Results 4,361-4,380 of 18,728 for speaker:Michael McDowell

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.

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

Michael McDowell: No.

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

Michael McDowell: No, that is not——

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

Michael McDowell: The exact point I was making was that it does not have that implication. The proposed new section 2A(6), which states that nothing in section 2A, including subsection (1), "is to be construed as prejudicing the admission in proceedings under section 2 of other evidence of belief, or of evidence of opinion, whether tendered by any member of the Garda Síochána or other person", was included...

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

Michael McDowell: Sergeants, inspectors and superintendents, when it is relevant to them, give evidence in the average District Court if they believe the person before the court is a serious drug offender who will reoffend if released on bail. Their opinions are considered by the court in such circumstances as an acceptable expression of opinion. I thank the Deputy for raising these concerns because the...

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

Michael McDowell: No, it does not. That is the point I was just making. If a chief superintendent togs out in court to give evidence in the form of his opinion on the matter, he will not be told that a sergeant has already given such evidence. He will not be asked why he is in court, or whether he is trying to browbeat the judge. It might be considered that this involves throwing more and more people in....