Superior Court Rules

ORDER 86C

APPEALS AND OTHER APPLICATIONS TO THE COURT OF APPEAL IN CRIMINAL PROCEEDINGS

I. APPLICATION OF THIS ORDER AND INTERPRETATION

Application of this Order

1. This Order applies only to appeals in criminal proceedings.

Interpretation

2. (1) In this Order:

the “1967 Act” means the Criminal Procedure Act, 1967;

the “2006 Act” means the Criminal Justice Act, 2006;

the “2010 Act” means the Criminal Procedure Act, 2010;

“Judge of the court of trial”, in any appeal in criminal proceedings, means the Judge of any Court from the conviction before or the sentence of which, a person appeals to the Court of Appeal;

“proper officer of the court of trial”, in any appeal in criminal proceedings, means the Registrar of the court or other person for the time being acting as such in any court from the conviction before or the sentence of which a person appeals to the Court of Appeal.

(2) References in this Part to any record, transcript, exhibit, document or report in connection with a trial includes, in the case of an application pursuant to section 9(3) of the 2010 Act, references to any such record, transcript, exhibit, document or report in connection with the trial which resulted in the conviction relied upon for the purposes of section 9(1)(b) of the 2010 Act in that application.

(3) References in this Part to the Director of Public Prosecutions include, where appropriate, references to the Attorney General.

(4) For the purposes of service, a solicitor retained to appear on behalf of a convicted person at his trial is, in the case of any application or appeal by the prosecutor, deemed to continue to be retained on behalf of the convicted person unless that solicitor has been discharged by the Court of Appeal.

II. COMMENCEMENT OF APPEALS AND APPLICATIONS BY CONVICTED OR ACCUSED PERSON

Notice of appeal or application by convicted or accused person

3. (1) A convicted person who wishes to appeal to the Court of Appeal in criminal proceedings shall lodge with the Registrar a notice of appeal in the Form No 9. The completed notice lodged shall answer the questions and comply with the requirements of that form. An appeal against a conviction may be argued only on grounds which have been set out in the notice, save where the Court of Appeal, on application made to it not less than 14 days before the date fixed for the hearing of the appeal, directs the addition of grounds of appeal.

(2) A convicted person who wishes to apply to the Court of Appeal under section 2 of the Criminal Procedure Act, 1993 shall lodge with the Registrar a notice of application in the Form No 10, supported by a statement in the Form No 11 of the grounds of the application, which shall be verified on affidavit. An application under section 2 of the Criminal Procedure Act, 1993 may be argued only on grounds which have been set out in the statement of grounds, save where the Court of Appeal, on application made to it not less than 14 days before the date fixed for the hearing of the application, directs the addition of further grounds.

(3) Every notice of appeal or application under sub-rule (1) or (2) shall be signed by the appellant himself except in the cases mentioned in sub-rules (4), (5), (6) and (7). Any other notice shall be in writing and shall be signed by the person giving the same or his solicitor.

(4) An accused person who wishes to appeal to the Court of Appeal:

(a) under section 7(3) of the Criminal Law (Insanity) Act, 2006 against a determination by the Central Criminal Court, the Circuit Court or the Special Criminal Court that he or she is unfit to be tried, or

(b) under section 8(6) of the Criminal Law (Insanity) Act, 2006 against a finding of not guilty by reason of insanity by the Central Criminal Court, the Circuit Court or the Special Criminal Court, or

(c) under section 9(1) of the Criminal Law (Insanity) Act, 2006 against a decision by the Court of trial to make or not to make an order of committal under section 4(3)(b), 4(5)(c), 4(6)(a), 5(2) or 5(3) of the Criminal Law (Insanity) Act, 2006,

may appeal by lodging with the Registrar a notice of appeal in the Form No 12. The completed notice lodged shall comply with the requirements of that form.

(5) Where an appellant, applicant or any other person authorised or required to give or send any notice is unable to write, he may affix his mark to the notice in the presence of a witness who shall attest that the appellant has marked the document and a notice which includes such an attestation is deemed to be duly signed.

(6) Where it is alleged that an appellant or applicant is insane at the time when any notice is required or authorised to be given by him, the notice may be given and signed by a solicitor or other person on his behalf.

