Implementation Plan for the Criminal Justice Review -
The government recently published its Implementation Plan for the Criminal Justice Review and the Justice (Northern Ireland) Bill. The Plan is the governments response to the recommendations of the Criminal Justice Review. The Bill will legislate for those areas which need changes in the law.
From CAJ's Just News, December 2001
By Paul Mageean
The Review's recommendations in relation to the Director of Public Prosecution were among the most far-reaching they made. While they did indicate that the work of the new office would build on the work of the existing office they also said their recommendations entailed 'taking on new work, a different approach to aspects of its existing work and substantial organisational change'. At the press conference to launch their report the Review's experts refused to deny that their proposals meant the abolition of the DPP. The Review said they envisaged:
"Major changes in the prosecutorial arrangements in Northern Ireland, which we believe will enhance the system and public confidence in it."
However, what the Implementation Plan suggests is essentially a new name for the office but very little substantive change. Indeed the Plan recommends the same title for the professional head of the office. In this recommendation the Plan clearly seeks to undermine the process of change in this key area completely. Indeed the Review recommended the importance of change in relation to the description of the professional head of the office, when they said that
"(A)new title for the head of the organisation would help to demonstrate to those outside it, as well as those inside, that the remit and responsibilities of the organisation have changed considerably."
The Director who made much questioned decisions in relation to a number of controversial cases including the Finucane murder investigation will have "overall responsibility for creating the new service." How will new mechanisms for accountability, outreach and recruitment function without clear signals that this most unaccountable of organisations has finally been brought to account?
The unaccountability of the DPP is reinforced by the response of the government to the recommendation of the Review in relation to the giving of reasons for a failure to prosecute in certain cases. The practice of the DPP in NI to refuse to give reasons in controversial cases has been one of the key factors in undermining public confidence in the criminal justice system. We provided the Review with detailed case studies in the Finucane murder, the Hamill murder, the murder of Nora McCabe and others which clearly demonstrated that the reluctance of the DPP to give reasons had little to do with concerns about possible injustice to an individual suspect but was primarily designed to protect the interests and reputation of the agencies of the state.
The recommendation of the Review in this specific area was balanced and positive. They argued that the balance should shift towards the giving of reasons but unfortunately accepted that there may be instances where this was not possible because it could conflict with the interests of justice. Essentially the government response is a refusal to accept this recommendation. Nothing is proposed to implement the shift towards giving reasons which the Review recommended.
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