law society media training by andrea gilligan newstalk · pdf filelaw society media training...

Law Society Media Training

by

Andrea Gilligan

Newstalk

Law society presentation by Andrea Gilligan

OPERATING A NEWSROOM

WHERE NEWS AND PROGRAMMING IDEAS COME FROM

1. Daily diary;

• Press releases – appointments to the judiciary

• Event markings – launch of the courts service annual report

2. Court listings

2. Gardai

2. National & local news papers

2. Oireachtas


DIFFERENT TYPES OF NEWS

• Emergencies/Crime

• Local or national government

• Business and finance/banking

• Conflict and controversy

• Pressure and lobby groups

• Human interest

• Seasonal news

• Special local interest


THE NEWS TEST;

• Relevant & Important

• Tragic

• Unusual

• The first/biggest

• Immediate

• Interesting

• Controversial


ASSESSING A STORY PRESS RELEASE EXAMPLE;

15 May 2017

Tánaiste welcomes the publication of the Probation Service

and Irish Prison Service 2016 Annual Reports

Joint Probation Service and Irish Prison Service Strategy for

Development of Social Enterprise in the Irish Criminal Justice

Sector 2017 – 2019 launched.

The Tánaiste and Minister for Justice and Equality, Frances

Fitzgerald TD, today welcomed the publication of the

Probation Service and Irish Prison Service Annual Reports for

2016. In addition, the Tánaiste launched the Joint Probation

Service and Irish Prison Service Strategy for Development of

Social Enterprise in the Irish Criminal Justice Sector 2017 –

2019.

The Tánaiste said, “During 2016, the number of Community

Service Orders issued by the Courts and facilitated by the

Probation Service increased to over two thousand. I am

pleased to note the increase in the use of Community Service,

as an alternative to prison. The use of prison as a sanction of

last resort is a core principle of penal reform, and I applaud

the Probation Service in their success in providing

appropriate alternatives to custody.”

I also note the achievements made by the Probation Service in

2016, through the high level of compliance rates in the Community

Return Scheme; and the positive results of the fourth recidivism

study”.

Welcoming the 12% reduction in prison committals highlighted in

the Irish Prison Service Annual Report, the Tánaiste noted the

impact that alternatives to custody were having, especially on

committals for shorter sentences saying, “We must continue to

ensure that violent offenders and other serious offenders serve

appropriate prison sentences while at the same time switching

away from prison sentences and towards less costly non-custodial

options for non-violent and less serious offenders

• The Tánaiste also noted the 15% reduction in committals for

the non-payment of a court ordered fine in 2016 and said that

even greater reductions of up to 50% were being experienced

in the first quarter of 2017.

• The Joint Probation Service and Irish Prison Service Strategy

for Development of Social Enterprise in the Irish Criminal

Justice Sector, was launched today alongside the publication

of both annual reports.

• Work undertaken in early 2016 by a Probation Service and

Irish Prison Service Steering Group, identified the potential to

create employment opportunities for ex-offenders through the

creation of social enterprises and considered the relevant

structures required to harness such opportunities.


The fundamental theme of the joint Strategy is that people with education and training, who are in employment, are less likely to offend. The aim of the ‘social enterprise’ model is to prepare prisoners for the work environment while in prison and to facilitate them in gaining employment upon release. Speaking at the launch of the Strategy the Tánaiste said, “I am delighted to launch today, the joint strategy by the Probation Service and Irish Prison Service on the Development of Social Enterprise in the Irish Criminal Justice Sector. This innovative body of work will no doubt provide essential services and supports to ex-offenders as they begin the process of rebuilding their lives and reintegrating into our communities. I commend the on-going collaborative work between the Probation Service and Irish Prison Service, in constantly striving to achieve better outcomes for both offenders and victims in the delivery of their services to the public.”

ENDS Notes for Editors: · The Probation Service and Irish Prison Service Annual Reports are available, alongside the Joint Strategy for Development of Social Enterprise in the Irish Criminal Justice Sector, at the following websites: www.probation.ie and www.irishprisons.ierespectively and www.justice.ie. · The Joint Irish Prison Service / Probation Service Strategy for Development of Social Enterprise in the Irish Criminal Justice Sector strategy supports the development of social enterprises across four pillars: 1. Creating enabling environments for Social Enterprises 2. Developing leadership and capacity 3. Increasing access to markets & developing SE business partnerships 4. Measuring impact

Probation Service Report There were 2,067 Community Service Orders made in 2016 compared with 1,937 in 2015. This represents an almost 7% increase. The use of prison as a sanction of last resort is a core principal of penal reform and greater use of Community Service can be made. The increase in the application of this sanction is very welcome.

