The Gazette 1946-49

GAZETTE

APRIL 1 9 8 8

also as illustrated in the

Pitchfork

case, to exonerate a given individual

from any connection w i th the

incident in question.

Both from the perspective of the

protection of individual rights, and

the effective administration of

criminal justice, the development is

one to be welcomed; and even

within the strictures of corroboration

as currently defined by our law, will

help to ameliorate one of the

archaicisms of this rule of evidence.

FOOTNOTES

1. Cross

Evidence

(6th ed.) 1985 at

p.207. A rule of practice now accepted

as having the effect of a rule of law.

2. Suggestions to this effect were made

in House of Lords in

D.P.P. -v- Hester

[1973] A.C. 296.

R. -v- Baskerville

[1916] 2 K.B. 658;

[ 1 9 1 6 - 1 7] All E.R. 38.

Ibid.,

at p. 6 67 as per Lord Reading

L.C.J.

5. See further: Gold, 'DNA Explosion'

(1987)

New Law Journal

1104.

5a. A l t h o u gh o t h er c a t e g o r i es

witnesses, most notably accomplices

and children, are fixed w i th a

c o r r o b o r a t i on r e q u i r eme n t, t he

rationale is dissimilar to that put

forward in the context of sexual

complainants. In the former cases,

the justification for the requirement

is said to be r o o t ed in t he

c h a r a c t e r i s t i cs of the witnesses

(children inhabit a different time-

space/world and have limited powers

of observation and recollection;

accomplices are morally culpable and

can weave a very plausible tale);

whereas sexual complainants share in

c ommon only the t y p e of offence

perpetrated on them.

6. Hale,

Pleas of the Crown

1, p.635.

7. Wigmore

Evidence

3rd ed., S 9 2 4 9.

R. -v- Murphy

(1977) 2 S.C.R. 603.

9. Law Reform Commission Consultation

Paper:

Rape

Oct. 1987. The majority

of the Commission recommended

maintenance of the present law in

relation to corroboration requirement.

9a.

R. -v- Secretary

of State for Home

Office ex parte Anwar

Q.B.D. 23 June

1987 (ITELIS).

R. -v- Secretary

of State for Home

Office ex parte Tas/im Bi

Q.B.D. 29

January 1987 (ITELIS).

See

also,

' D NA

t e s ts

back

immigrants'

Sunday Observer

(1988)

31 January.

10. (1987)

The Times,

May 22.

11. (1988)

The Guardian

23 January.

12. Ibid.

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W. A. Hennessy & Co.

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5, Leeson Park, Dublin 6. Tel: 971237

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Ref: EIM 6 5 6

12a. See recent call for introduction of

genetic fingerprinting and facilities to

extend use of same made by Fine

Gael's spokesman on Law Reform,

Mr. Alan Shatter at Young Fine Gael

conference in Galway (reported

The

Irish Times

February 6, 1988).

13. Criminal Justice Act, 1984 (Treatment

of Persons in Custody in Garda

Siochana Stations) Regulations. S.I.

No. 119 of 1987.

14. S.I. No. 144 of 1955.

14a. Relevant in this context is the Status

of Children Act 1987, Part VII of

which makes provision for the use of

blood tests as evidence in questions of

parentage arising in civil proceedings.

(The Act was passed in December

1987, and Parts II to IX are to come

into force 6 months thereafter or

sooner if the Minister so directs).

Section 37 defines " b l o od tests" as

any test carried out w i th the object

a s c e r t a i n i ng

i n h e r i t a b le

characteristics. According to the

E x p l a n a t o ry M e m o r a n d um t h is

includes such tests as serological

analysis, enzyme analysis, tissue

typing and DNA profiling.

Under Section 38 of the Act a court

either of its o wn motion or on an

application by any party to the

proceedings, can give a direction for

the use of blood tests for the purpose

of assisting the Court to determine

parentage.

Section 39 provides that a blood

sample should not be taken from that

person except w i th his consent.

However, the court may draw such

inferences, if any, from the failure to

consent, as appear proper in the

circumstances (s.38(1)).

I n t e r e s t i n g ly s . 43 p r o v i d es for

penalties for personation of blood tests.

Similar provision for such blood tests,

f a c i l i t a t i ng

t he use of

DNA

fingerprinting in the pre-trial criminal

process, consequent on arrest, could

be introduced therefore by analogy

w i th the above Act.

15.

Supra

fns. 11 and 12.

A 17-year-old youth w h o originally

had been charged w i th one of the

murders, was cleared using the same

test and released after three months

in custody awaiting trial.

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CR I M I NAL LEGAL A ID SCHEME

The Minister, w i th the consent of the Minister for Finance, has

agreed to apply the terms of the first phase of the Agreement on

Pay in the Public Service associated w i th the Government's

Programme for Natioal Recovery to the existing fees [as set out in

the Criminal Justice (Legal Aid) (Amendment) Regulations 1986 (S.I.

No. 248 of 1986)], to have effect from a current date. Regulations

prescribing the increase of 2

/z% are in the course of preparation

and copies will be available shortly. The new fees to be prescribed

are set out below:

• First day in District Court Case

(or appeal to Circuit Court)

£49 . 62

• Subsequent appearance in same case

£22 . 07

• Prison visitation fee

£25 . 73

As there has been no increase in the motor mileage rates payable

to civil servants since 1985, the rate of 50p per mile payable to

solicitors under the criminal legal aid scheme remains unchanged.