(7) In the case of a body corporate, where a notice or other document is required to be signed by the appellant in person, the notice or other document may be signed by a director, secretary or manager of the body corporate or the solicitor acting for the body corporate.

(8) In every case in which an appellant or applicant is not in prison or is represented by a solicitor, his notice of appeal or notice of application for leave to appeal shall be served on the Registrar personally or by delivering the same to the proper officer at the Office of the Registrar of the Court of Appeal for criminal business at the Criminal Courts of Justice, Parkgate Street, Dublin.

Time limits for lodging notice of appeal

4. (1) Subject to sub-rule (2) and save where otherwise provided by statute, every notice of appeal under rule 3 against a determination of a trial court shall be lodged within 28 days from the date of the determination appealed against.

(2) sub-rule (1) does not apply to an application under section 2 of the Criminal Procedure Act, 1993.

Enlargement of time for appealing

5. (1) An application to the Court of Appeal for an enlargement of time within which notice of appeal may be served shall be in the Form No 13.

(2) The form of application shall, in addition to specifying the grounds of the application for an enlargement of time, also specify the grounds on which the applicant proposes to base his appeal.

(3) The Registrar may direct the lodgment by the intending appellant of an affidavit verifying the grounds of the application for an enlargement of time.

III. COMMENCEMENT OF APPEALS AND APPLICATIONS BY DIRECTOR OF PUBLIC PROSECUTIONS

Appeals and applications by the Director of Public Prosecutions

6. (1) An application by the Director of Public Prosecutions to the Court of Appeal under section 2 of the Criminal Justice Act, 1993 shall be commenced by originating notice of application in the Form No 14 entitled in the matter of an application pursuant to section 2 of the Criminal Justice Act, 1993, as between the Director as applicant and the person convicted as respondent. The original notice shall be lodged with the Registrar and a copy of the notice shall be served on the respondent within the period referred to in section 2(2) of the Criminal Justice Act 1993. The notice shall set out the grounds on which it is alleged that that the sentence imposed by the sentencing court was unduly lenient.

(2) An appeal by the Director of Public Prosecutions to the Court of Appeal under section 4E(7) of the 1967 Act (inserted by section 9 of the Criminal Justice Act, 1999) against the dismissal of a charge by the trial court under section 4E(4) of the 1967 Act, shall be commenced by notice of appeal in the Form No 15 entitled in the matter of an appeal pursuant to section 4E(7) of the 1967 Act, as between the Director as appellant and the person accused as respondent. The notice shall set out the grounds of appeal. The original notice shall be lodged with the Registrar and a copy of the notice shall be served on the respondent within the period referred to in section 4E(7) of the 1967 Act.

(3) Every notice of appeal under section 24 of the 2006 Act shall be lodged with the Registrar and a copy delivered to the person acquitted or his solicitor within the period referred to in section 24(2) of the 2006 Act and shall be in the Form No 16.

(4) An application by the Director of Public Prosecutions to the Court of Appeal under section 8(3) or section 9(3) of the 2010 Act shall be commenced by originating notice of application in the Form No 17 or Form No 18, as the case may be, entitled in the matter of an application pursuant to section 8(3) or, as the case may be, section 9(3) of the 2010 Act, as between the Director as applicant and the person who has been acquitted as respondent. The original notice shall be lodged with the Registrar and a copy of the notice shall be served on the respondent within seven days after the original notice is lodged. The notice shall set out in summary:

(a) in the case of an application under section 8(3) of the 2010 Act, the relevant offence concerned and the grounds on which it is alleged

(i) that there is new and compelling evidence against the respondent in relation to the relevant offence concerned, and

(ii) that it is in the public interest that a re-trial order be made, or

(b) in the case of an application under section 9(3) of the 2010 Act, particulars of the conviction relied upon for the purposes of section 9(1)(b) of the 2010 Act and the grounds on which it is alleged

(i) that there is compelling evidence against the respondent in relation to the offence to which the application for a re-trial relates, and

(ii) that it is in the public interest that a re-trial order be made.

