Circuit Court Rules

ORDER 68A

CRIMINAL JUSTICE ACT, 2006
CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT, 2008

[SI 82/10]

1. In this Order:

‘the Act’ means the Criminal Justice Act, 2006 (No 26 of 2006);

‘the Act of 2008’ means the Criminal Justice (Mutual Assistance) Act, 2008 (No 7 of 2008).

[SI 82/10]

2. (1) Where the conviction of a person gives rise to a requirement to issue a certificate referred to in section 96(1) of the Act, such certificate shall be in the Form 47A, and shall be transmitted forthwith by or on behalf of the County Registrar to each of the persons referred to in section 96(6) of the Act.

(2) Where the sentencing of a person gives rise to a requirement to issue a certificate referred to in section 96(2) of the Act, such certificate shall be in the Form 47B, and shall be transmitted forthwith by or on behalf of the County Registrar to each of the persons referred to in section 96(6) of the Act.

(3) Where the making of an order under section 89(3) of the Act or section 95(3) of the Act gives rise to a requirement to issue a certificate referred to in section 96(3) of the Act, such certificate shall be in the Form 47C, and shall be transmitted forthwith by or on behalf of the County Registrar to each of the persons referred to in section 96(6).

(4) The notices referred to in sections 99(15), 100(5) and 100(8) of the Act shall be, respectively, in the Forms 47D, 47E and 47F.

[SI 169/07]

3. (1) Save where otherwise directed or permitted by the court, an application to the court to issue a letter of request under section 62(1), section 67(2), section 73(1) or section 77(1) of the Act of 2008 shall—

(a) where the application concerns proceedings already instituted against a person, be made

(b) by motion on notice, returnable to a date not less than four weeks prior to the commencement

(c) of the sittings at which it is intended that the trial shall be heard, and the notice of motion shall

(d) be filed in the office and a copy served on the Director of Public Prosecutions or the person

(e) charged, as the case may be, not later than 21 days before the commencement of such Sittings;

(2) Where paragraph (b) of sub-rule (1) applies, the originating notice of motion shall be entitled:

‘The Circuit Criminal Court In the Matter of section 62(1) [or section 67(2), section 73(1) or section 77(1), as the case may be] of the Criminal Justice (Mutual Assistance) Act, 2008 and in the Matter of [insert description of investigation] On the Application of [A.B.]’.

(3) The court may, before making an order on such an application, require the applicant to produce or file in the office for consideration by the court a completed draft of the form of letter of request containing the information required by the Act of 2008 to be included in such letter.

(4) Where an order is made under this rule, the order may include such further provisions as the court considers necessary or appropriate to facilitate the taking of any evidence concerned.

[SI 82/10]

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