Hepatitis C tribunal prompts law change

The recent tribunal on the hepatitis C blood contamination controversy is to produce a significant change in the criminal law…

The recent tribunal on the hepatitis C blood contamination controversy is to produce a significant change in the criminal law. Justice Minister Mr John O'Donoghue told the House that the centuries-old common law "year-and-a-day" rule was to be abolished. Under the rule, for the purposes of offences involving death, an act was conclusively presumed not to have caused a person's demise if more than a year and a day had elapsed before the individual died, the Minister said when announcing proposed Government amendments to the Criminal Justice (No 2) Bill 1997.

The Bill was to be changed in another important regard - the extension beyond 48 hours of detention for alleged drug trafficking offenders. At present, this could be authorised only by a judge of the Circuit Court, the president of the District Court or a judge of the District Court nominated by the president for the purposes of the 1996 Drug Trafficking Act.

The House would be aware of difficulties recently in relation to the operation of these provisions. The president of the District Court had indicated that he had now nominated all judges of that court for the purposes of the Act.

"But in all the circumstances I think that it would be best to amend the 1996 Act so as to provide that as a matter of law all judges of the District Court will be qualified to deal with applications made to them under its provisions."

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One of the main provisions of the Bill is a new offence of possession of drugs with a value of £10,000 or more with intent to supply. The Bill provides a minimum penalty of 10 years jail.