The Gazette 1994

GAZETTE

M W H

APRIL 1994

evidence of children. It also deals with modem technological aspects of children's evidence, including the admissibility of videotaped evidence, and the advantages and disadvantages of such evidence. As a result of many cases highlighted in England and the United States in the mid 1980s, there have been many changes in the law of evidence. The writers mention in many parts of the book the recent Irish legislation in the Criminal Evidence Act 1992. They refer to this legislation as making it simpler for young persons and those with a mental handicap to give evidence in cases involving physical/sexual abuse by way of video recording or live television link. The authors note that the Irish legislation, under Section 27 (1) of the Act, goes further than the English provision in that it provides that, in any criminal proceedings, the evidence a person under 14 years may be received otherwise than on oath or affirmation if the court is satisfied that he/she is capable of giving an intelligible account of the relevant events. The Irish Act pro- vides further that this provision applies to adults with a mental handicap. The book contains an essay on the rules of civil and criminal evidence affecting children in England, Scotland and Northern Ireland. It reviews these rules in the light of recent findings of psychologists and social scientists and, indeed, the writers propose some reforms of these rules as a result. For experts giving evidence in cases involving children who are either the victims or witnesses to crimes by children, the book is an invaluable aid. Its limitation, if any, is, in my view, that it has a leaning away from the legal point of view, concentrating more on the psychological aspect. Having said that, the work is an interesting and detailed research into an ever-increasing area of litigation; one that requires a great degree of care and sensitivity. The authors have also written a critique of the laws of evidence; questioning the primacy of oral evidence, the use of cross examination and the truth- enhancing value of confrontation. Following a review of the training of judges to deal with cases involving children and the provision of experts to

At the launch of Your Guide to Irish Law were l-r: Fergal Tohin, Editor, Gill and MacMillan; Mary Faulkner, Lecturer in Law and European Studies, Dublin Institute of Technology; Niamh Bhreathnach, TD, Ministerfor Education; Gerry Kelly BL and Padraig Turley, Solicitor.

assist the courts in such cases, the authors came to a number of conclusions. The courts in the United Kingdom tend to distrust expert i evidence in general and the evidence of ! psychologists and psychiatrists, in particular, probably because lawyers, like other kinds of specialists, tend to be sceptical about areas of expertise other than their own. In the Republic of Ireland this view cannot be sustained, however, and there is plenty of evidence in the Irish courts that the assistance of experts is sought in sexual abuse cases and generally in criminal proceedings involving children. Certainly the adversarial system in the courts does affirm the authors' view regarding the case of experts. They recommend a system similar to France which has an inquisitorial court system. A list of experts is set up and the expert is obliged to undertake the task assigned by the court. This report and sometimes a joint report is given to assist the court at an early stage, even prior to the trial. The creation of such a system in Ireland would require a radical change in the law. The book is a fascinating insight into the evidence of children, albeit from a slightly psychological view, suggesting areas for reform and dealing with an area of litigation which has become publicised in the last few years.

Your Guide to Irish Law

By Mary Faulkner, Gerry Kelly and Padraig Turley. Gill and Macmillan, Dublin, 1993, softback, 185pp £7.99. Your Guide to Irish Law is a book of definitions and explanations of the legal implications encountered in everyday living. It is a reference book. Before going any further, I must declare a personal interest - 1 like reference books. I find them fascinating and I do not have to have a particular I requirement in order to pick up such a book, flick through the pages and find random items of interest. Categorising this as a book of reference helps to identify the criteria by which to assess it. It is not a text book nor a comprehensive legal dictionary (nor are , such distinctions claimed for it) and | while the book deals with a wide variety of subjects, it is not exhaustive. One would have to have the book for some time before deciding how comprehensive it is. However, I had cause to refer to it three times in a few days and achieved a 'hit' each time (I failed on 'affidavit', though I subsequently found it referred to, under another heading). Your Guide to Irish Law is well written, is concise and clear in its definitions and avoids (amazingly well) legal

Michael Quinlart

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