Results 2,101-2,120 of 15,060 for speaker:Helen McEntee

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: My understanding is that there are a small number of cases that this could be applied to but, again, case law suggests that would perhaps not be successful. The advice is despite the fact there are a small number of cases where this has been applied, there is a strong reason to move forward with this specifically. There are a small number of cases. That is not to say a case would not be...

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: I do not think we disagree but the very clear advice I have is that by doing this we will still have to come back-----

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: By using and specifically referencing murder where it does not exist at the moment, there is the potential to put in place a discrepancy on the other side of things. Our objectives are the same, but the legal advice I have is to comply with the High Court ruling. We need to change it.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: The fact that it is silent on the type of offence in the 2001 Act, by disapplying it to aged-out persons they automatically fall under that category. However, by inserting the words "when he or she committed the murder", there is a specific-----

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: By disapplying the mandatory life sentence of murder to this person, the person automatically falls back under this.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: It is going back to when the crime was committed, not when the person is being sentenced. That is what it is looking at.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: The amendment specifically refers to murder, which is not referenced in the 2001 Act for children. Deputy Howlin's amendment would include that where it is not included at the moment.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: The amendment refers to it. That is the challenge here.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: The amendment states: “(2) Subsection (1) shall not apply to the sentencing of a person convicted of murder who was under the age of 18 years when he or she committed the murder but has attained that age on or before the date of such sentencing."

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: I am sorry, I was looking at the wrong section. It still applies in the same way because it is silent to murder. There is no need to change it because it already applies. When it is disapplied, it will apply to the child because the offence was committed before the child was 18. This is the very clear advice I have.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: It disapplies it. The same approach will be applied.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: It will revert to the same common law that is used by the Children Act. It would be the same approach.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: By disapplying it, it will revert to common law which is exactly-----

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: -----what it falls under in the 2001 Act. It is the same. It will align with and be applied in the same way as the 2001 Act. Again, I have been assured that there is no need to specify that any particular type of sentence or order can be applied because this is already the case.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: We need to engage further on this in terms of the wider picture and the discussion. In order to comply with the equality principle that is underpinned in the High Court ruling, it was made clear to me that children who are aged out and children are treated the same. There cannot be a statutory sentence for children who are aged out because that does not exist specifically for murder for...

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: No. We are disapplying it.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: Any sentence can be imposed.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: It is silent on it.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: In relation to murder specifically, it is silent on that.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: If we were to accept this amendment, there would be statutory sentencing for murder.