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Dáil Éireann debate -
Wednesday, 27 Sep 1933

Vol. 49 No. 14

Ceisteanna—Questions. Oral Answers. - Remission or Modification of Court Penalties.

asked the Minister for Justice if he will state the number of cases in which, during the recess, the Governor-General has remitted or modified sentences or penalties imposed by the courts; what was the offence and sentence or penalty in each of these cases; and, whether in each case a recommendation or report had been sought from the judge concerned.

Since the 10th August, in exercise of the prerogative of mercy, mitigation of sentence was authorised in nine cases, particulars of which are as follows:—

Offence

Sentence

Period Remitted

(1) Conspiracy:

Six months:

96 days.

(2) Contempt of Court:

Three months:

11 days.

(3) Larcency:

Three months:

15 days.

(4) Fraudulent Conversion:

Nine months:

4 months.

(5) Indecent Assault:

Twelve months:

19 days.

In four other cases fines of £4 were substituted for sentences of two months imprisonment in respect of the offence of personation.

The trial judge was consulted in every case except one. In that case the prisoner required urgent surgical treatment and was transferred on release to an outside hospital.

Can the Minister give any information about these cases of personation? Can he indicate in whose favour the people personated?

I have told the Deputy the trial judge was consulted in every case except one, which was not a personation case.

Can the Minister inform us on behalf of what Party those four persons personated?

Is the Minister going to amend the law so as to bring it into accord with Deputy Kelly's view of personation?

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