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GAZETTE
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APRIL 1994
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.
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
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.
Michael Quinlart
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
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