(5) Where a question of law is referred to the Court of Appeal for determination in accordance with section 34 of the 1967 Act, the Director of Public Prosecutions shall serve a notice in the Form No 19, together with a copy of the statement of the question of law concerned, on the acquitted person concerned and shall lodge a copy of that notice, together with the original statement referred to in section 34(2) of the 1967 Act, duly signed, in the Office within seven days of the service of the notice.

(6) Where the acquitted person concerned intends to be heard on the reference, he or his legal representative shall give notice in writing of that intention to the Registrar not later than 14 days after service on him of the notice mentioned in sub-rule (5), and give a copy of such notice to the Director of Public Prosecutions within the same period.

(7) The Director of Public Prosecutions shall produce to the Court of Appeal or the Registrar on request, proof of service of the notice of appeal or notice of application on each person served.

IV. NOTIFICATION OF APPEALS AND APPLICATIONS

Persons to whom notice of appeal or application shall be given by Registrar

7. (1) When the Registrar receives a notice of appeal by a person convicted or notice of an application under section 2 of the Criminal Procedure Act, 1993, he shall give notice in the Form No 20 to the following persons:

(a) the Chief Prosecution Solicitor;

(b) the proper officer of the court of trial;

(c) the proper officer of An Garda Síochana responsible for criminal records (Garda Criminal Records Office);

and also, if the appellant is in prison, or has been released on bail—

(a) the Governor of the relevant prison (unless the appellant’s notice of appeal has been forwarded to the Registrar by a Governor), and

(b) the proper officer of the Department of Justice and Equality (Irish Prison Service).

(2) When the Registrar receives a notice of appeal or notice of application by the Director of Public Prosecutions, he shall give notice to such court officers and other persons as he considers necessary in the circumstances.

V. DIRECTIONS

8. (1) Without prejudice to the powers of the Court of Appeal under Order 86, rule 3,

(a) the Court of Appeal may, on the application of any person entitled to be heard on a reference under section 34 of the 1967 Act, on notice to every other person so entitled to be heard, make such orders and give such directions as to the conduct of the reference as seem appropriate;

(b) an order assigning counsel under section 34(4) of the 1967 Act may be made on an application mentioned in paragraph (a), or otherwise at any time of the Court of Appeal’s own motion;

(c) the Court of Appeal may, in proceedings on an application under section 2 of the Criminal Procedure Act, 1993 or on an application under section 2 of the Criminal Justice Act, 1993, on the application made by a party on notice to every other person entitled to be heard, or of its own motion, make such orders, and give such directions as to the conduct of the proceedings, as seem appropriate;

(d) the Court of Appeal may, in proceedings on an application for an order under section 8 or 9 of the 2010 Act, on the application made by a party on notice to every other person entitled to be heard, or of its own motion, make such orders, including any order mentioned in section 12 of the 2010 Act, and give such directions as to the conduct of the proceedings, as seem appropriate.

(2) If it appears to the Registrar that any notice of appeal does not show any substantial ground of appeal, the Registrar may list the case before the Court of Appeal for directions without obtaining a verified transcript of the record of the proceedings at the trial in accordance with rule 9.

VI. TRANSCRIPT AND OTHER MATERIALS FOR USE ON HEARING OF APPEAL OR APPLICATION

Provision of Record and Transcript to and by Registrar

9. (1) The Registrar shall arrange the production of a verified transcript of the proceedings at the trial concerned in accordance with Order 87.

(2) A copy of the verified transcript shall be supplied by the Registrar free of charge:

(a) to a party who has been granted a legal aid (appeal) certificate, and

(b) to any other party by order of the Court of Appeal.

(3) Any other party in an appeal or application may obtain from the Registrar a copy of the whole or of any part of the verified transcript as relates to the appeal or application, on payment of the proper charges.

(4) In any case in which the Court of Appeal imposes a sentence in accordance with section 3(1)(d) or section 3(2) of the Criminal Procedure Act, 1993, the provisions of Order 85, rule 13 shall apply as if the reference in that rule to the Central Criminal Court were a reference to the Court of Appeal and the Registrar shall respond to any application for a transcript of the hearing concerned in accordance with that rule.

