Seanad debates
Tuesday, 18 May 2021
Criminal Procedure Bill 2021: Committee Stage (Resumed) and Remaining Stages
9:00 am
Michael McDowell (Independent) | Oireachtas source
I understand the point that Senator Ward and the Minister of State are making. What I was worried about, and perhaps I did not express this adequately, is that section 6(14) states that a determination of a point at a preliminary trial hearing shall have binding effect. It is all very well to say that a statement is going to be admissible or inadmissible but if that were interpreted as meaning, for example, that a garda had not made a threat to obtain a statement, it should not be applied as somehow saying that the matter has now been determined and the jury cannot consider that issue afresh. That is the point I am making. However, I will not push the matter any further as I wish to proceed to the other two amendments, if I can. I will leave it at that.
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