Dáil debates

Tuesday, 15 July 2014

Court of Appeal Bill 2014: Committee and Remaining Stages

 

6:55 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 15:

In page 35, between lines 8 and 9, to insert the following:“Amendment of section 4 of Criminal Justice Act 1993

49.Section 4 of the Criminal Justice Act 1993 is amended by the substitution of the following subsection for subsection (2):
“(2) Where an application has been made to the Court of Appeal under section 2 --
(a) a legal aid (appeal) certificate shall be deemed for the purposes of the Criminal Justice (Legal Aid) Act 1962 to have been granted in respect of the person whose sentence is the subject of the application, and

(b) the person shall be entitled to free legal aid in the preparation and conduct of his or her case before the Court of Appeal and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of that Act.”.”.
This amendment is also technical in nature. Section 4 of the Criminal Justice Act 1993 contains a number of minor provisions to facilitate the operation of that Act, such as the giving of sentencing reports to the DPP and the provision of legal aid. The amendment involves the deletion of references to the Supreme Court in that section.

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