Results 9,381-9,400 of 18,729 for speaker:Michael McDowell

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Yes.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: "Indicators" is a longer term.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I have no idea.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Normally, I would have accepted it. I do not know whether there was any difference between the amendments.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: It was probably in respect of the guillotine in that it would make the issue more certain.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: The term "book of evidence" is a term of lawyers and, as far as I know, is not used in any statute. Under the Criminal Procedure Act 1967, the statements of witnesses, a list of exhibits and the names and addresses of witnesses have always been called the book of evidence by lawyers. Notices of additional evidence were regarded as a separate item. Frequently, where the prosecution knew...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Yes. I do not know if that would be a bridge too far for Irish jurisprudence——

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: It exists at the moment in the context of an alibi.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: "Alibi" has a technical meaning. An elaborate excuse for what otherwise looks like a crime is not covered by the concept of an alibi. It merely refers to physical presence at a place and other things are not covered by it. The courts will be fairly tough on somebody who pulls a rabbit out of the hat at the last moment. On the other hand, if the prosecution became aware that a whole new line...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Yes. I do not claim to be an expert in Gaelic games but I understand there was a time when no amount of points equated to a goal. If a team scored one goal it would beat a team that had scored 18 points.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: That was changed at the turn of the century to a three-to-one ratio. This applies to the prosecution at the moment, unfortunately. If one thing goes wrong with its case on one occasion, it is finished, whereas the accused can have a catalogue of disasters such as bad witnesses——

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: Members are very witty tonight. In answer to Deputy Ó Snodaigh's point, at least on this occasion the Human Rights Commission was definite and did not think it was a good idea. In amnesia cases there is another argument. The Canadian Supreme Court addressed this without legislation. It stated that the Canadian view of constitutional justice allowed it to reverse the common law rule in this...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 52: In page 27, line 16, after "may" to insert ", with the leave of the court,".

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: I move amendment No. 54: In page 27, line 25, to delete "any fact mentioned in it" and substitute "the fact concerned".

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: It is the law that when a District Court judge issues a warrant the offence in respect of which it is issued is specified on its face.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: There is no such thing as a general warrant.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: There is no such document as a warrant to search places for any old offence.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: The subject matter of amendment No. 19 can be dealt with under the rules of the District Court.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: No, I am wrong about that. It is dealt with in a subsequent amendment in my name. On Committee Stage, we dealt with that issue near the end of the Bill. This relates to the Dylan Creaven case.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Michael McDowell: We dealt with that towards the tail end of the Bill, in a different place. I misunderstood what the Deputy was highlighting.