Results 11,521-11,540 of 16,849 for speaker:Dermot Ahern

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: Section 5 of the 1993 Act places a mandatory obligation on a judge to take account of victim impact evidence with regard to sexual and violent offences, even where the victim of the family chooses not make an oral statement about the impact of the offence. In response to amendment No. 2, I plan to table an amendment in the other House to deal with the already mentioned categories of offences...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: I said I would reflect on this amendment. However, we are not aware of any difficulty. No evidence has been put forward to support the view that there is difficult in this area. Insisting on a particular level of skill or expertise might only create unforeseen difficulties. Until such time as it has been established that there is a problem, we should allow the present approach to...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: The amendment states "legal representation", not "limited legal representation". If one was to allow this, as it were, one might ask: how long is a piece of string? There would be all sorts of arguments as to what was the intention of the Legislature if we were to include this. Legal representation, in effect, would mean the full gamut. I am advised that there are constitutional...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: I will not repeat what I stated on Committee Stage. In effect, this would set up the Supreme Court for an appeal in a situation for which that court was not designed originally. As I stated on Committee Stage, the issue of trying to filter cases from going into the Supreme Court is absolutely necessary so that what goes to the Supreme Court is only an appeal on a point of law of major...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: I will not repeat what I said on Committee Stage, but "for example" is probably not a great phrase to use in a criminal law code from the point of view of certainty and clarity in the interpretation of legislation. The amendment only states the obvious. If it is to be considered new and compelling evidence, that is a matter to be determined by the court in a particular case. It may or may...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: Again, I believe we are not a million miles away from each other. What we are trying to do, as far as possible, is to ensure the acquitted person, by purposely absenting himself or herself or arranging a situation whereby he or she is not available to the court, in effect can veto the application being made for a retrial. As is the case, the court must be satisfied that in all the...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: I thank Senators for raising this issue. Senator Bacik set out the factual position in a frank and honest manner. As a politician, I might like to move in the direction proposed by the Fine Gael Senators. I do not agree with Senator Regan's assertion that this is a policy issue. I have to proceed on the basis of the legal advice given to me by the Attorney General, who is the Government's...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: One person's definition of justice may differ from another's. Senator Bradford asked me to state where this issue is covered in the Constitution. I used the words "constitutional framework". The advice I have received from the Attorney General is that any attempt to allow cases in which there have been acquittals to be reopened retrospectively would involve a fundamental breach of the...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: It would be a complete trespass on the judicial domain. At present, people who are accused of crimes but acquitted in due course of law are entitled to the irrebuttable presumption of innocence. Under the existing law, a judgment of acquittal means, in effect, that a person who is acquitted cannot be prosecuted again in any circumstances. If we assume that were permitted under the...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: We cannot go on a wing and prayer and pass legislation without having full confidence in its constitutionality-----

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: -----and hope that the Supreme Court, in an Article 26 reference, might see it right on the night or, alternatively, allow the legal eagles down in the Four Courts to pick holes in it. We must copperfasten any legislation we pass. The Government must accept the advice of the Attorney General on the basis that it is given based on his knowledge of the law, precedent and the Constitution....

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: People already acquitted in any serious case to which the proposed legislation would apply would be put in jeopardy if we pass a law facilitating the turning around of their cases. We are saying that once we pass the law and somebody commits an offence for which he is acquitted subsequently, it will then be possible, under this legislation. The Deputy says his measure is not specific but it...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: Yes, but only regarding offences committed after the Bill is passed.

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: It is not a choice. If that was the case, the extension of the Senator's argument would be that if somebody was in a car crash week and was convicted of dangerous driving, we could pass a law and change it in such a way that perhaps they would get a prison sentence for dangerous driving. The Legislature just cannot do this. It would be wrong. Neither Gerard Hogan nor any other person in...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: No. There was no discussion in that regard and, as far as I am aware, there was nothing in the report about retrospection-----

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: -----because they knew it would not be possible. In a very small way we are allowing for a reopening only in exceptional circumstances. It is something we should do very carefully and in a very considered way. The Senator has asked what justice is and what is fair. We need to have due respect for the human rights of all people, including those who have been acquitted of very serious...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: The appeal to the Supreme Court provided for in section 14 is intended to be available to both parties, the acquitted person and the Director of Public Prosecutions. In the case of the acquitted person, he or she may wish to appeal in the event of a retrial order being made by the court under section 10. In the case of the DPP, he may wish to appeal in the event that the court refuses to...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: The effect of the Senator's amendment is that a superintendent could make an application to a judge of the District Court for an arrest warrant under section 16 only where the DPP is contemplating the making of an application for a retrial order under sections 8 or 9. This would suggest to me that there is some confusion about the scope of section 16. The arrest power in section 16 does not...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: I agree with the Senator and I shall be tabling an amendment to this effect in the other House. We shall be endeavouring to ensure the threshold of any appeal is sufficiently high to protect jury decisions, following receipt of all admissible evidence, while at the same time not setting the bar so high that the section is inoperable. If the Senator agrees to withdraw her amendment, I...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: I propose to table another amendment in the Dáil in relation to the Supreme Court case that is being dealt with at the moment. There is some uncertainty about the hearing before the Supreme Court, but in an earlier hearing the court gave an indication that in dealing with what are called hybrid cases, namely, ones that may be tried as summary or indictable offences, the District Court was...