Lodgment of appeal books

10. (1) The moving party in any appeal, application or reference shall without delay lodge in the Office the requisite number of books each containing copies of all documents required for the hearing of the appeal, application or reference with a sufficient index, and books of authorities, unless the Court of Appeal otherwise requires.

(2) The Registrar may direct the moving party to lodge the requisite number of copies of any additional documents which the Registrar considers will be required for the hearing of the appeal, application or reference with a sufficient index.

Exhibits and documents relating to trial

11. The Court of Appeal may, at any stage of an appeal or application, on the application of a party to the proceedings, order the production to the Court of Appeal or to the Registrar (who may permit inspection of same by a party to the proceedings) of any document, exhibit, or other thing connected with the proceedings by any person having the custody or control of the document, exhibit, or other thing concerned.

Report of trial Judge

12. (1) Where the Court of Appeal considers it necessary, it may direct the Registrar to apply to the trial Judge for a report to the Court of Appeal on the trial or any part of the trial.

(2) The report of the Judge is to be made to the Court of Appeal.

VII. BAIL

13. (1) Subject to any provision of statute, the provisions of this rule apply to applications to the Court of Appeal for bail.

(2) A person who wishes to be admitted to bail, pending the determination of his appeal or application, shall apply to the Court of Appeal by way of notice of motion grounded on an affidavit. The affidavit of the applicant shall set out fully the basis upon which the application is made to the Court of Appeal and shall:

(a) set out and verify the grounds on which bail is sought;

(b) include the terms of any bail granted pending the person’s trial, and

(c) the terms and conditions of bail proposed.

(3) Subject to any order of the Court of Appeal, a copy of the notice of motion and the grounding affidavit (and any exhibits) shall be served on the Chief Prosecution Solicitor not later than seven days before the return date assigned to the motion.

(4) Unless otherwise ordered by the Court of Appeal, the recognisances of the appellant and any surety may be taken before a person who would be authorised under section 22(3)(b) to (e) of the Criminal Procedure Act, 1967 to take a recognisance.

(5) The recognisances shall be in the Form No 21. The District Court clerk assigned to the District Court area in which the recognisance of a surety shall be taken shall give to such surety a certificate in the Form No 22 which the surety shall sign and retain.

(6) The District Court clerk assigned to any District Court area in which any such recognisance shall be taken as aforesaid shall, in the Form No 23, forthwith notify the Governor of the said prison of the perfection thereof.

(7) Where the Court of Appeal admits a person who is in custody to bail the person shall not be released until there has been paid into court such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court of Appeal has determined.

(8) Where the Court of Appeal decides to admit a person to bail with one or more sureties it may direct that a sum of money equivalent to the amount of bail (additionally to any amount specified in respect of the appellant’s own recognisance in accordance with sub-rule (2)) be accepted in lieu of such surety or sureties. Where any moneys are required to be paid into court under a recognisance by a person in custody, or by any surety or sureties as a condition of that recognisance, or any security accepted in the court in lieu of such payment is required to be lodged in court, such moneys or security shall be deemed to be paid into court or lodged in court when paid to or lodged with the person mentioned in sub-rule (4) before whom the appellant’s recognisance is taken or, as the case may be, the District Court clerk assigned to the District Court area in which a surety’s recognisance is taken.

(9) On payment to or lodgment with the said person of the required sums or security and on perfection of the recognisance, the appellant shall be released if he or she is in custody for no other cause than the offence in respect of which bail is granted.

(10) The said person before whom the appellant’s recognisance is taken shall forthwith transmit the perfected recognisances to the Registrar.

(11) Subject to the terms of any order of the Court of Appeal admitting an appellant to bail, an appellant who has been admitted to bail shall be personally present at each and every hearing of his appeal, and at the final determination of his appeal. Such an appellant shall, whenever his case is called on before the Court of Appeal, surrender himself to such persons as the Court of Appeal from time to time directs, and may be searched by them, and is deemed to be in the lawful custody of those persons until further released on bail or otherwise dealt with as the Court of Appeal directs. The Court of Appeal may, in the event of such an appellant not being present at any hearing of his appeal, dismiss the appeal and issue a warrant for the apprehension of the appellant, in the Form No 24; provided that the Court of Appeal may consider the appeal in his absence, or make such other order as it thinks fit.

