Dermot Ahern (Louth, Fianna Fail)

Both sections 31 and 33 as passed by this House amended the Courts of Justice Act 1924, albeit different sections of that Act. One of the effects of amendment No. 21 is to combine the amendments to the 1924 Act in one section, that is, section 31, with the consequent deletion of section 33 by amendment No. 22.

Amendment No. 21 has two other effects. Paragraph (a) of section 31, the substance of which was previously contained in section 33, amends section 29 of the 1924 Act to create a limited exception to the normal rule that no appeal lies from the Court of Criminal Appeal to the Supreme Court where the Court of Criminal Appeal has quashed a conviction and granted a retrial. Amendment No. 21 expanded the limited exception concerned to permit a person who has been granted a retrial to appeal a point that is relevant to his or her defence at the retrial, not only where the point at issue was not adjudicated upon by the Court of Criminal Appeal but also where it was determined against him or her. The addition of this second scenario contributes to a more complete treatment of this issue. The normal filtering rules for appeals to the Supreme Court will apply.

Amendment No. 21 also introduces amendments to sections 32 and 33 of the 1924 Act arising from paragraph (b) which abolishes the requirement that a person wishing to appeal to the Court of Criminal Appeal must obtain a certificate from the trial judge or leave to appeal from the Court of Criminal Appeal. I refer to paragraphs (c) and (d) which remove what are now obsolete references to the certification and leave processes in those sections.