Prosecuting & Defending Sexual Offences - Law Library

Date: 24th February 2011
Time: 2pm to 6pm
CPD: Four CPD Hours
Location: Dublin City Centre
Chairperson:
The Honourable Mr. Justice George Bermingham, The High Court
The Honourable Mr. Justice George
Bermingham was called to the Bar
in 1976, took Silk in 1999 and was
appointed to the High Court in 2007.
In the course of his practice, he appeared in many
cases involving allegations of child sexual abuse
both in the Criminal and Civil Courts. He now
regularly presides at trials in the Central Criminal
Court, some of which involves such allegations.
In 2002, he at the request of the Government
conducted a preliminary enquiry into the handling
of child protection issues in the Diocese of Ferns.
In the 1980s, he served as a Dáil Deputy and
Minister of State.
Justice Bermingham shall lead a panel of speakers
in discussing Criminal practice & procedures in the
bringing and defending sexual offences cases to
include presentations on:
The categories of sexual offences
Appropriate Instruction taking from the victim
The Right of the Victim to separate
representation upon cross examination of
previous sexual history
The Prosecution of sexual offences
Defending the alleged sexual offender
The Role of An Garda Siochana

Overview:
Prosecuting & Defending Sexual Offences
What changes does s. 4 of the
Criminal Procedure Act 2010
make in the area of victim
impact statements in sexual
offence cases
What amendments do ss.
5 and 6 of the Criminal
Procedure Act 2010 make to
the giving of evidence by video
link or through an intermediary
in sexual offence cases
In what circumstances may
a person be re-tried for a
sexual offence following an
acquittal under Part 3 of the
Criminal Procedure Act 2010
What effect will the DNA
database have on the detection
and prosecution of sexual
offences How will the DNA
database operate under
the Criminal Justice (Forensic
Evidence and DNA Database
System) Bill 2010
Why did the Supreme Court
of the United Kingdom
find the “sex offenders’
register” requirements in
that jurisdiction offended
Article 8 of the European
Convention on Human
Rights. What are the
implications of that judgment
for the provisions of the Sex
Offenders Act 2001 in Ireland
Why did MacMenamin J. order
the prohibition of a trial for
sexual offences because of
delay in M.U. v. D.P.P. [2010]
MacMenamin J said an accused
is entitled to have the evidence
in relation to a sexual offence
“tested in its context”. What is
the implication of this judgment
for historic child abuse
cases
Why did the Supreme Court
prohibit the applicant’s trial for
sexual offences when evidence
of phone records had not been
obtained by the Gardaí
Why did the Court of Appeal set
aside a conviction for sexual
offences when the victim’s
previous experiences of
sexual abuse came to light
post-trial
Why did the Court of Appeal
set aside a life sentence for
rape even though the offender
was a “continuing risk to the
public” What approach did the
Court take instead in order to
deal with the threat of
re-offending
What did the Court of Appeal
say in relation to “tariffs” for
sentences in sexual offence
cases
Speaker Panel:
Kate Mulkerrins,
(Head of Prosecution Policy
Unit) The Office of Director of
Public Prosecution, hails from
a background of criminal defence
practice at the Bar of England &
Wales. Upon returning to Ireland,
she continued to practice (on a
door tenancy basis) with Furnival
Chambers in London while teaching
at NUIG on their mature students
Access Programme. Joining the
Galway Rape Crisis Centre in 2001
as a volunteer member, Kate ran
a monthly legal clinic assisting
those seeking formal justice. In
2003 she took up post as the legal
adviser to the Rape Crisis Network
Ireland’s 15 member Rape Crisis
Centres, Kate chaired the National
Steering Committee on Violence
Against Women’s legal committee
prior to taking up her present post.
Vincent Heneghan,
Barrister-at-Law was called
to the Bar in 1995 and has since
specialised in Criminal Law, both
Prosecution & Defence.
Mary Ellen Ring,
Senior Counsel practices
primarily in Criminal Law & Child
Law, in both Prosecution & Defence.
Liam Mulholland,
(Head of Central Criminal Court
Section), The Office of Director of Public
Prosecution has been with the Solicitors
Division of the Office of the Director of Public
Prosecutions, the Chief State Solicitors Office as
it then was, since 1999. Joining as a Prosecution
Solicitor in the District Court, Liam then held the
post of Head of the District Court section for 5
years, followed by a posting as Head of Circuit
Court section, also for 5 years. Since 2005 he has
headed the Central Criminal Court section.
Deirdre Kenny,
Advocacy Director, One in Four. The
One in Four advocacy service provides practical
support and information about the legal
processes in Ireland and the options available to
men and women who have experienced sexual
violence. Deirdre has 10 years experience working
with victims of sexual violence in Ireland and
abroad covering the areas HIV/AIDS, prostitution
and trafficking, clerical and familial abuse.
Derek Byrne,
Assistant Commissioner An Garda
Siochana
Det. Superintendent John McCann
Det. Inspector Declan Daly
Domestic Violence Sexual Assault
Investigation Unit
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