(12) The Court of Appeal may revoke or vary any bail order or enlarge the recognisance of the appellant or of his sureties or substitute any other surety for a surety previously bound.

(13) Where the surety on whose recognisance an appellant has been released on bail, suspects that the appellant is about to fail in any manner to observe the conditions of his recognisance, the surety may lay an information on oath and in writing before a Judge of the District Court assigned to the District Court district in which the appellant is, or is by the surety believed to be, or in which the surety is, in the Form No 25, and the Judge of the District Court, if satisfied by the information, may issue a warrant in the Form No 26 for the apprehension of the appellant.

(14) The appellant shall, on being apprehended, be brought before the District Court specified in the warrant mentioned in sub-rule (13). The Judge, on verification of the information by oath of the informant, by warrant of committal in the Form No 27, may commit the appellant to the prison to which persons charged with indictable offences before that District Court are ordinarily committed.

(15) The Clerk of the District Court, on the committal of any appellant in accordance with sub-rule (14), shall forthwith notify the Registrar to that effect, and forward to him the information taken before the District Court and a copy of the warrant of committal.

(16) When an appellant has been released on bail and has been apprehended under this rule and is in prison, the Governor of the prison shall forthwith notify the Registrar, who shall inform the Court of Appeal, and the Court of Appeal may give such directions as to the appeal or otherwise as it thinks fit.

(17) At any time after an appellant has been released on bail the Court of Appeal may revoke the order admitting him to bail, and may issue a warrant in the Form No 24 for his apprehension and order him to be committed to prison.

(18) Nothing in this rule affects the right of a surety to apprehend and surrender into custody the person for whose appearance he has become bound, and by such surrender to discharge himself of his suretyship.

(19) On breach of the recognisance of an appellant, the Court of Appeal may order his own recognisance to be estreated and may also, on notice to his surety, order the recognisance of the surety to be estreated. The warrant of estreatment may be in the Form No 28.

(20) The provisions of sub-rules (4), (5) and (6) of Order 84, rule 15 shall apply, with the necessary modifications, to applications under this rule to the Court of Appeal for bail.

[SI 470/15]

VIII. LISTING AND HEARING OF APPEALS

Notification of parties

14. When a date for the hearing of an appeal or application is fixed, the Registrar shall give notice of that date to the appellant or applicant and his solicitor (if any) and to the Chief Prosecution Solicitor.

IX. ABANDONMENT OF APPEAL

Abandonment of appeal

15. (1) An appellant or applicant who is not on bail may, at any time after he has duly served notice of appeal or of application for enlargement of time, abandon his appeal or application by giving notice of abandonment to the Registrar and to the respondent in the Form No 29 not later than ten days before the date fixed for the hearing of the appeal or application.

(2) When the Registrar receives a notice of abandonment under sub-rule (1), he may, at the request of the Chief Prosecution Solicitor, list the matter before the Court of Appeal on notice to the appellant and the Chief Prosecution Solicitor for the purpose of the making of any consequential order.

(3) An appellant who is on bail, or who wishes to abandon his appeal or application later than ten days before the date fixed for the hearing of the appeal or application shall apply to the Court of Appeal by motion on notice to the Chief Prosecution Solicitor for leave to abandon the appeal or application and for such consequential orders as are required and the Court of Appeal may allow or refuse the application and if it allows the application, may make any necessary consequential orders.

(4) Where an appeal or application is abandoned or determined in accordance with this rule, the Registrar shall give notice of the abandonment or determination of the proceedings to all persons to whom he has given notice of the receipt by him of the notice of appeal or other application.

X. ADDITIONAL EVIDENCE

Application for leave to introduce additional evidence

16. (1) An application for leave to introduce additional evidence at the hearing of an appeal shall be made by motion on notice to the other party to the appeal, grounded on an affidavit sworn by or on behalf of the moving party setting out and verifying the grounds on which leave is sought. There shall be lodged with the motion and grounding affidavit an affidavit of the proposed witness, setting out the evidence which he proposes to give and the reason why he did not give such evidence at the trial, unless the Court of Appeal dispenses with the requirement for such an affidavit.

