Results 4,381-4,400 of 18,761 for speaker:Michael McDowell

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...

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...