Dermot Ahern (Louth, Fianna Fail)

The Senator anticipated my use of the word "unnecessary". We believe it is inappropriate in criminal proceedings legislation. The words which the amendment proposes to insert sometimes appear in legislation but dealing only with a civil proceeding. They would be unusual in the criminal context, the reason being that it is taken for granted, unless the contrary is stated, that a person who is subject to criminal proceedings has a right to appear to be heard.

I am advised in the case of sections 8 and 9 that it is also taken for granted that an acquitted person, who is a central character in the application for a retrial, has a right to appear and be heard. He or she is on notice of the application, as stated in subsection (5), and it is also clear from subsection (6) that this right is taken for granted. Subsection (6) provides that an application may be heard notwithstanding that the acquitted person fails to appear, subject to the proviso that the court is satisfied that in all circumstances it is in the interests of justice to proceed to determine the application in the absence of the acquitted person.

The Bill also provides for legal aid for the acquitted person. This is provided in section 11, which amends the Criminal Justice (Legal Aid) Act 1962 to create a new legal certificate which is to be available to an acquitted person who is the subject of an application for retrial order. If the acquitted person was not entitled to appear and be heard, this legal aid provision would be redundant. There is no ambiguity in the Bill around an acquitted person's right to appear and be heard in respect of the application for retrial under either section 8 or 9.