Joanna Tuffy (Labour)

I move amendment No. 25:

In subsection (4)(c), in page 5, to delete lines 48 to 50 and in page 6, to delete lines 1 to 3 and substitute the following:

"is fit to be tried, the person shall be sent back to the District Court to enable the Court to exercise its functions under the Criminal Procedure Act 1967.".

We tabled this amendment because we believe that under the Bill as it stands, the return for trial process will be skipped. If the issue of fitness to plead is raised in the District Court matters proceed to the Circuit Court without adjudication on the merits of the case, which would be the normal procedure. That is not satisfactory and we have tabled this amendment to ensure they are sent back to the District Court for the court to exercise its functions as outlined.