Results 14,341-14,360 of 18,736 for speaker:Michael McDowell

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I move amendment No. 3: In page 7, line 13, after "RESPECTS," to insert the following: "TO MAKE PROVISION IN RELATION TO THE ADMINISTRATION OF CAUTIONS BY MEMBERS OF THE GARDA SÍOCHÁNA TO PERSONS IN RELATION TO OFFENCES, TO PROVIDE FOR ADDITIONAL POWERS OF DETENTION BY THE GARDA SÍOCHÁNA OF PERSONS SUSPECTED OF CERTAIN OFFENCES FOLLOWING ARREST OR REARREST OF SUCH PERSONS IN CONNECTION...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I have the greatest of respect for the Deputy's adviser but every refusal to mention something if asked amounts to a failure to mention it but every failure does not amount to a refusal. I cannot imagine someone saying that when he was asked a question and deliberately did not answer it, that does not amount to a failure. It could, however, amount to a refusal. In the circumstances,...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I hope the suspect was not 6 ft. 6 in.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I regard this as a very important issue. The conduct of identification parades is of pivotal importance, first, as regards their fairness. That jocose remark of mine a moment ago is significant in the sense that identification parades have to be fair. There is no point in having one that is unfair in its composition. Also, they have to be effective as I know from my practice as a...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: On Committee Stage, I stated that I supported the minority in the 1990 Kenny decision. The minority, or discretionary view, held that a balance had to be struck between rights rather than a rigid view being taken which I would prefer were reflected in our jurisprudence. The question is how can we arrive at that point.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: It might preclude me from sitting on such a case. To arrive at such a point, the House could prepare a single clause Bill, stating it is a legislative recalibration of the Kenny issue. The President, at her discretion, can then decide to refer it to the Supreme Court, having consulted the Council of State, under Article 26. Alternatively, it could be enacted without reference to Article 26...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: Whether the accused gives evidence — there are tempting provisions in the English statute on that issue as well — the jury would know exactly the points at issue between the defence and the prosecution at the beginning of the trial. If at the end of the trial and without any defence evidence it is argued that the circumstances for visual identification were inadequate and that the...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: Yes.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I have on a previous occasion and with regard to a similar matter expressed my view at some length to the Deputy. I do not think he will persuade me and I do not think I will persuade him. In the circumstances we should agree to differ on this issue.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I move amendment No. 26: In page 9, to delete lines 18 to 21 and substitute the following: "(e) any previous conviction or convictions of the applicant for a serious offence; (f) any previous conviction or convictions of the applicant for an offence or offences committed while on bail;". Deputies will recall I accepted an amendment proposed by Deputy Howlin during Committee Stage to delete...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: Such an offence must also be listed in the Schedule to the Bail Act.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: To some extent, there is an element of truth in that. If, however, in imposing sentence in a case, a judge has regard to the previous convictions of the accused, he or she is having regard to other judges' findings and the sentences they imposed. We must take a commonsense approach and a judge must have a fairly complete picture of what has gone before. I am glad there appears to be general...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: Yes.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I do not know whether that is a fair description but it covers virtually any act someone involved in serious criminal activity could commit.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: With amendments Nos. 28 and 35, Deputy Ó Snodaigh is proposing that "may" should be removed, casting an obligation on the court to go through this and consider the issue. I wish to make it clear that I believe it is the media's obligation, as well as that of the court, to ensure justice is not contaminated. If the word "shall" was put in that place, people could say that if the court did...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I have taken it out. That is the point.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: I do not believe the consideration to be that of the chief superintendent or anybody else. It is the court's consideration which is relevant. That is the first issue. Some emphasis was put on the proposition that if I indicated the opinion of the chief superintendent to be reasonable evidence, it would in some sense force the court's hand and give a particular weight to the evidence of the...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: That is evidence of his opinion, as evidence cannot be given as to a future fact in the same sense that primary evidence can be given of something seen by a person. I emphasise that it is already the case that evidence of opinion is admissible, which is emphasised in subsection (6), which states "Nothing in this section is to be construed as prejudicing the admission in proceedings under...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: Yes.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Michael McDowell: That is the point I made about the proposed new section 2A(6) of the Bail Act 1997, which is designed to provide that other people's opinions are received in the ordinary course of events.