Cork city councillor calls for courts to run through night but solicitor says it's 'unrealistic'

A NIGHT court system similar to that used in many US cities has the potential to streamline our justice system, according to a local councillor but a Cork solicitor has poured cold water on the idea.

Independent Cork city councillor, Ken O’Flynn suggested the courts could help clear the system particularly for petty crime, and free up Gardaí to spend more time on Cork city streets, an

However, one of Cork’s most prominent solicitors, Frank Buttimer, has said the suggestion was unrealistic and unworkable.

Mr O’Flynn’s proposal is for the introduction of night courts as a means of dealing with the challenge of the time of a significant number of Gardaí being taken up with court proceedings instead of being out on the beat.

“It’s proven and tested and it’s working very well in certain cities in the US and I’ve seen it myself in Detroit when I was on a private visit not so long ago,” said Mr O’Flynn.

“Speaking to members of the police force there, they’ve told me how it frees up their time and makes people available.” 

Mr O’Flynn said that he had been told by members of the Gardaí that it can take a Garda who arrests a suspect up to three hours after apprehending them to process them and put them in a cell.

He also voiced frustration with the system because somebody could be arrested but then freed while a court slot is being sought and they can be back on the streets for up to five months waiting for a hearing.

“The idea that you’re arresting someone on, say, a Tuesday afternoon and you could be waiting for a prosecution date for three to five months is absolutely ridiculous me – it leaves people out and we see from reports in The Echo how people are repeat offenders.” 

Mr O’Flynn’s suggestion comes as the latest Garda figures for Cork City have been revealed with a further loss of 26 members of the force since the beginning of the year, down from 699 at the end of December to 673 at the end of February.

BENEFITS

According to Mr O’Flynn, there would be a number of benefits following the introduction of night courts. He listed increased efficiency because they would operate beyond regular business hours leading to expedited case resolutions and reduced court congestion during the day. Another advantage would be enhanced accessibility which would cater for those unable to attend daytime court sessions.

Other advantages he pointed to included reduced overtime for Gardaí, faster case processing and improved public safety as timely justice dispensed through night courts could act as a deterrent to criminal activity.

Responding to a query from The Echo, Mr O’Flynn said that he had discussed it with members of the legal profession who said the system required reform.

“It is possible to do it though it requires a bit of imagination and a bit of work and people moving together to drag our legal system into the 21st century.” 

'IMPRACTICAL AND UNREALISTIC'

Prominent Cork solicitor, Frank Buttimer, told The Echo that the court system operated on a seven day system as it was and that introducing night courts would mean that Gardaí would have to attend these sittings also.

“To me it seems to be an impractical and unrealistic proposal,” he said. 

“And probably not necessary.

“The reality of our court system at the present is that it is now effectively operational seven days a week, with judges available, along with court staff, guards and legal practitioners on a rota arrangement over weekends to deal with matters which might arise in respect of urgent and immediate court appearance requirements.

“To overburden the system with late night courts with all of the consequences that would arise in relation to the practical management of the proposal in my opinion would be, first of all, unnecessary and, second of all, counter-productive.”