Seanad debates

Monday, 3 July 2006

Criminal Justice Bill 2004: Committee Stage.

 

Photo of Maurice CumminsMaurice Cummins (Fine Gael)

I move amendment No. 11:

In page 23, between lines 13 and 14, to insert the following:

"(b) in section 2 by the addition of following new subsection (11):

"(11) Where a court hearing, seeking the extension of the period of detention of an arrested person, is in session at the expiration of the period of detention, the detention period shall be deemed not to have expired until the court hearing is concluded.",".

A situation arose recently where a court hearing seeking the extension of a period of detention of an arrested person was in session when the period of detention expired and the person was freed. This amendment provides that the period of detention shall be deemed not to have expired until the court hearing is concluded. It is designed to plug the loophole revealed by the aforementioned case.

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