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Commission granted leave to appear as amicus curiae

The Irish Human Rights and Equality Commission (‘the Commission’) has been granted leave by the Supreme Court to exercise its amicus curiae (‘friend of the court’) function, in a case that examines the right to a fair trial, where the burden of proof has been shifted to the accused person when relying on a statutory defence. The case of CW v Minister for Justice, Ireland and the Attorney General involves the conviction of a man for an offence of engaging in a sexual act with a child under the age of 17 contrary to s.3(1) of the Criminal Law (Sexual Offences) Act 2006, as substituted by s.17 of the Criminal Law (Sexual Offences) Act 2017. The State is appealing a decision of the High Court that declared section 3(5) of the Criminal Law (Sexual Offences) Act 2006 as unconstitutional. The High Court Judge found that the defence of reasonable mistake as to age, as set out in that section, could not be regarded as a special defence or exception as it imposed a legal, as distinct from an ‘evidential’, burden on the accused person, and could amount to a breach of the presumption of innocence. Having joined as amicus curiae in this case, the Commission in its submissions will assist the Supreme Court in its consideration of the High Court decision with reference to national and international case law. Sinéad Gibney, Chief Commissioner of the Commission stated:
"The right to a fair trial is an important constitutional right. Careful consideration is required when deciding how to balance and protect such constitutional rights in the context of a criminal trial. As amicus curiae, we look forward to assisting the Supreme Court in this matter.”
ENDS/ For further information, please contact: Sarah Clarkin, IHREC Communications Manager, 01 8592641 / 087 4687760 sarah.clarkin@ihrec.ie Follow us on twitter @_IHREC

Editor’s Note

As the Irish Human Rights and Equality Commission is now formally involved in the proceedings, we are precluded from making any further comment as the matter is before the Supreme Court. Where written submissions are made by the Irish Human Rights and Equality Commission to the superior Courts in amicus curiae cases they will be made available on www.ihrec.ie after the case has been heard. The amicus curiae function of the Irish Human Rights and Equality Commission. The Commission’s functions under the Irish Human Rights and Equality Commission Act 2014 include that of applying for liberty to appear as an amicus curiae (friend of the court) before the superior courts in proceedings that involve, or are concerned with, the human rights or equality rights of any person.

Irish Human Rights and Equality Commission

The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State. The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.