Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Digital Audio Recording in Courts

Options
  • 12-05-2015 4:34pm
    #1
    osprey
    Registered Users Posts: 170 ✭✭


    Hi folks, quick question. If D.A.R is not available in Court, when stated it is available, and there is no exact record of exchange, how can evidence be drawn upon and referenced if the case is appealed to a higher Court, does this not scupper the chance of appeal?
    Tagged:


Comments

  • Options
    #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Appeals from the District court are de novo; they start from scratch.


  • Options
    #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,505 Mod ✭✭✭✭johnnyskeleton


    osprey wrote: »
    Hi folks, quick question. If D.A.R is not available in Court, when stated it is available, and there is no exact record of exchange, how can evidence be drawn upon and referenced if the case is appealed to a higher Court, does this not scupper the chance of appeal?

    Traditionally the parties will take notes with a pen and paper. Not as fancy as the DAR, but its reliable.


  • Options
    #4
    osprey
    Registered Users Posts: 170 ✭✭osprey


    MarkAnthony wrote: »
    Appeals from the District court are de novo; they start from scratch.
    Good point, to clarify this is in reference to Circuit Courts where the service is running.


  • Options
    #5
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    I belive. .now don't quote me...but due to the sensitive nature of the recordings and private details that may or may not be on them that was discussed in court,these are only accessible to your solicitor who will be allowed take extracts of what was said to reference in the higher court you go...if they just let anyone or even parties request recordings they could be plastered all over the net the next day...so only available to legal reps


  • Options
    #6
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Advertisement
  • Options
    #7
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    Fred Swanson wrote: »
    This post has been deleted.
    No. Most Irish courts do not have a "court reporter" as part of the court staff; they don't generate transcripts of their own proceedings. If the parties want verbatim transcript, they have to arrange for their own reporter to be present. And, if they have done that, they are not obliged to provide copies of the transcript to anyone who pays.


  • Options
    #8
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Options
    #9
    Sickworried
    Registered Users Posts: 11 ✭Sickworried


    If the DAR is not running then still there is a back up recording available at all times in all courts rooms apart from the chambers that's the only 1 that hasn't the DAR <<Modoffensive remark deleted. >>


  • Options
    #10
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    Sickworried wrote: »
    If the DAR is not running then still there is a back up recording available at all times in all courts rooms apart from the chambers . . .
    I don't think this is actually true. Unless you are talking only about one building, rather than every courtroom in Ireland?


  • Options
    #11
    Sickworried
    Registered Users Posts: 11 ✭Sickworried


    Peregrinus wrote: »
    I don't think this is actually true. Unless you are talking only about one building, rather than every courtroom in Ireland?

    No mate it is defo true look up on courts.ie its in every court room in Ireland its a back up.


  • Advertisement
  • Options
    #12
    bagels
    Registered Users Posts: 630 ✭✭✭bagels


    Sickworried wrote: »
    No mate it is defo true look up on courts.ie its in every court room in Ireland its a back up.

    The relevant information can be accessed here:

    http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/EABA8BDF656AE9738025756D005A2B44/$FILE/Digital%20Audio%20Recording%20-%20February%202009.pdf


  • Options
    #13
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    Fred Swanson wrote: »
    This post has been deleted.

    They only provide them on foot of a Notice of Motion, which can only be brought by a party to the proceedings who says why he wants them. It is then up to the judge to order the release of the transcript.


  • Options
    #14
    bagels
    Registered Users Posts: 630 ✭✭✭bagels


    bagels wrote: »
    The relevant information can be accessed here:

    http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/EABA8BDF656AE9738025756D005A2B44/$FILE/Digital%20Audio%20Recording%20-%20February%202009.pdf


    That link states:

    "For further information on DAR email
    DARinfo@Courts.ie "

    I emailed a week ago requesting information regarding DAR in my local District Court. I wanted to know if the primary and back-up DAR systems were currently working. I asked how often the systems are checked by the suppliers and when was the last check performed on the systems in my local court.

    I'll update when and if I receive a reply.


  • Options
    #15
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    bagels wrote: »
    That link states:

    "For further information on DAR email
    DARinfo@Courts.ie "

    I emailed a week ago requesting information regarding DAR in my local District Court. I wanted to know if the primary and back-up DAR systems were currently working. I asked how often the systems are checked by the suppliers and when was the last check performed on the systems in my local court.

    I'll update when and if I receive a reply.

    There seems to be a pattern of DAR going missing when something embarrassing happens.


Advertisement