The Law Reform Commission is recommending pre-trial hearings for certain sexual offence cases - where a judge could decide whether sensitive material should be disclosed.
In sexual offence cases, particularly involving children, concern has been expressed about the need for disclosure of records from counselling sessions.
Under the current system – any documents which might be relevant are disclosed - to guarantee the accused a fair trial.
But there are concerns about whether all of these records are actually relevant to the trial – and whether their disclosure may hurt the child’s recovery.
Law reform Commissioner Tom O’Malley says such a pre-trial hearing would make the system more consistent and more transparent.