Dáil debates

Wednesday, 23 February 2005

Criminal Justice (Terrorist Offences) Bill 2002: From the Seanad (Resumed).

 

4:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

Is this the nexus or meeting point between our adversarial system of law and the inquisitorial system of criminal law on the Continent? Arising from this amendment, are we trying to confront the situation whereby somebody is brought before a magistrate to inquire into that person's possible involvement in a crime? In that context, are we presuming that a decision has been made to charge when, effectively, the legal system in some continental countries may be that they want to bring somebody before a magistrate in the normal way to inquire into that person's possible involvement in a crime? Is this the Minister's response to that situation, that despite the fact that we are providing for the extradition of a person to another jurisdiction, we are providing in law for a presumption that a decision has been made in that country to charge that person?

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