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Dáil Éireann debate -
Friday, 25 Jul 1924

Vol. 8 No. 20

DÁIL IN COMMITTEE. - CRIMINAL JUSTICE (ADMINISTRATION) BILL, 1924.—FROM THE SEANAD.

Amendment 1. In Section 6 (1) the words "having regard to the merits of the case," deleted in line 5.

The Sub-section reads: "Where before the trial or at any stage of a trial, it appears to the court that the indictment is defective, the court shall make such order for the amendment of the indictment as the court thinks necessary to meet the circumstances of the case, unless having regard to the merits of the case, the required amendments cannot be made without injustice, etc." Objection was taken that those words, "having regard to the merits of the case," were indefinite, and that they meant nothing, and the suggestion was made that the word "facts" be substituted for "merits." But it was pointed out that it would be hard for the court to consider the merits of the case when the case was actually not opened, because the change in the indictment might be made before the trial. It was decided to drop these words, and to insert in the next line after the word "cannot" the words "in the opinion of the court." That is the next amendment. I move that the Committee agrees with the Seanad in the said amendment.

Agreed.

Amendment 2. In Section 6 (1), immediately after the word "cannot" in line 6, the words "in the opinion of the court" inserted.

Amendment agreed to.
Amendments 3, 4, 5 and 6.
In Section 13, immediately after the word "Court" in line 34 the words "or a Peace Commissioner" inserted.
In Section 13, the words, "that is to say" deleted in line 35, and the words "or in such similar form as the circumstances may require" substituted therefore.
In Section 13, the words "or a Peace Commissioner" inserted at the end of line 41 and within the bracket.
In Section 13, immediately after the word "Justice" in line 54 the words "or Peace Commissioner" inserted.

These are really formal amendments. Looking at the form of recognizance, it was found that the matter of people to be remanded on bail by Peace Commissioners had been forgotten, and it was agreed to maintain that power by the insertion of these words "Peace Commissioner" where necessary. I move: "That the Committee agrees with the Seanad in the said amendments."

Question put and agreed to.
Amendments 7 and 8:—
In Section 13 immediately after the word "such" in line 60, the words "charge or" inserted.
In Section 13 the words "by the Attorney-General of Saorstát Eireann" deleted in line 61.

In regard to these amendments, it was pointed out the recognizance was intended to cover such cases as those of men remanded on bail to stand their trial before the next District Court. The word "indictment" has a very technical meaning. It is a formal indictment before one of the higher court and is preferred, of course, by the Attorney-General, and in order to have recognizance properly comprehensive it was decided to put in the words "charge or" in front of the word "indictment," or after the word "such," and that involves the disappearance of the words "by the Attorney-General of Saorstát Eireann," because any indictment will be preferred by the Attorney-General, but a charge need not be so preferred, and the insertion of the words "charge or" means the dropping of these words which in the application to the word to indictment are contained in the word "indictment." I move that the Committee agrees with the Seanad in the said amendments.

Question put and agreed to.
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