The Community Return Scheme continues to have a 90% compliance rate and 270 prisoners completed community return in 2016. The fourth recidivism study was published in 2016. This looked at the 2010 cohort of offenders who received either Probation Supervision or Community Service. The results show that almost 63% of offenders given one of these alternative sanctions by the Courts had not reoffended in the following 3 year period. This compares well with the previous study (2009 cohort) even though the overall recidivism rate increased marginally from 37.3% to 37.5%. The Probation Service piloted integrated community service in 2016 with 70 participants. Following from the recommendation of the Strategic Review of Penal Policy, the integrated community model allows for up to one third of Community Service hours to be used to facilitate participants’ attendance at programmes that address the issues connected with their offending behaviour. The pilot will be evaluated in 2017 2016 was an important year for Probation Service internationally. The Director, Vivian Geiran commenced his role as Chair of the Council of Europe working group on prisons and probation co-operation (the PC-CP). The PC-CP work programme for the year, included the completion of high-level practice guidelines on radicalisation to violent extremism of offenders in prison and the community.


https://mail.fmjunction.ie/owa/redir.aspx?SURL=arsIBI2iFgyad1a4Ze9luyKUJpSUAw6mIb-FiPxVfywXCT2y-pzUCGgAdAB0AHAAOgAvAC8AdwB3AHcALgBwAHIAbwBiAGEAdABpAG8AbgAuAGkAZQAvAA..&URL=http://www.probation.ie/

https://mail.fmjunction.ie/owa/redir.aspx?SURL=LnloT-W7AAh5h1bw14rcQnzt5o4aQSyQNVuZzNBaxnkXCT2y-pzUCGgAdAB0AHAAOgAvAC8AdwB3AHcALgBpAHIAaQBzAGgAcAByAGkAcwBvAG4AcwAuAGkAZQAvAA..&URL=http://www.irishprisons.ie/

https://mail.fmjunction.ie/owa/redir.aspx?SURL=kQZ6YERqay9jKjUKrIGc0ITQdjlmqcPKNka_qjMH0wcXCT2y-pzUCGgAdAB0AHAAOgAvAC8AdwB3AHcALgBqAHUAcwB0AGkAYwBlAC4AaQBlAC8A&URL=http://www.justice.ie/

Assistant Director, Gerry McNally was elected to the Chair of the Confederation of European Probation (CEP). CEP aims to promote the social inclusion of offenders through community sanctions and measures such as probation, community service, mediation and conciliation. CEP is committed to enhance the profile of probation and to improve professionalism in this field, on a national and a European level. The appointment is a great honour for the Irish Probation Service.

Irish Prison Service Annual Report The first recruitment campaign for new Recruit Prison Officers since 2008 commenced in July 2016. These new staff will ensure that the Irish Prison Service is renewed and has the capacity to continue to provide safe, secure custody and rehabilitation in all prisons throughout the country. In September 2016, the first Joint Strategy for the Management of Offenders and (J-ARC) Joint Agency Response to Crime was announced. This strategy drawn up by the Probation Service, IPS and An Garda Síochána, sets out a range of agreed key objectives and supporting actions for the enhanced management of offenders, which will be advanced on an inter-agency basis in the period 2016-2018.

In 2016 there were 15,099 committals to prison during the year which is a decrease of 12.2% on the 2015 total of 17,206.

8,439 persons were committed to prison as a consequence of the non-payment of a court ordered fine during 2016. This decrease of 14.6% on the 2015 figure of 9,883 is a direct result of the implementation of the Fines (Payment and Recovery) Act 2014.

12,579 persons were sent to prison in 2016 compared to 14,182 in 2015, a decrease of 11.3%. The number of prisoners committed serving sentences of 12 months or less decreased by 12.2%; The overall daily average number of prisoners in custody in 2016 was 3,718 compared to 3,722 in 2015. This represents a decrease of 0.1%. 2016 saw 301 people involved in the Community Return Scheme. ENDS///


ASSESSING A STORY

WHAT ARE JOURNALISTS LOOKING FOR?

