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Dáil Éireann debate -
Wednesday, 17 May 1967

Vol. 228 No. 9

Criminal Procedure Bill, 1965: From the Seanad.

The Dáil went into Committee to consider amendments from the Seanad.

I move that the Committee agree with the Seanad in amendment No. 1:

Section 7: in subsection (2), line 27, "on" deleted and "by way of" substituted.

This is a drafting amendment.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendment No. 2:

Section 8: in subsection (2), page 5, lines 4 and 5 deleted and the following substituted:

"proceed in accordance with section 7 (4), which shall have effect with the omission of the words `if he is sent forward for trial' in paragraph (a), and, unless section 13 applies, send him forward for trial."

This amendment will ensure that, where the accused person is being sent forward for trial on an indictable offence other than that charged, and where the justice has caused him to be charged with that offence, all the provisions in section 7 (4) about the justice cautioning the accused and having anything he says taken down in writing, and so on, will apply.

Question put and agreed to.

I move that the Committee disagree with the Seanad in amendment No. 3:

In subsection (4), page 5, line 10, "if the accused is charged with such summary offence" inserted before "deal".

I accept the amendment made by the Seanad on this point, subject to re-drafting. The alternative version which I am proposing has been prepared by the parliamentary draftsman in pursuance of this arrangement.

The purpose of the amendment is to make it clear that where the justice is of opinion that a summary offence only is disclosed, and the Attorney General consents, the accused must then be formally charged with the summary offence and the case dealt with summarily in the normal way, with an adjournment, if necessary, to enable oral evidence to be given.

Question put and agreed to.

I move Dáil amendment No. 1, that is, the first of the two amendments on the green sheet:

In page 5, to delete from "deal" in line 10 to "charged" in line 11 and substitute "cause the accused to be charged with the summary offence and deal with the case accordingly".

This is consequential on the rejection of Seanad amendment No. 3.

Amendment agreed to.

I move that the Committee agree with the Seanad in amendment No. 4:

Section 15: in subsection (1), paragraph (c) deleted and the following substituted:

"( ) an opportunity was given for the cross-examination and re-examination of the deponent".

This amendment is of a drafting character. As paragraph (c) of subsection (1) stands it does not provide for the eventuality that the absent witness, whose deposition it is desired to have admitted in evidence at the trial, was a witness for the defence. The paragraph has now been re-drafted in more general terms to ensure that both parties will have had an opportunity of cross-examining and re-examining any witness at the time his evidence was taken on deposition before such deposition may be admitted at the trial.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendment No. 5:

Section 28: Subsection (2) deleted.

I suggest that Seanad amendments Nos. 7 and 10 be discussed with this. These amendments arise out of a recent Supreme Court judgment on the principles which should govern the consideration of bail applications by the courts. This judgment raises very important issues which will require very full and careful consideration by the Government.

Meanwhile, so as not to hold up the enactment of this Bill, it is proposed in these amendments to delete those provisions of section 28 which might be regarded as being inconsistent with the judgment.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendment No. 6:

In subsection (3), line 23, "prison" deleted and "custody" substituted.

Question put and agreed to.

I move Dáil amendment No. 2, that is, the second amendment on the green sheet:

In page 5, line 31, to delete "prison" and substitute "custody".

This is a drafting amendment which corresponds to amendment No. 6 made by the Seanad to section 28 (3).

(Cavan): It will then read “to custody”?

Yes, instead of "to prison".

(Cavan): Would “in custody” not be more appropriate?

"In custody" instead of "to custody"?

(Cavan): Yes; it reads rather peculiarly, I think.

There may be situations where a person can be remanded to an institution other than a prison. It is designed to cover that global notion of custody rather than prison.

(Cavan): Yes, but I think “in custody” would be better than “to custody”.

It is a question of grammar.

Amendment agreed to.

I move that the Committee agree with the Seanad in amendment No. 7:

Subsections (5), (6) and (7) deleted.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendment No. 8:

Section 33: in subsection (2), line 10, "or a peace commissioner" deleted.

This amendment provides that an accused person arrested on suspicion of being about to abscond will have to be brought before a district justice. In its present form, subsection (2) would allow of his being brought before a peace commissioner.

Question put and agreed to.

I move that the Committee agree with the Seanad in amendment No. 9:

In subsection (3), lines 11 and 12, "before a peace commissioner or is brought" deleted and in lines 15 and 16 "or peace commissioner" deleted.

This is consequential on Seanad amendment No. 8.

Question put and agreed to.

Amendment No. 10 was discussed with amendment No. 5.

I move that the Committee agree with the Seanad in amendment No. 10:

In subsection (3), all words from and including "in custody" in line 16 down to and including "aforesaid" in line 18 deleted and the following substituted:

"to appear before such a sitting as aforesaid, and for this purpose the justice shall have the powers of remand conferred on the Court by this Part."

Question put and agreed to.

Agreement to Seanad amendments Nos. 1, 2, 4, 5, 7, 8, 9 and 10; agreement to Seanad amendment No. 6, with a consequential amendment made; and disagreement to Seanad amendment No. 3, with a consequential amendment made, reported and agreed to. Seanad Éireann will be notified.

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