The DPP has secured a High Court direction allowing hundreds of applications in criminal proceedings involving prisoners in custody to be heard via video link. The type of applications involved include bail and legal aid applications.
The president of the High Court, Mr Justice Peter Kelly, said the direction applies to some 500 applications listed for hearing up to and including Monday March 23rd next as well as to similar applications pending further order. He had no idea how long “these extraordinary circumstances” which had led to the DPP’s application will prevail, the judge told Sean Gillane SC, for the DPP.
Earlier, in seeking the direction order ex parte (one side only represented), Mr Gillane said the DPP wanted a direction that cases in respect of which section 33 of the Prisons Act applies will be heard via video link. His application related to some 198 such matters on Wednesday, 121 on Thursday, 107 on Friday and 114 on Monday next and to future similar applications, counsel said.
Those in custody have the right to apply to be in court if they maintain the relevant provisions do not apply to them, he added.
Making the direction, Mr Justice Kelly said applications concerning a prisoner in custody should, where possible, be done by video link and what was been sought by the DPP was in ease of the prison service and the courts to minimise the numbers in court.
The orders meant there would be no requirement to produce in court the relevant prisoners. Section 33 of the Prisons Act 2007 concerns applications either by a prisoner or the DPP. It provides the court can direct such applications be heard without the prisoner being in court if the court is satisfied of certain matters, including the interests of justice do not require the prisoner’s presence and a hearing without their presence will not prejudice them.
The section does not relate to applications concerning, for example, the arraignment or sentence of a prisoner or any application relating to their capacity to stand trial.
