Results 4,341-4,360 of 18,728 for speaker:Michael McDowell

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

Michael McDowell: I move amendment No. 63: In page 21, line 3, to delete "section 27(3CCC)" and substitute "section 27 (3F)". I decided I would tidy that up. I forgot to mention it.

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

Michael McDowell: I move amendment No. 64: In page 21, between lines 3 and 4, to insert the following: "(3) Subsection (1) shall not apply where the court is satisfied that it would be disproportionate in all the circumstances of the case to specify as the minimum term of imprisonment to be served by the person concerned the term of imprisonment referred to in that subsection in respect of the subsequent offence.".

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

Michael McDowell: I move amendment No. 68: In page 21, line 30, to delete "subsection (1)(c)" and substitute "subsections (1)(c) and (10)".

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

Michael McDowell: I move amendment No. 70: In page 21, lines 40 and 41, to delete "this section" and substitute "subsection (1)".

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

Michael McDowell: I move amendment No. 71: In page 21, lines 42 and 43, to delete "Schedule 2 during the previous 7 years." and substitute the following: "Schedule 2— (a) during the period of 7 years from the date of conviction of the subsequent offence and, for the purpose of determining that period, there shall be disregarded any period of imprisonment in respect of the first offence or the subsequent...

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

Michael McDowell: I move amendment No. 72: In page 23, to delete lines 6 to 13.

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

Michael McDowell: I move amendment No. 73: In page 23, to delete lines 14 to 45, to delete page 24 and in page 25, to delete lines 1 to 42 and substitute the following: "25.—(1) Where a person (other than a person under the age of 18 years) (in this section referred to as "the offender") is convicted on indictment of an offence specified in Schedule 2, the court shall consider whether it is appropriate to...

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

Michael McDowell: There is a variation mechanism.

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

Michael McDowell: It is in subsections (8) and (9).

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

Michael McDowell: Yes.

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

Michael McDowell: They are orders made on foot of a criminal conviction. They pertain to the Criminal Court and are appealable to the Court of Criminal Appeal.

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

Michael McDowell: It is part of the decision the courts make. It is not a question of proof as sentencing does not require proof.

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

Michael McDowell: I move amendment No. 33: In page 11, to delete lines 7 to 10, and substitute the following: "refusal of the application is reasonably necessary to prevent the commission of a serious offence by that person, the statement is admissible as evidence that refusal of the application is reasonably necessary for that purpose.".

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

Michael McDowell: I do not want to take up too much time on this point. The legal advice available to me is that it is unduly vague as to its meaning. To require the person to be of good behaviour in addition to not infringing the criminal law is, in the view of the legal advice available to me, going a step too far and is doubtful under ECHR terms.

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

Michael McDowell: I will elaborate the point a little more as I may have been too short in my explanation. I do not wish to sound like a telegram. It is a common usage in terms of suspended sentences that a person keep the peace and be of good behaviour. In a suspended sentence the court is saying it is letting a person out not simply on the basis that he or she does not commit a further criminal offence...

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

Michael McDowell: That is the case on suspended sentence.

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

Michael McDowell: Because I do not want the statute struck down.

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

Michael McDowell: So was the 1935 Criminal Law Amendment Act.

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

Michael McDowell: I assure Deputy Howlin that it is a fundamental change. The original statement contained two elements. I accept there is a fundamental change in regard to the word "considered". I did not have to read about the phraseology in The Irish Times because I became worried about it when the Deputy first raised it.

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

Michael McDowell: That was the Deputy's point. I was worried about the issue, so I thought about it, looked at the Constitution and said that it was to be considered by the court and not by anybody else. That is a significant change. The phrase "shall be evidence" was modelled on the Offences against the State Act, according to which a chief superintendent's opinion is evidence that a person is a member of...