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Seanad Éireann debate -
Thursday, 28 May 1925

Vol. 5 No. 5

FIREARMS BILL, 1925.—REPORT STAGE. - GOVERNMENT AMENDMENT.

Before Section 28 to insert a new section as follows:—
Notwithstanding anything to the contrary contained in the Firearms (Temporary Provisions) (Continuance) Act, 1925 (No. 10 of 1925), the Firearms (Temporary Provisions) Act, 1924 (No. 9 of 1924), and every regulation made thereunder which is in force on the 31st day of July, 1925, shall continue in force after that day so far as but no further than is necessary to authorise and enable persons charged before, on, or after the said 31st day of July, 1925, with having committed on or before that day any offence under the said Firearms (Temporary Provisions) Act, 1924, or any breach of any such regulation as aforesaid to be prosecuted and tried and, if found guilty, to be convicted and sentenced under the said Act and regulations after the said 31st day of July, 1925, and to authorise and enable any appeal (including an appeal by way of case stated) against any conviction and sentence (whether before, on, or after the said 31st day of July, 1925) for an offence under the said Act or breach of any such regulation to be brought, heard, and determined after the said 31st day of July, 1925.

It might help if I gave a brief explanation of the amendment. It is introduced with a view to remedying a defect which was found to exist on the expiration of the temporary Acts. If a person were guilty of an offence against the Firearms (Temporary Provisions) Act, 1924, as continued in 1925, and if the prosecution against him were not completed on the 1st August, 1925, the charge would lapse. Take the case of a person convicted summarily by a Justice of a District Court and sentenced to two or three months, if he appealed against this sentence and if the appeal had not been heard before the 1st August, 1925, the judge on the Circuit Court would be bound to reverse the conviction or to refuse jurisdiction. Owing to lapse of the temporary Act the original sentence given by the District Justice would be non-effective. This amendment is to bridge over the temporary Act until the provisions of this Act become effective and operative. Charges and prosecutions initiated during the period of the temporary Act will not lapse when the temporary Act expires but will be carried over to the temporary Bill.

AN CATHAOIRLEACH

Would not that be accomplished by: "Without prejudice to any pending proceeding."

Amendment put and agreed to.
Report Stage agreed to.
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