Seanad debates
Wednesday, 2 December 2009
Criminal Procedure Bill 2009: Committee Stage (Resumed)
12:00 pm
Ivana Bacik (Independent)
I move amendment No. 33:
In page 11, line 20, after "adduced" to insert "by the prosecution". This amendment is intended to be more precise about the definition of "new and compelling evidence" in section 7 where the provision states: "which could not, with the exercise of due diligence, have been adduced during those proceedings,". We want to clarify the type of evidence being described. Section 8 arises only where the prosecution seeks the order for re-trial. The implied meaning is evidence that could not have been adduced by the prosecution during those proceedings.
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