Superior Court Rules

ORDER 85

CENTRAL CRIMINAL COURT

1. In this Order–

‘the proper officer’ means:

(a) the officer for the time being managing the Central Office or

(b) where any business of the Central Office in respect of the Central Criminal Court is specified in accordance with section 14 of the Courts and Court Officers Act, 2009 as business that shall be transacted in a combined court office established under that section, and while so specified, the combined court office manager appointed under section 19 of that Act for that combined court office, or

(c) the County Registrar of the County, City or other administrative area (other than the County or City of Dublin) in which the Central Criminal Court is, for the time being sitting as and when requested to perform functions of the proper officer under this Order in respect of such sitting by the officer for the time being managing the Central Office;

[SI 582/09]

‘the Registrar’ means:

(a) the officer or each officer directed, pursuant to sub-paragraph (IA) of paragraph 6 of the Eighth Schedule to the Courts (Supplemental Provisions) Act, 1961 as amended, by the officer for the time being managing the Central Office to act as Registrar to the Central Criminal Court as and when so directed,

(b) where any business of the Central Office in respect of the Central Criminal Court is specified in accordance with section 14 of the Courts and Court Officers Act, 2009 as business that shall be transacted in a combined court office established under that section, and while so specified, any member of the staff of the Courts Service employed in that combined court office and directed in accordance with section 22(2) of that Act by a combined court office manager to act as registrar to the Central Criminal Court,

(c) the County Registrar of the County, City or other administrative area (other than the County or City of Dublin) in which the Central Criminal Court is for the time being sitting, as and when requested to do so by the officer for the time being managing the Central Office or, where such County Registrar has delegated to a member of staff of the Circuit Court Office in the County concerned the functions performable by him pursuant to such request, that member of staff, as and for as long as such functions are so delegated.

[SI 582/09; SI 767/04]

2. The proper officer shall give notice of the date fixed for the trial (or re-trial) of an accused person to the Chief Prosecution Solicitor, and to the accused person. If such accused person is represented by a solicitor who has given notice to the proper officer of the fact that he represents the accused person the proper officer shall also give notice of the date of trial (or re-trial) to such solicitor.

[SI 767/04; SI 114/02]

3. The indictment containing the charges to be preferred against the accused person shall be lodged with the proper officer.

[SI 767/04]

4. The accused person or his solicitor shall be entitled on application to obtain a copy of the indictment from the proper officer free of charge.

[SI 767/04]

5. The proper officer shall on application to him supply free of charge to the accused person or his solicitor copies of the depositions relating to the offences with which he is charged as follows:

(a) in case the accused is charged with murder, six copies;

(b) in other cases, four copies;

(c) where two or more persons, who are represented by the same solicitor, are to be tried together, one additional copy for each accused person beyond the first.

[SI 767/04]

6. The Registrar shall have custody of the original depositions of witnesses examined in the District Court and also of all books, papers and documents and all other property, matters and things put in evidence in the District Court, or during the trial of any person by the Central Criminal Court, or on any application made to the Central Criminal Court in reference to any such trial or intended trial, and shall retain the same until directed by the Central Criminal Court to return the same.

[SI 767/04]

7. The officer for the time being managing the Central Office shall keep a register containing particulars of all cases for trial by the Central Criminal Court.

[SI 767/04]

8. Every order of the Central Criminal Court, when drawn up, shall be dated the day of the week, month and year on which the same was made and unless the Central Criminal Court shall otherwise direct, shall take effect accordingly, and shall be issued by the Registrar and may be taken up from the Registrar or from the Central Office.

[SI 767/04]

9. An attested copy of an order of the Central Criminal Court may be taken up from the Registrar or from the Central Office.

[SI 767/04]

10. (1) In this rule, save where the context otherwise requires, ‘the Act’ means the Criminal Procedure Act, 1967 as amended by the Criminal Justice Act, 1999.

(2) The following applications shall be brought by notice of motion (and without any affidavit), bearing the title of the proceedings to which they relate:

(i) An application pursuant to section 4E(1) of the Act to dismiss one or more of the charges against an accused;

(ii) An application pursuant to section 4F(1) of the Act for an order for the taking of evidence by way of sworn deposition or through a live television link pursuant to Part III of the Criminal Evidence Act, 1992 or section 39 of the Criminal Justice Act, 1999 through such a link;

(iii) An application in relation to a certificate concerning a publication or broadcast in contravention of section 4J(1) of the Act.

(3) Where any application pursuant to sub-rule (2) above is brought by an accused, notice of such application shall be given to the Director of Public Prosecutions not less than 14 days before the date on which the application is due to be heard and in a case where there is more than one accused, such notice shall also be given to the other accused.

(4) In the case of an application brought by the Director of Public Prosecutions, notice of the said application shall be served on the accused or all of them, if more than one, not less than 14 days before the date upon which the application is due to be heard.

(5) In any case concerning an application or inquiry relating to a certificate issued pursuant to section 4J(2) of the Act or relating to an order sought under section 4K(3) of the Act, such application shall be on notice to the person, body or party concerned, and the moving party shall give 14 days’ notice of the date of hearing for such application to every other party to the proceedings.

(6) In any case where, on an ex parte application made to it for that purpose, the court is satisfied that the interests of justice so require, it may direct that any application pursuant to Part IA of the Act be made on such shorter period of notice than that provided for in section 4E(2) of the Act or as required pursuant to sub-rule (4) or (5) above.

