O'Donnell, PatrickWednesday, 30 April 1969 |
Dáil Eireann Debate
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Criminal Justice Bill, 1967: Committee Stage (Resumed).
There is one point I should like to bring to the Minister's notice in regard to this subsection. The Minister, as a lawyer, has considerable experience, particularly from the defence angle, as a crim...
It is the law that a customs offence is a criminal offence and in such an offence a person charged has the right to go before a judge and jury, as any practitioner in the Border counties knows, and it...
I can be arrested until I have proved that I did not.
The fact that it was brought in is a criminal offence.
The fact that I am found in possession of it is a criminal offence unless I can prove to the contrary, that it was legitimately brought in earlier, with customs duty paid on it.
The subsection gives power of arrest to a garda and it is with this subsection that I am concerned.
The reason is written on the tyre—“Made in Great Britain”.
It is illegal to have the tyre in your possession and the onus is on you to prove that you got it lawfully and that you paid the duty or that somebody else paid the duty or that there was a duty-free ...
Under this Bill they would be.
No.
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