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. 27:

In page 10, subsection (4)(a), lines 24 and 25, to delete ", if the High Court so directs,"

The provision as it stands allows the court a discretion not to apply a less favourable penalty to someone sentenced in another jurisdiction. This amendment deletes the qualification "if the High Court so directs" because, for example, if the penalty involved hard labour the court should not have any discretion. It should be clear-cut that a penalty like that could not apply here. There should not be any qualification in the legislation to allow the High Court any discretion in that respect.

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