1. THE NEWS LINE

• The Irish Times;

Increasingly fewer people are being sent to jail for not paying fines as legislation designed to cut back the numbers takes hold. According to the Irish Prison Service (IPS), committals to prison dropped by almost 15 per cent in 2016, with 8,439 people put behind bars for failing to pay various court-imposed penalties. • RTE;

The Irish Prison Service says the number of people being sent to prison is continuing to drop because of new fines legislation. The law allows for the payment of fines in instalments or for a judge to make a return or attachment order. The Prison Service Annual report shows just over 12,500 people were sent to jail last year, a reduction of over 11%.


https://static.rasset.ie/documents/news/ips-annualreport-2016-web.pdf

2. STORY REACTION

• Reaction from politicians;

The Tanaiste Frances Fitzgerald has welcomed a 12 per-cent drop in the number of

people sent to prison last year.

3. STORY DEVELOPMENT

• Reaction from lobby/representative groups

The Chair of the Council of Europe working group on prisons and probation co-

operation (the PC-CP).


4. ANALYSIS

• An analysis of current legislation - What is it? How has it changed? = allows the public to form their own opinion.

• Certain crimes? All cases that fines can be paid in installments

5. COMMENTARY;

Talking points;

• The Community Return Scheme – how it works?

• How are Community Service Orders issued and why?

• Whether a reduction in the number of people being sent to prison is beneficial.


NATIONAL VERSUS LOCAL

LOCALISING NATIONAL STORIES

1. CRIME FIGURES

Pockets of the country with higher than average assault/murder rates. Why is that? More prosecutions?

Garda resources

http://www.independent.ie/irish-news/crime/crime-nation-how-safe-is-your-area-30727076.html

The figures show Co Kerry has a significant problem with drunk and disorderly behaviour, while Co

Waterford has a much higher rate of rape and sexual offences than other counties.

They also show homeowners are more likely to be burgled in Co Louth, while you are more likely to be

the victim of a violent assault in Co Donegal.

Similarly, drink driving is a bigger problem in Co Monaghan than elsewhere.

A breakdown of more than a quarter a million criminal offences recorded in Ireland last year show that

one person in every 20 was affected by a crime.




















2. COURT SERVICE

• AMALGAMATIONS

National = overview/commentary of decision

Local = what it means for their local area.

http://www.dundalkdemocrat.ie/news/local-news/49253/Amalgamation-of-District-Court-offices-confirmed.html

The courts service has confirmed the amalgamation of Dundalk and Drogheda District Courts.















• COURT SERVICE REPORT

http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/3A1E17F47B97463080257FC0003DA137?opendocument&l=en

Analysis of the annual report

4 . FEATURES

• Always looking for further development; Report idea for the Pat Kenny show on Newstalk:

A Gaeltacht Court which provides services to native Irish speakers in the heart of the Conamara Gaeltacht may close its doors in a bid to cut back on costs.

Last week Judge Mary Fahy raised concerns over the possible closure of the court houses in the Conamara Gaeltacht which are in judge Fahy’s district.

Reasons behind the decision, legal perspective (Galway legal practitioner & gaeilgeoir), local reaction (community & solicitor).

• Commentary: Why have Irish language courts, how common are they?





SENTENCING

1. EXPLAINER AS TO HOW SENTENCES ARE ARRIVED AT?

• How they are decided

• Dissatisfaction among the public

• Rehabilitation

EXAMPLE;

http://www.leinsterleader.ie/news/local-news/239326/naas-court-man-30-with-431-previous-convictions-surely-has-worst-record-in-ireland-judge.html

A Cork man with some 431 previous convictions appeared at Naas District Court on Thursday, March 9. Anthony O’Sullivan (30), of 7 Araglen Court, Deanrock Estate, Togher, Cork, appeared at the March 9 sitting. He pleaded guilty to driving with drugs in his system and dangerous driving on the M7 at Newhall on December 20, 2016.

































EXPLAINER AS TO HOW SENTENCES ARE ARRIVED AT?

http://www.thejournal.ie/family-man-died-traveller-family-court-3141888-Dec2016/

EXAMPLE;

THE FAMILY OF a man who died of fright, after disturbing a Traveller gang ransacking his isolated rural home, have hit out at the sentences imposed today on two members of the gang.

Cousins David and Michael Casey – jailed for three and a half years for burglary – will likely serve only 16 months in prison.

Limerick bachelor John O’Donoghue, (62), collapsed and died from a heart attack as he prepared to confront the two men, at his home in Toomaline, Doon, Co Limerick on 27 August last year.

The criminal cousins – who had 60 previous convictions between them – ran from O’Donoghue’s home, leaving him collapsed on the ground, despite calls from his sister Christina for help, Limerick Circuit Court heard.

