Brendan Howlin (Wexford, Labour)

I move amendment No. 47:

In page 15, between lines 12 and 13, to insert the following:

14.—The Criminal Justice Act 2006 is amended by the insertion of the following Part, after section 197, as Part 16:

"PART 16

SUBMISSIONS ON SENTENCE ON BEHALF OF DEFENDANT

198.—(1) In addressing a court on the question of sentence, a solicitor or counsel on a defendant's behalf may address the court, on his or her client's instructions—

(a) on the evidence already received by the court, and

(b) as to the defendant's current state of mind in relation to the offence of which he or she was convicted.

(2) A court shall not, unless it considers the interests of justice require it to do so, receive or place reliance on other statements made by a legal representative in relation to which evidence from a witness, rather than submissions from a legal representative, ought more properly be received.".".

This is an amendment to ensure that there is no abuse of the plea of mitigation. I understand that this is the practice in the courts, but it would be useful to have it incorporated into law. Its intention is to ensure that there is no abuse of the right to make a plea in mitigation and to ensure that if a defendant wants to rely on anything in his or her plea of mitigation, that fact must be proved in evidence and not merely asserted, to provide for that to be done legally and for that evidence to be tested.

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