Results 4,401-4,420 of 18,761 for speaker:Michael McDowell

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....

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

Michael McDowell: I will return to the point I made a moment ago. If I were a judge——

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

Michael McDowell: ——I would wonder whether the local detective was trying to keep the guy before the court behind bars to teach him a good lesson for not making a voluntary statement, or something like that. I would wonder whether that was what was going on before me. In such circumstances, I would wonder there was a grudge match between two people with differing opinions about the facts of the relevant...

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

Michael McDowell: That is what the proposed new section 2A(6) is there for.

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

Michael McDowell: I move amendment No. 1: In page 7, line 6, after "1984," to insert "THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962,". These amendments are to the Long Title of the Bill. Amendment No. 1 reflects the fact that the Bill amends the Criminal Justice (Legal Aid) Act 1962. Amendment No. 2 deals with the fact the Bill amends the Criminal Assets Bureau Act 1996. Amendment No. 3 makes it clear that...

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

Michael McDowell: I move amendment No. 2: In page 7, line 10, after "2006" to insert ", THE CRIMINAL ASSETS BUREAU ACT 1996".

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,...