Reacting to the sentences, a spokesperson for the O’Donoghue family said they hoped the State would appeal the men’s jail terms on leniency grounds.

Michael Casey (33), from Bay 9, Clonlong, Southill, Limerick, and David Casey (21), with an address at Carragh Park, Coolock, Dublin 17, both pleaded guilty to three counts of burglary and one count of criminal damage. All four offences happened in the Doon/Cappamore area on the same afternoon.

Imposing terms on each defendant of four years and six months with the final 12 months suspended, judge Tom O’Donnell said:

















2. SENTENCE REDUCTION

http://www.leinsterexpress.ie/news/home/221016/drunk-driver-who-killed-a-child-in-portarlington-has-sentence-reduced.html

EXAMPLE;

Appeal court reduces sentence on Finbarr O'Rourke form Portlaoise for dangerous driving causing death of Ciaran Treacy

A drunk driver jailed for dangerous driving causing the death of a four-year-old boy from Portarlington has succeeded in his appeal on the length of his sentence reduced by two years.

The appeal court reduces sentence on Finbarr O'Rourke for dangerous driving causing death of Ciarán Treacy from 7.5 yrs to 8 with 2 suspended. It means is sentence is now 6 years.

During the appeal his legal team argued that he was sentenced “as an example” to the wider community “rather than an individual”.

























3. SUSPENDED SENTENCES

EXAMPLES;

Tallaght man with 61 previous convictions gets five month suspended sentence for driving on wrong side of the road.

A drivef who was caught driving on the wrong side of the road received a five-month suspended sentence in Tallaght

Court. Judge Patricia McNamara also banned Neil Guerrine from driving for three years.

Guerrine, aged 31, with an address at Cloonmore Road, Tallaght, pleaded guilty to careless driving, no insurance and no

NCT at Fortunestown Road in Tallaght on April 10, 2016.

He was originally charged with dangerous driving but a plea was accepted to the lesser charge of careless driving.

4. GOOD BEHAVIOUR

Convicted wife killer Eamon Lillis will be released from prison this morning

Eamon Lillis was jailed for six years and 11 months in February 2010 over the death of his wife Celine Cawley -

his good behaviour while in prison secured him a 25% reduction of his sentence.


FAMILY LAW

• Ask the expert slots

• Following the publication of the recent Census report/CSO statistics

1. Divorce/separation

• What do judges take into account when making decisions

• What happens the family unit

• Property/estate

2. Custody rights/fathers rights/guardianship

• Current legislation

• What matters in decision making process – talking points/reaction

• Grandparents right


3. Domestic violence/abuse cases

• Sentencing

• Remaining family unit


ASK THE EXPERT!

PROBATE

• How to set up a will,

• When, who, how,

• What should one consider,

• Advice for people

• Farmers rights/wills

CONVEYANCING

• Property market

• Entry/access lands

• Planning permission- extensions

EMPLOYMENT LAW

• Changes to contracts

• Redundancy


OTHER PREVIOUS EXAMPLES:

1. Water directive & possible suspension of water charges;

legal advisors tell Irish Water there is no possibility under European law

for the State to suspend or scrap water charges? AG issues legal advice,

FG & FF seek legal advice, along with committee on the future of water

charges….??

2. Location of the new national maternity hospital;

Compulsory Purcahse Order?


3. Marriage referendum

• Explain the changes

• What it might mean for children

4. Constitutional law

• Legal expert to changes to constitution re- drug driving legislation

• What it means? Prescription drugs/impaired driving

5. Inquests

• Families of those who died by suicide & solicitors talk about Inquests


CURRENT EXAMPLES OF WHERE LEGAL OPINION IS SOUGHT;

1. CYBER CRIME VIRUS

• Leading Cyber-security Expert to Discuss "Ransomware" Attacks

• Data protection/patients/low-level hackers & how it works

• Was there a HSE breach?

2. SOCIAL MEDIA

• What can & can’t you say online,

• Defamation – how difficult to convict someone

• On-line bullying

• Data commissioners report


3. BREXIT

• Customs

• Borders

• Freedom of movement

4. TRUMP

• Impeachment – legal expert to explain the boundaries


WHAT WE LOOK FOR IN AN

INTERVIEWEE

• Knowledge of subject

• Ability to explain legal jargon/good communicator/not overly vague

• Good use of examples

• Honest about going on-air & comfortable

• Local and national proximity

• Always looking for new voices!


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