Committee Reports > List of Committees > Seanad > 1935 > Special Committee on Criminal Law Amendment Bill, 1934 > Report and Proceedings - Criminal Law Amendment Bill, 1934

IMEACHTA AN CHOISTE SPEISIALTA.

PROCEEDINGS OF THE SPECIAL COMMITTEE.

Dé hAoine, 18° Eanair, 1935.

Friday, 18th January, 1935.

1. The Special Committee met at 12 noon.

2. Present: Senators S. L. Brown, K.C. (in the Chair), Sir Edward Coey Bigger, Miss Kathleen Browne, Caitlín Bean Uí Chléirigh, James G. Douglas, Thomas Foran, Patrick Lynch, K.C., Colonel Moore and Siobhán Bean an Phaoraigh.

3. The Committee took the Bill into consideration.

(i) Section 1.

Amendment proposed (Senator Lynch):

Sub-section (1). To delete in line 14 the word “fifteen” and to substitute therefor the word “sixteen.”

Question put, and agreed to

Amendment proposed (Senator Colonel Moore):

Sub-section 1. To delete in lines 15-16 the words “penal servitude for life or for any term not less than three years or to”.

Question put, and negatived.

Amendment proposed (Senator Lynch):

Sub-section (2). To delete in line 19 the word “fifteen” and to substitute therefor the word “sixteen”.

Question put, and agreed to.

Amendment proposed (Senator Douglas):

Sub-section (2), After the word “and” in line 20 to insert the words “if over the age of eighteen years at the time of the commission of the offence”.

Question put, and agreed to.

Amendment proposed (Senator Colonel Moore):

Sub-section (2). To delete all after the word “liable” in line 20 down to and including the word “or” in line 26.

Question put, and negatived.

Amendment proposed (Senator Douglas):

Sub-section (2). To add at the end of the sub-section the words “and if under the age of eighteen years at the time of the commission of the offence shall be liable in the case of a first conviction of such misdemeanour to imprisonment for any term not exceeding two years or in the case of a second or any subsequent conviction of such misdemeanour to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years.”

Question put, and agreed to.

Section 1, as amended, agreed to.

(ii) Section 2.

Amendment proposed (Senator Lynch):

Sub-section (1). To delete in line 29 the word “fifteen” and to substitute therefor the word “sixteen”.

Question put, and agreed to.

Amendment proposed (Senator Caitlín Bean Uí Chléirigh):

Sub-section (1). To delete in line 30 the word “seventeen” and to substitute therefor the word “eighteen”.

Question put, and agreed to.

Amendment proposed (Senator Colonel Moore):

Sub-section (1). To delete all after the word “liable” in line 31 down to and including the word “or” in line 36.

Question put, and negatived.

Amendment proposed (Senator Lynch):

Sub-section (2). To delete in line 39 the word “fifteen” and to substitute therefor the word “sixteen”.

Question put, and agreed to.

Amendment proposed (Senator Caitlín Bean Uí Chléirigh):

Sub-section (2). To delete in line 40 the word “seventeen” and to substitute therefor the word “eighteen”.

Question put, and agreed to.

Amendment proposed (Senator Douglas):

Sub-section (2). After the word “and” in line 41 to insert the words “if over the age of eighteen years at the time of the commission of the offence”.

Question put, and agreed to.

Amendment proposed (Senator Colonel Moore):

Sub-section (2). To delete all after the word “liable” in line 41 down to and including the word “or” in line 45.

Question put, and negatived.

Amendment proposed (Senator Douglas):

Sub-section (2). To add at the end of the sub-section the words “and if under the age of eighteen years at the time of the commission of the offence shall be liable in the case of a first conviction of such misdemeanour to imprisonment for any term not exceeding twelve months or in the case of a second or any subsequent conviction of such misdemeanour to imprisonment for any term not exceeding two years.”

Question put, and agreed to.

Amendment proposed (Senator Colonel Moore):

Sub-section (3). To delete in line 49 the word “twelve” and to substitute therefor the word “six”.

Question put, and negatived.

Section 2, as amended, agreed to.

(iii) Sections 3 to 8, inclusive, agreed to.

(iv) Section 9.

Amendment proposed (Senator Lynch):

To delete in line 59, paragraph (a), the word “fifteen” and to substitute therefor the word “sixteen”.

