Seanad debates

Tuesday, 13 July 2010

Criminal Procedure Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages

 

3:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

Amendments Nos. 11 and 13 make identical amendments to section 10(1) and (2). Subsection (1) relates to the new evidence retrial applications. It provides that in the event that the court grants the DPP's application and directs that the acquitted person is to be retried, that direction may be subject to any conditions and directions the court considers necessary or expedient to ensure the fairness of the retrial. Amendment No. 11 inserts the words "(including conditions and directions as to placing a stay on the re-trial)" in subsection (1) in order to clarify that this option is available to the court. Subsection (2) relates to the tainted acquittal retrial applications. Amendment No. 13 makes the same amendment to this subsection. Amendment No. 14 was a consequential amendment to subsection (6).

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