There are two amendments submitted to this Bill. I expect that Senators will have got copies of them.
Criminal Justice Bill, 1960—Committee and Final Stages.
Yes. Sections 1 to 8, inclusive, agreed to
SECTION 9.
Government amendment No. 1:
In subsection (1), line 33, to delete "seventeen" and substitute "sixteen".
This is a minor amendment which is required by the fact that where a young offender aged 16 years is of so unruly or depraved a character that he is unsuitable for remand to places of detention such as Marlborough House, the court must send him to prison. Section 9 provides for the remanding of offenders aged between 17 and 21 to institutions instead of to prison. I am anxious to extend section 9 to offenders of the age of 16.
Amendment agreed to.
Government amendment No. 2:
Before subsection (2) to insert the following subsection:—
"( ) For the purposes of subsection (1) of this section, the power conferred by section 10 of the Criminal Justice Administration Act, 1914, to commit to prison shall be deemed to be a power to commit in custody for sentence."
The Criminal Justice Act, 1914, provides that when the District Court is satisfied that a young offender, by reason of his criminal habits and a previous criminal history, should be subject to detention in a Borstal Institution, the Court, in lieu of passing a sentence of imprisonment, may commit the offender to prison until the next Circuit Court which shall enquire into the circumstances of the case and decide whether the offender should be sent to Borstal or otherwise. The point here is that the District Court must commit the boy to prison pending the decision of the Circuit Court. Under a further provision of the 1914 Act the Minister for Justice can transfer the boy forthwith from the prison to the Institution.
It would be preferable if the District Court had power to send the boy direct to St. Patricks instead of to prison. Nothing much is involved but I should like to make this change in the Bill if the House is agreeable.
Amendment agreed to.
Section 9, as amended, agreed to.
Sections 10 to 15, inclusive, agreed to.
Title agreed to.
Bill reported with amendments.
Bill received for final consideration and passed.