, in the Midtown area, while the stolen vehicle was also located nearby.
The first teen, a 15-year-old boy, charged on Thursday last, was in family court on Friday, accompanied by family members, and had a detention hearing. It is expected that on September 25th next, he will face a judge who will determine if he is to be tried in an adult court.
Information on the court appearance for the second teen has yet to be confirmed.
Police in Missouri, in the mid-western region of the United States have identified Irish national, Mr Shaun Brady, as the victim of a shooting in Kansas City yesterday evening.
Mr Brady, aged 45, was originally from Co Tipperary but had moved to the United States some years ago.
Police have confirmed that officers of the Kansas City Police department responded to reports of a shooting at 5:18pm local time, in the 63rd and Rockhill area and upon arrival officers located an adult male victim, suffering from multiple gunshot wounds, in a back parking area close to a number of businesses premises.
Police and Emergency Medical Personnel responded, performing life saving measures, before transporting the victim to a local hospital, where sadly he was pronounced dead
It is understood that Mr Brady was taking out rubbish when he observed multiple individuals at a parked vehicle. An altercation occurred between Mr Brady and the individuals which then led to Mr Brady’s demise. Police officers have interviewed several witnesses and are expected to review available surveillance footage. Two teenagers are understood to be assisting police with their investigations.
Mr Brady grew up in Nenagh, Co. Tipperary, Ireland, and was one of the youngest graduates of the Dublin Institute of Technology. After falling in love with the Dublin restaurant scene, Mr Brady worked in kitchens in both Europe and Asia, before eventually embarking on a culinary career in Chicago. He relocated to Kansas City to become Executive Chef at the Ambassador Hotel
Mr Brady later became the chef at his co-owned Brady & Fox Restaurant & Lounge, and became a highly regarded member of the Irish ex-pat community in Kansas city. Mr Brady was a regular contributor to the local television station FOX4 and showcased Irish food to promote ‘Irish Fest’, (latter an Irish themed food festival), performing live cooking demonstrations for the public.
Mr Brady, a father, is survived by his wife Kate, a Wichita native, whom she first met while on vacation here in Ireland.
A recruitment campaign to recruit prison officers for the Irish Prison Service has opened today. The 2024 recruitment campaign offers applicants the opportunity to embark on a rewarding career within the Irish Prison Service, and to make a positive, lasting impact on society.
The Public Appointments Service, on behalf of the Irish Prison Service, is running this year’s competition, and the Prison Service intends to recruit more than 250 prison officers this year.
The Irish Prison Service invites applications from suitably qualified persons who wish to be considered for inclusion on a panel from which vacancies for Recruit Prison Officer may be filled.
The Irish Prison Service is responsible for the provision of safe, secure and humane custody for those people committed to prison by the Courts. Political responsibility for the Prison System in Ireland is entrusted to the Minister for Justice.
The Irish Prison Service operates as an executive agency within the Department of Justice. It is headed by a Director General supported by a number of Directors. The Service is a key component in our country’s criminal justice system ensuring safer community life and employs approximately 3,500 personnel.
The Irish Prison Service are committed to a policy of equal opportunity and encourage applications under all nine grounds of the Employment Equality Act.
The last recruitment competition was held in 2023 and welcomed more than 1800 applicants. The 2024 Recruit Prison Officer Competition will remain open until September 26th 2024, closing at 3:00pm.
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