Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I move amendment No. 3:

In page 5, between lines 13 and 14, to insert the following subsection after subsection (4):

“Amendment of section 12 of Criminal Justice (Theft and Fraud Offences) Act 2001

2. Section 12 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 is amended by the insertion of the following after subsection (4):

“(5)(a) Where—

(i) a person is convicted of a burglary committed after 30th July 2015,

(ii) at the time when that burglary was committed, he or she was 18 or over and had been convicted in Ireland of two other burglaries, and

(iii) one of those other burglaries was committed after he or she had been convicted of the other, and both of them were committed after 30th July 2015,

the court shall impose an appropriate custodial sentence for a term of at least 7 years except where the court is of the opinion that there are particular circumstances which—

(I) relate to any of the offences or to the offender, and

(II) would make it unjust to do so in all the circumstances.

(b) Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the particular circumstances are.”.”.