On this section, now that it has been established that this can extend to sentences passed some time ago where there would not have been a right of appeal, the Minister said in his speech that the Circuit Court or the Court of Criminal Appeal could extend the time rather liberally. Are they in a position to extend the time over a number of years? I ask this for clarification.
Criminal Procedure (Amendment) (No. 2) Bill: Committee and Final Stages.
Question proposed: "That section 1 stand part of the Bill."
I think the rule under which the time may be extended is Order 8.6 Rule 8 of the Rules of the Superior Court. It gives the court power to extend the time and there is no suggestion of any time limit as to when that application may be made or when the court might exercise its power under that order. I think at any stage an accused person can come in and ask for the time to be extended. I would imagine that if the reason for the accused person coming in late was a defect in the law, that fact would weigh heavily with the court.
Question put and agreed to.
Sections 3 and 4, inclusive, agreed to.
Title agreed to.
Bill reported without amendment, received for final consideration and passed.