Dáil Éireann Debate, Thursday - 21 October 2004
175 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the section of the Criminal Justice Act 1994 which permits additional evidence to be adduced, which was not available at the original hearing of an action and which would be favourable to a defendant in the course of defence of criminal proceedings; and if he will make a statement on the matter. [25896/04]
View answerI assume the Deputy is referring to the Criminal Procedure Act 1993, one of the purposes of which was to provide a means whereby a person who has exhausted the normal appeal procedure can appeal again to the Court of Criminal Appeal. I refer the Deputy in particular to section 2 of that Act which sets out the circumstances under which a person can appeal to the Court of Criminal Appeal for an order quashing a conviction or reviewing a sentence. In general, the person must allege that a new or newly discovered fact shows that there has been a miscarriage of justice.
