Results 5,061-5,080 of 18,728 for speaker:Michael McDowell

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: It does.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: Briefly as regards (g), it would not oblige a court to follow other previous judgments made in respect of a person. However, if a person has been refused bail on eight occasions, why should this not be brought to the attention of the ninth judge? It would be strange if a judge were not to hear that type of material evidence. As regards subsection 5(a), extending the period for production...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: If that were changed to "shall" it would cast a duty on the court to work this out in any particular case. I do not want newspapers to believe they are free to say anything they like about what happens in a District Court, unless a court orders otherwise. I want them to share responsibility in this matter. I will look at it again, but I am happier with "may" there, because it might be...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I do not believe this particular provision is necessary.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: Depending on how Deputy Andrews drafts his Bill, there may be no problem with expunging previous convictions after a certain period has lapsed. I have considerable sympathy for the proposal. However, we must be careful as to what offences are not included.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I do not know whether Deputy Andrews's proposals will involve an application to a court to have records cleared or that it will happen with the efflux of time. The written statement does not mean it is in the applicant's handwriting. It is anticipated that there will be a prescribed format for the statement and the person concerned will have to fill it out to the best of his or her knowledge...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: A signature can be a mark. I will examine the situation where an applicant may have such a string of convictions that he or she could not remember them all. A clause can be inserted that it is to the best of one's knowledge or belief. I do not want a situation where the accused can ask the Garda for a list of previous convictions.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I will consider the matter before Report Stage.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I accept that and I am glad the point has been raised. I do not want a situation where an individual with 85 previous convictions must give chapter and verse for each of them from memory when filling out a bail application. On the other hand, having three convictions for murder should stick in one's mind. Regarding subsection (7), there will be an insertion in the 1997 Bail Act, of which...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: Yes, if the applicant was giving evidence, he or she would be considered a witness. Gardaí might be witnesses too.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: The Act states that one does not have to say that.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: I have listened to Deputy Howlin expound this view and I was interested to hear him elaborate on it now. Two issues arise, the first being the issue as to whether the word "considered" should appear in the last line of the subsection. I will examine this carefully. That something is evidence of something does not ascribe weight to it of any particular kind and does not oblige somebody to...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: It corroborates the proposition that bail should not be applied.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Michael McDowell: It is not proof positive. I will be careful in my language. I would not agree with Deputy Howlin that it makes it conclusive evidence on the matter.

Criminal Justice Bill 2007: Committee Stage (29 Mar 2007)

Michael McDowell: I will reply. I have said virtually everything I want to say about this.

Criminal Justice Bill 2007: Committee Stage (29 Mar 2007)

Michael McDowell: I have forgotten them, as it is a long time since the Deputy spoke in favour of his amendment. I am of the view, like Deputy Jim O'Keeffe, that this system can make a useful contribution, particularly in regard to the bail-no bail issue. It might well occur to a judge dealing with the question of whether a person is likely to commit a serious gangland crime that the fact that he or she could...

Criminal Justice Bill 2007: Committee Stage (29 Mar 2007)

Michael McDowell: My recollection is that the cost per prisoner per month is Stg£1,200. I believe that is the figure I was told.

Criminal Justice Bill 2007: Committee Stage (29 Mar 2007)

Michael McDowell: That is true but it would also depend on the volume of people being monitored. If somebody is required to sit at a monitoring station——

Criminal Justice Bill 2007: Committee Stage (29 Mar 2007)

Michael McDowell: ——for one person, the price would be dramatically higher than for a large number of people. I am not in a position to give the Deputy an accurate estimate of that cost. It would depend on the technology and on the contract.

Criminal Justice Bill 2007: Committee Stage (29 Mar 2007)

Michael McDowell: My understanding is that it is for the fixed point system but I am not 100% sure about that.