The Gazette 1988

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. 15 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. (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. 3. R. -v- Baskerville [1916] 2 K.B. 658; [ 1 9 1 6 - 1 7] All E.R. 38. 4. 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 of 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. 8. 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. of State for Home Office ex parte Anwar Q.B.D. 23 June FOOTNOTES 1. Cross Evidence 9a. 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. Executorship Accounts Are a major headache for many solicitors We specialise in them W. A. Hennessy & Co. Chartered Accountants 5, Leeson Park, Dublin 6. Tel: 971237 Telex: 265451 MONREF G Ref: EIM 6 5 6 1987 (ITELIS). R. -v- Secretary

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 of 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. 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. 15. Supra fns. 11 and 12.

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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 1 /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.

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