Seanad debates

Tuesday, 2 April 2019

Judicial Council Bill 2017: Committee Stage

 

2:30 pm

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

I move amendment No. 41:

In page 20, between lines 22 and 23, to insert the following:

“Proposals by the Minister or Court of Appeal19. (1) The Minister may propose to the Sentencing Information and Guidelines Committee that sentencing guidelines, prepared under section 19 be prepared or revised by the Committee under section 7
(a) in relation to a particular offence, particular category of offence or particular category of offenders, or

(b) in relation to a particular matter affecting sentencing.
(2) The Court of Appeal may propose to the Committee that sentencing guidelines be prepared or revised by the Committee under section 7
(a) in relation to the relevant offence, or

(b) in relation to a category of offences within which the relevant offence falls.
(3) A proposal under subsection (2) may be included in the appeal court’s judgement in the appeal.

(4) If the Committee receives a proposal under subsection (1) or (2) to prepare or revise any guidelines, it must consider whether to do so.

(5) This section is without prejudice to any power of the appeal court to provide guidance relating to the sentencing of offenders in a judgement of the court.”.

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