Seanad debates

Wednesday, 2 December 2009

Criminal Procedure Bill 2009: Committee Stage (Resumed)

 

1:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I move amendment No. 37:

In page 18, subsection (1), lines 8 to 11, to delete all words from and including "if" in line 8 down to and including "Court" in line 11.

The amendment proposes to delete the condition for appealing from the Court of Criminal Appeal to the Supreme Court because the appeal conditions are discriminatory against the acquitted person, providing no right of appeal unless the court, the Attorney General or the Director of Public Prosecutions certifies that there are points of law of exceptional public importance. It may be like existing general law in respect of appeals from the Court of Criminal Appeal but it is discriminatory against the acquitted person. There is no reason he or she should not have the right to appeal if the Attorney General or the Director of Public Prosecutions may do so. It is unnecessary to insert this additional proviso.

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