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MARCH 19.
plaintiff would have automatic right to
take two repeat examinations in the
event of failure - Whether offer made
by plaintiff accepted by college as
agent of defendant
CRIMINAL
Misuse of Drugs Bill 1996
This private member's Bill, as
introduced
by
Deputy
John
O'Donoghue, aims to allow for the
detention of persons suspected of
offences contrary to ss. 15, 17, 19 and
20 of the Misuse of Drugs Act 1977
for a period of up to seven days on the
application of a Garda not below the
rank of Chief Superintendent to a
Circuit Court Judge. The Bill also aims
to alter the law in relation to search
warrants required for the investigation
of certain drug-related offences.
Malicious
Injuries
(Repeal
of
Enactments) Bill 1996
This Bill, as presented by the Minister
for the Environmant, aims to
discontinue the right to compensation
from local authorities for damage
caused maliciously to property. The
scope of the Malicious Injuries Act
1981 was restricted by the Malicious
Injuries (Amendment) Act 1986 to
cases of damage resulting from riotous
assembly and damage in incidents
attributable to the Northern Ireland
situation. The present Bill is expressed
to be a response to the Northern
Ireland peace process and will oblige
property owners and insurers to make
normal commercial arrangements for
safeguarding property.
Criminal Justice (Drug Trafficking)
Bill 1996
This Bill, as presented by the Minister
for Justice, aims to allow for the
detention of persons suspected of drug
trafficking offences for a period of up
to seven days on the application of a
Garda not below the rank of Chief
Superintendent to a Circuit Court
Judge. The Bill further provides for the
issuance of search warrants by certain
Gardai and the attendance at, and
participation in, the questioning of
certain arrested persons by officers of
customs and excise.
Director of Public Prosecutions v.
Michael O Suilleabhain
Supreme
Court (Finlay CJ, O'Flaherty, Egan,
Blayney and Denham JJ) [1995] 2
ILRM 617
Road traffic - Driving while under the
influence of an intoxicant - Arrest -
Opinion of garda that the defendant
had committed an offence - Whether
necessary for the garda to say that he
had formed the opinion at that time
that the accused had committed an
offence under the relevant section -
Charges dismissed in District Court -
Case stated - Road Traffic Act 1961, s.
49
People
(Director
of
Public
Prosecutions) v. Raymond Aylmer
Supreme Court (Walsh, Henchy,
Griffin, Hederman and McCarthy JJ)
[1995] 2 ILRM 624
Constitution - Separation of powers -
Sentence of ten years' imprisonment
imposed - Direction that accused
should be brought back to court after
specified period to consider whether
balance of sentence should be
suspended - Balance of sentence
conditionally
suspended
but
reactivated following breach of
conditions - Whether direction
amounted to an interference with the
executive
power
to
commute
sentences - Whether trial judge
attempted to arrogate functions of the
Central Criminal Court - Whether a
presiding judge of the court had
jurisdiction to interfere with sentence
- Whether accused estopped from
challenging the validity of the
sentence imposed - Constitution of
Ireland 1937, Article 13.6 - Criminal
Justice Act 1951, s. 23
Michael King v. District Judge John
Neilan and Director
of Public
Prosecutions
Supreme
Court
(Hamilton CJ, Egan and Blayney JJ)
[1996] 1 ILRM 17
Constitution - Judicial Review -
Preliminary examination - Jurisdiction
refused by District Court - Preliminary
examination waived by accused and
plea of not guilty in respect of charge
- Adjournment sought by prosecution
for attendance of witnesses and
deposition evidence purposes -
Additional charges preferred against
accused relating to original charge -
Whether new additional charged
could be brought -
Whether
application
for adjournment a
colourable
device
-
Criminal
2
Procedure Act 1967, ss. 5, 7, 8, 12, 18
Director of Public Prosecutions (at
the suit of Garda John Whelan) v.
Brian Delaney and Ors
High Court
(Lavan J) [1996] 1 ILRM
70
Case stated - Prosecution before the
District Court - Determination by
district judge that charges not minor
offences fit to be tried summarily -
Refusal of DPP to give explaination as
to why offences not prosecuted on
indictment - Power of district judge to
refer question of law to the High Court
- Procedure limited to any proceedings
'other than proceedings relating to an
indictable offence which is not being
dealt with summarily by the court' -
Whether procedure available in case
which a district judge had decided to
send forward for trial on indictment -
Whether questions moot - Courts
(Supplemental Provisions) Act 1961,
s.52
EMPLOYMENT
Protection
of
Young
Persons
(Employment) Bill 1996
This Bill, as presented by the Minister
for Enterprise and Employment, aims
to provide for the implementation of
Directive 94/33/EC (of 22 June 1994)
on the protection of young people at
work.
The
Bill
prohibits
the
employment of persons below the age
of 16 subject to certain exceptions. If
enacted, it will repeal the Protection
of Young Persons (Employment) Act
1977 and certain sections of the
Conditions of Employment Act 1936.
ENVIRONMENT
Dumping at Sea Bill 1996
This Bill has been passed by Dáil
Éireann. (Cf. (1996) 14 ILT 25.)
Environmental Protection Agency Act
1992 (Commencement) Order 1996
(SI No. 13 of 1996)
This Order brings ss. 100 and 101 of
the Environmental Protection Agency
Act 1992 into operation with effect
from 22 January 1996. These sections
permit powers under the Local
Government (Water Pollution) Act
1977 and the Air Pollution Act 1987
to be conferred on the Environmental
Protection Agency.