Seanad debates

Tuesday, 14 July 2009

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages

 

9:00 pm

Photo of Eugene ReganEugene Regan (Fine Gael)

I move amendment No. 13:

In page 21, to delete line 38 and substitute the following:

" "(4BA) (a) An application under this subsection shall be made to the Judge of a Circuit Court.

(b) Without prejudice to paragraph (b) of this ".

This amendment is linked to amendments Nos. 12 and 14 in terms of precautions and safeguards in this area of scheduled offences. It proposes that it would be the Circuit Court rather than the District Court which would determine the extension of detention. This would reflect the seriousness of the issue. The Bill provides that a judge would have the power to exclude from court during the hearing all persons except officers of the court, persons directly concerned in the proceedings, bone fide representatives of the press and other such persons as the court may permit to remain. Given those powers, it is appropriate that matter would be determined at Circuit Court rather than District Court level.

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