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.".

The Tánaiste indicated that this is the current practice and I am suggesting it should be the current law. The purpose of the amendment is to ensure there is no abuse of the plea of mitigation. It ensures the defendant, if he wishes to rely on anything in his or her plea of mitigation, must produce facts in evidence and not merely asserted.

We had a discussion on this point on Committee Stage. If I recall correctly, the Tánaiste's view was that he had no difficulty with its principle, but it is part of normal procedures now, being current practice. He did not see a need for it to be legislated for. Perhaps he has had time to reflect further, and it might be incorporated in this legislation.

See this speech in context