Barry Ward (Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 8, to delete lines 28 to 30.

The amendment relates to section 6(6), which states:

Where an accused has not been arraigned prior to a preliminary trial hearing in the proceedings concerned, the trial court may, where it considers it appropriate, direct that he or she shall be arraigned at the commencement of such a hearing.

The amendment proposes the deletion of that subsection. The simple reason for that is that it seems to me that a preliminary trial hearing should be allowed to take place before the accused person makes a decision on how to plead. That would be the form in respect of, for example, a section 4E application under the Criminal Evidence Act 1967. Although I note the subsection couches it very much within the power of the judge to make a decision in this regard, I have a small concern about giving the power to the court to essentially demand that an accused person nail his or her colours to the mast one way or the other before proceeding with the preliminary hearing. I wonder whether it is necessary to afford the court that opportunity or whether the subsection should be removed.