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Dáil Éireann debate -
Friday, 20 Mar 1931

Vol. 37 No. 16

Plate Assay (Amendment) Bill, 1931—Committee Stage.

The Dáil went into Committee.
Section 1 agreed to.
SECTION 2.

I looked over the section of the Principal Act and it seemed to me that no other penalty could be inflicted on a person guilty of an offence under the section than seven years' transportation. Will this amendment leave any option to the Judge, or must he sentence the person found guilty now to the terms of imprisonment set out in the section?

It seems to me that under the Principal Act the Judge had no option except to sentence a person to seven years.

That is the reason for Section 2.

Is it the position now that the person will be sentenced to five years' penal servitude or two years' imprisonment, or will the Judge have the option of sentencing him to a lesser penalty?

I can only read the particular section:

"Notwithstanding anything contained in the Principal Act or in any other enactment, the punishment which may be inflicted on a person adjudged guilty of felony under Section 16 of the Principal Act or of any offence (other than felony) under that section shall be penal servitude for any term not exceeding five years or imprisonment for any term not exceeding two years."

There is a considerable option there.

Sections 2, 3, 4 and the Title agreed to.
Bill reported without amendment.
Fourth Stage ordered for Wednesday, 25th March, 1931.
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