Seanad debates

Wednesday, 2 December 2009

Criminal Procedure Bill 2009: Committee Stage (Resumed)

 

3:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

In response to the Minister's point about disparity between defence and State, it goes without saying that the might of the State is weighed against the defence. That has always been recognised in the jurisprudence of the European Court of Human Rights and in our Constitution and the due course of law guarantee. It is important to bear that in mind. This provision is not unduly onerous but I am glad to see there is a provision in the Minister's amendment which will allow the defence to bring in evidence of this nature without the necessity to seek notice. In my experience the necessity for such evidence often arises in the course of the trial and therefore it would have been impossible to give the requisite notice.

Amendment agreed to.

Progress reported; Committee to sit again.

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