Results 11,441-11,460 of 16,849 for speaker:Dermot Ahern

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I do not wish to repeat myself but if we were to put this on a statutory basis, we would create more restricted bureaucratic procedures and a basis for challenge by the legal profession. We would remove the flexibility that exists in the system at present. There was a time when victims were not notified or given a liaison officer but that has changed dramatically in the past several years,...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I do not propose to accept the amendment. The balance in the criminal law group indicated the court process for setting aside an earlier acquittal and ordering a new trial should be dealt with by the Supreme Court. However, I am advised by the Attorney General that the constitutionality of so allocating that role is questionable because Article 34.4.1° of the Constitution identifies the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: A recent report by the working group on the court of appeal, chaired by Mrs. Justice Susan Denham, published last August, acknowledged the necessity for a court of civil appeal. While the report rejected some criticism of the court, particularly in respect of giving ex tempore judgments, it does take the view that a permanent team of judges would lead to a more comprehensive development of...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: We asked the Parliamentary Counsel to examine this amendment and it said the addition is not necessary. We are here concerned with the basis for an application by the prosecution for a re-trial order under section 8. It goes without saying that we are concerned with the case being made by the prosecution in the original trial and what was or should have been adduced by the prosecution in...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: In the UK two convictions after re-trial have been obtained and one re-trial is still outstanding and has been ordered. The Senator proposes that two types of evidence, DNA and confession, be inserted as examples of what might constitute new and compelling evidence. I am aware the balance in the Criminal Law Review Group when recommending that the rule against double jeopardy should be...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: There are two significant conditions built into the Bill. The DPP can only make the application where it appears to him that there is new and compelling evidence and that it is in the public interest to make the application. There are several significant safeguards in the Bill from the perspective of the acquitted person. First, the possibility of an acquittal being reopened on the basis...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: With respect, perhaps we could deal with this issue when dealing with section 8. I raised it in the context of trying to outline to Members the safeguards for acquitted persons in regard to the possibility of a retrial. Section 8 deals with the issue of retrospection so perhaps the issue would be best dealt with at that stage and we can also deal with section 16.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: The Senator anticipated my use of the word "unnecessary". We believe it is inappropriate in criminal proceedings legislation. The words which the amendment proposes to insert sometimes appear in legislation but dealing only with a civil proceeding. They would be unusual in the criminal context, the reason being that it is taken for granted, unless the contrary is stated, that a person who...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: We believe the amendment is unnecessary. There is a similar provision in section 9(7) dealing with tainted evidence acquittals, but for some reason the Senator has not proposed an amendment to it. The person's absence may be due to him or her having absconded and fled the jurisdiction, and such action on the part of the acquitted person should not have the effect of vetoing a hearing of the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Perhaps the person absconded on purpose knowing that an application was to be made.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: No.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I have looked at the section very carefully with respect to retrospective action. People understand that with criminal law generally, the principle of legislating from a retrospective point of view is impossible. Somebody can only be convicted of a crime on the basis of the legislation in place at a particular time. That is a general point. There is an issue in this legislation regarding...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I do not have a copy of the Constitution to hand but a separation of powers between the courts, the Executive and the Oireachtas is clearly indicated in the Constitution. By making criminal laws retrospective, in effect this is an interference in the power of the courts to hand down judgments. This is an infringement of the Constitution and also a possible infringement of a person's...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I suggest to the Senators that they perhaps take their own distinct legal advice although I accept that Senator Regan has a legal training. There is clear case law to support the issue. The Senators are asking for the Oireachtas by legislation to possibly overturn previous decisions made before the passing of this Act. I can put it no better than Mr. Justice Lynch in his 1994 judgment in...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I cannot. Members have never been given a copy of the Attorney General's advice.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I can add no more to what I said. I will consider the matter before Report Stage.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: The Senator is seeking to remove the criterion for an appeal to the Supreme Court by either party for an application for a retrial order. The criterion is long established, namely, that the court, the Attorney General or the Director of Public Prosecutions must certify that the determination involves a point of law of exceptional public importance and that it is in the public interest that...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Did we not discuss this amendment?

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I did.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I did.