The Irish District Court: A Social Portrait

Prologue

1 Prologue It was late in the afternoon when Bridget Murphy1 was brought into court from the custody cells. The late hour seemed to have taken a toll on Judge Murray. He is normally genial and courteous but in the previous hour he had lobbed several terse comments at a number of solicitors whom he considered were wasting the court’s time and had sparred once or twice with the court presenter2 whose applications he normally accepted without demur. He seemed tired and a little tense and had consulted his watch a number of times. Bridget Murphy is an elderly woman, diminutive in stature with a waif-like physique; several solicitors shared quizzical glances and raised eyebrows when she was produced from the custody cells. Judge Murray asked why Ms Murphy was in custody and was informed by the court presenter that there was an objection to bail. The court presenter said that bail was being opposed because Ms Murphy had a history of bench warrants and faced numerous section 4 theft charges. The court presenter seemed to gird himself in anticipation of an attack. It wasn’t long in coming. Judge Murray looked through the wad of charge sheets in front of him and said in an irritated tone: ‘She’s not exactly a criminal mastermind, look at this . . . goods valued at €4.72 . . . and another one for €10.36 . . . what is it you expect me to do, Guard? This is an awful waste of the court’s time . . . do you really want me to send her to the Dóchas?3 It was evident that Judge Murray found the prospect of Ms Murphy’s detention repugnant and was essentially making it clear that he wanted the objection to bail to be dropped. The court presenter talked to the arresting Guard. I couldn’t hear their conversation but the body language of the Guard suggested that he was unhappy at this turn of events. Meanwhile, the defence solicitor briefly consulted with Ms Murphy. The consultation seemed to be a one-way conversation; I did not see Ms 2 PROLOGUE Murphy speak, but the solicitor seemed to take an absence of dissent as agreement. The solicitor then rose and announced that his client wished to enter a plea on all charges. This application meant that the prosecution did not have to withdraw their objection to bail as the issue of bail had effectively been bypassed. While this saved face for the prosecution, it was a strategic move on the part of the defence, who correctly gauged that Judge Murray’s attitude suggested that he would deal leniently with the charges. Judge Murray looked at the court presenter as if he was challenging him to disagree with the plea; the court presenter said that the prosecution was happy to proceed. The facts were presented in a very perfunctory manner by the court presenter and Judge Murray immediately announced: ‘Section 1(1) Probation Act.’ The Irish District Court: An Introduction This is a book about a powerful Irish institution which plays a pivotal role in regulating Irish society – the Irish District Court. The Irish District Court is the initial point of contact with the court system for all persons accused of criminal offences. It disposes of more than 90% of criminal cases in the state, and is responsible for the majority of committals to Irish prisons. It is a vital part of the court and wider criminal justice system. The book draws on extensive observations of proceedings in a number of District Court venues presided over by various District Court judges. The brief vignette set out above is an introductory account of proceedings observed in the Irish District Court and is just the first of a collection of such accounts presented in this book, which will provide readers with an appreciation of what it means to be ‘in court’. This initial short sketch highlights how criminal court outcomes can be influenced by an array of factors that are not always captured in official statistics; it also reveals that certain criminal justice processes may in effect be reserved for a limited cohort of society. In practice, the punishment meted out to those who commit minor criminal offences such as those disposed of by the Irish District Court is not simply dependent on the gravity of the offence, or even on the criminal history or personal circumstances of the offender. It may depend on the character and humour of the presiding judge, the...