(7) The court may give directions for the filing of affidavits or oral evidence as it thinks proper in the circumstances or such other directions as to service as appear appropriate.

[SI 295/05]

11. A notice given under section 19(1) of the Criminal Law (Insanity) Act, 2006 in any proceedings which may be determined by the court shall be in the form set out in Form No 1 in Appendix DD. A copy of the notice together with proof of service of the notice shall be lodged with the proper officer.

[SI 597/07]

12. (1) In this rule, ‘the Act’ means the Criminal Justice Act, 2006.

(2) 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 No 2 in Appendix DD, and shall be transmitted forthwith by or on behalf of the Registrar to each of the persons referred to in section 96(6) of the Act.

(3) 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 No 3 in Appendix DD, and shall be transmitted forthwith by or on behalf of the Registrar to each of the persons referred to in section 96(6) of the Act.

(4) Where any notice referred to in section 99(15), section 100(5) or section 100(8) of the Act requires to be given, the notice shall be, respectively, in the Forms Nos 4, 5 and 6 in Appendix DD.

(5) Where the Central Criminal Court makes an order under section 9(2)(c) of the Bail Act, 1997, a copy of the court’s order shall be served on the entity concerned by such person as the court directs.

(6) Where the Central Criminal Court, having appointed a receiver under section 9(2)(d) of the Bail Act, 1997, directs the receiver to account to any person in respect of the receivership, the account shall, subject to any modifications which may be necessary or as the court may direct, be in the Form No 20 in Appendix G and the affidavit verifying the account shall, subject to any modifications which may be necessary, be in the Form No 24 in Appendix G.

[SI 10/09]

13. (1) In this rule:

“administering state” has the meaning assigned to it by section 1(1) of the Transfer of Sentenced Persons Act, 1995;

“designated country” has the meaning assigned to it by section 5 of the Transfer of Execution of Sentences Act, 2005;

the “Minister” means the Minister for Justice and Equality;

“Parole Board” includes any body established under statute or by administrative scheme the functions or purposes of which include the review of the cases of sentenced prisoners and the provision of recommendations or advice in relation to the administration of the sentences of such prisoners.

(2) On the application of the Minister in writing (which may be made by electronic means) for that purpose to the Registrar, the Registrar shall, subject to the payment by the Minister of any costs of producing and copying such transcript, provide to the Minister for the purposes of sub-rule (3) a transcript certified by the transcript writer to be a complete and correct transcript of the record (within the meaning of Order 86, rule 1) of a hearing before the Central Criminal Court for the purposes of the consideration or imposition by that Court of a sentence on a convicted person, and shall provide a copy of such transcript to the convicted person concerned.

(3) A transcript provided in accordance with sub-rule (2) (or a copy thereof) may be provided to and retained and used by:

(a) the Parole Board for the purpose of making any recommendation or giving any advice in relation to a convicted person to whom the transcript relates;

(b) the authorities, who perform functions the same as or similar to those performed by the Parole Board, of an administering state to which the convicted person to whom the transcript relates has been transferred in accordance with the Transfer of Sentenced Persons Acts, 1995 and 1997, for the purposes of the performance of those functions; or

(c) the authorities, who perform functions the same as or similar to those performed by the Parole Board, of a designated country in which the convicted person is serving a sentence or remainder of a sentence in accordance with the Transfer of Execution of Sentences Act, 2005, for the purposes of the performance of those functions.

(4) An application referred to in sub-rule (2):

(a) may be made in respect of several convicted persons;

(b) may be made notwithstanding that no consideration by the Parole Board or by the authorities referred to in sub-rule (3)(b) and (c) of the case of a convicted person concerned is contemplated when the application is made.

[SI 278/14]

14.(1) A disclosure application under section 19A(3) or section 19A(5) of the Criminal Evidence Act 1992 (as inserted by section 39 of the Criminal Law (Sexual Offences) Act 2017), shall be by notice of motion (which need not be grounded upon an affidavit), which notice shall constitute the notification required by section 19A(4) or, as the case may be, section 19A(6) of the said Act.

(2) A copy of the notice of motion which shall give not less than seven days’ notice of the hearing date, shall:

(i) where the disclosure application is made under section 19A(3), be served on the person who has possession or control of the counselling record, the prosecutor (who shall transmit a copy to the complainant) and any other person (other than the complainant) to whom the accused believes the counselling record relates, not later than sixteen weeks prior to the date fixed for trial or such lesser period prior to the date fixed for trial as the Court may fix, or

(ii) where the disclosure application is made under section 19A(5), be served on the person who has possession or control of the relevant record, the complainant, the accused and any other person to whom the prosecutor believes the counselling record relates, not later than fourteen weeks prior to the date fixed for trial or such lesser period prior to the date fixed for trial as the Court may fix.

(3) The notice of motion shall include:

(a) particulars identifying the record sought, and

(b) the reasons grounding the application, including grounds relied on to establish that the record is likely to be relevant to an issue at trial.

(4) Where the disclosure application is by the prosecutor, the notice of motion shall also include a statement that the prosecutor believes that it is in the interests of justice that the record should be disclosed.

(5) The Court may, where it considers it necessary or appropriate, direct or permit the delivery and filing of any affidavit or may hear oral evidence on any motion under this rule.

[SI 381/18]

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