Seanad debates
Tuesday, 8 December 2009
Criminal Procedure Bill 2009: Report and Final Stages
5:00 pm
Dermot Ahern (Louth, Fianna Fail)
I will not repeat what I said on Committee Stage, but "for example" is probably not a great phrase to use in a criminal law code from the point of view of certainty and clarity in the interpretation of legislation. The amendment only states the obvious. If it is to be considered new and compelling evidence, that is a matter to be determined by the court in a particular case. It may or may not include DNA evidence or admissions by persons involved, although it more than likely will, particularly in the context of old cases being reviewed. Ultimately, it is a matter for the court to decide. Therefore, inserting the phrase "for example" is not necessary in this type of criminal legislation.
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