Seanad debates
Tuesday, 8 December 2009
Criminal Procedure Bill 2009: Report and Final Stages
5:00 pm
Ivana Bacik (Independent)
As I said, I am not wedded to the precise wording proposed, the wording used by the criminal law review group, but I accept that it was not drafting legislation. It gave these two examples of the specific evidence that might constitute new and compelling evidence. As the Minister acknowledged, it is likely that evidence on the basis of which acquittals will be reopened will include DNA evidence or an admission. It would have to be of that high level. Obviously, an admission would constitute reliable and substantial evidence that would implicate the person concerned with a high degree of probability. While using the phrase "for example" might not be the best way of putting it, it is important to have some parameters as to the evidence that would form the basis for the reopening of an acquittal.
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