Seanad debates

Thursday, 29 April 2004

Transfer of Execution of Sentences Bill 2003: Committee Stage.

 

12:00 pm

Photo of Joanna TuffyJoanna Tuffy (Labour)

I move amendment No. 6:

In page 4, line 20, after "passing" to insert ", unless the High Court on the application of the sentenced person concerned determines that it would be unjust for this Act to apply to that person".

I am not sure those amendments should be grouped because they appear quite different. I do not see the need to group them.

The reason for this amendment is that the Bill states the provisions apply to sentences whether imposed before or after its passing. That is a fairly remarkable move for this provision to apply retrospectively. There should be some jurisdiction for the courts whereby retrospective application which might be unjust would not apply.

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