Question put, and agreed to.

Amendment proposed (Senator Lynch):

To delete in line 1, paragraph (b), the word “seventeen” and to substitute therefor the word “eighteen”.

Question put, and agreed to.

Section 9, as amended, agreed to.

(v) Section 10 agreed to.

(vi) Section 11.

Amendment proposed (Senator Lynch):

To delete in line 12 the word “seventeen” and to substitute therefor the word “eighteen”.

Question, put, and agreed to.

Section 11, as amended, agreed to.

(vii) Section 12.

Amendment proposed (Senator Lynch):

To delete in line 18 the word “fifteen” and to substitute therefore the word “sixteen”.

Question put, and agreed to.

Amendment proposed (Senator Lynch):

To delete in line 24 the word “fifteen” and to substitute therefore the word “sixteen”.

Question put, and agreed to.

Amendment proposed (Senator Lynch):

To delete in line 26 the word “seventeen” and to substitute therefor the word “eighteen”.

Question put, and agreed to.

Section 12, as amended, agreed to.

(viii) Section 13 agreed to.

(ix) Section 14.

Amendment proposed (Senator Caitlín Bean Uí Chléirigh):

To delete in line 6 the word “fifteen” and to substitute therefor the word “eighteen”.

Question put, and agreed to.

Section 14, as amended, agreed to.

(x) Section 15.

Amendment proposed (Senator Douglas):

Sub-section (3). To delete in line 28 the word “fifteen” and to substitute therefor the word “sixteen.”

Question put, and agreed to.

Amendment proposed (Senator Douglas):

Sub-section (3). To add at the end of the sub-section a new paragraph as follows:—

“(c) any offence declared by this Act to be a misdemeanour where the accused person was under the age of eighteen years at the time of the commission of the offence and (inquiry having been made of him by the Justice) does not object to being tried summarily.”

Amendment, by leave, amended by the deletion of the words “and (inquiry having been made of him by the Justice) does not object to being tried summarily.”

Question, as amended, put, and agreed to.

Section 15, as amended, agreed to.

(xi) Section 16.

Amendment proposed (Senator Douglas):

To delete the section and to substitute therefor a new section as follows:—

“16.—(1) Every person who in any street or public place solicits or importunes any person of the opposite sex for an immoral purpose shall be guilty of an offence under this section and shall on summary conviction thereof be liable in the case of a first conviction of such offence to a fine not exceeding two pounds or at the discretion of the Court to imprisonment for a term not exceeding six months or to both such fine and imprisonment, or in the case of a second or any subsequent conviction of such offence to a fine not exceeding five pounds or at the discretion of the Court to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

(2) No person shall be convicted of any offence under this section upon the evidence of one witness unless such witness is corroborated in some material particular by evidence implicating the person charged with such offence.

(3) The Probation of Offenders Act, 1907 shall apply to offences under this section as if the words ‘or to the prospects of the moral reclamation of the person or persons charged’ were inserted in sub-section (1) of section 1 of that Act immediately before the words it is inexpedient to inflict any punishment.’

(4) The word ‘street’ in this section includes any highway, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not and the word ‘place’ includes any public park or garden or any uninclosed ground to which the public have unrestricted access and each of such words includes a motor car, carriage or other vehicle on the street or public place as the case may be.”

Amendment proposed to the proposed amendment (Senator Lynch):

Sub-section (1). After the word “sex” to insert the words “in or adjacent to such street or public place.”

Question put, and agreed to.

Main question, as amended, put, and agreed to.

Section 16, as amended, agreed to.

(xii) Section 17.

Amendment proposed (Senator Bean Uí Chléirigh):

To delete the section.

Question put; the Committee divided: For, 5; Against, 3.

For:—Senators Sir Edward CoeyBigger, Caitlín Bean Uí Chléirigh, James G. Douglas, Thomas Foran and Colonel Moore.

Against:—Senators Miss Browne, Patrick Lynch, K.C., and Siobhán Bean an Phaoraigh.

The Question was declared carried accordingly.

(xiii) Section 10 to 21, inclusive, agreed to.

(xiv) Schedule agreed to.

(xv) Title agreed to.

Bill, as amended, to be reported.

4. The Committee concluded its business at 2.30 p.m.