(2) Where an order is made for the attendance and examination of a witness, an order in the Form No 30 shall be served on the witness specifying the time and place at which he is to attend.

(3) Where the Court of Appeal orders the examination of any witness to be conducted otherwise than before the Court of Appeal, the order shall specify the person appointed as examiner to take, and the place of taking, the examination, and the witness or witnesses to be examined.

(4) The Registrar shall furnish to the person appointed to take an examination any documents or exhibits and any other material relating to the appeal as and when requested so to do. Such documents and exhibits and other material shall after the examination has been concluded be returned by the examiner, together with a record of the evidence taken by him to the Registrar.

(5) When the examiner has appointed the day and time for the examination he shall request the Registrar to give notice of that day and time to the appellant and his legal representative (if any), to the Chief Prosecution Solicitor, and when the appellant is in prison, to the Governor of that prison. The Registrar shall cause to be served on every witness to be so examined notice in the Form No 31.

(6) Every witness examined before an examiner shall give his evidence on oath to be administered by the examiner except where any witness, if giving evidence as a witness on a trial on indictment, need not be sworn.

(7) The examination of every witness examined before an examiner shall be taken in the form of a deposition in the manner for the taking of evidence under section 4F(3) of the 1967 Act. The caption in the Form No 32 shall be attached to any such deposition.

(8) The expenses of any witness attending on the order of the Court of Appeal, and all expenses of and incidental to any examination of witnesses conducted by any person appointed by the Court of Appeal, if and so far as ordered by the Court of Appeal, may be defrayed up to an amount allowed by the Court of Appeal as part of the costs of the State in or relating to the appeal.

(9) The appellant and the Director of Public Prosecutions, or counsel or solicitor on their behalf, are entitled to be present at and take part in any examination of any witness to which this rule relates.

XI. SERVICE OF CERTAIN ORDERS

Personal service of orders

17. Service of any order made under rule 11 or rule 16 shall be personal, unless the Court of Appeal otherwise orders, and for the purpose of effecting due service of such an order, the Registrar may require the assistance of the Garda Síochana, who shall carry out any directions of the Registrar under this rule.

XII. HEARING OF APPEALS AND OTHER APPLICATIONS

Appellant in custody

18. (1) Subject to any provision of statute and to any prior order of the Court of Appeal made in accordance with section 33 of the Prisons Act, 2007, an appellant or applicant who is in custody may, if he so desires, be present in person at the hearing of his appeal or application and, where the Court of Appeal, on application made in writing to the Registrar so permits, at the hearing of all interlocutory applications in relation to his appeal or application.

(2) The provisions of sub-rule (1) apply with the necessary modifications to the right of an applicant for enlargement of time to be present at the hearing of such application.

Person with benefit of restitution order or compensation order entitled to be heard

19. Where a restitution order or compensation order has been made by the court of trial, the person in whose favour such order was made, the appellant, and with the leave of the Court of Appeal any other person, may be heard before any order is made by the Court of Appeal annulling or varying the restitution order or compensation order.

Notice of order determining appeal

20. (1) When the Court of Appeal makes an order finally determining an appeal or application by a person convicted, the Registrar shall give notice of the order in the Form No 33 to the following persons:

(a) the appellant (unless the appellant has been present or has been leg- ally represented at the hearing);

(b) the proper officer of the court of trial;

(c) the proper officer of An Garda Síochana responsible for criminal records (Garda Criminal Records Office);

(d) any other person required by statute to be notified;

and also, if the appellant is in prison, or has been released on bail—

(a) the Governor of the relevant prison (unless the appellant’s notice of appeal has been forwarded to the Registrar by a Governor), and

(b) the proper officer of the Department of Justice and Equality (Irish Prison Service).

(2) When the Court of Appeal makes an order finally determining an appeal or application by the Director of Public Prosecutions, the Registrar shall give notice to such persons as he has notified of the appeal or application in accordance with rule 7(2).

(3) The proper officer of the court of trial, on receiving a notice under sub-rule (1) or (2), shall enter the particulars of the Court of Appeal’s order on the records of the court of trial.

Issue of certain certificates following determination of appeal

21. (1) Where a certificate referred to in section 96(4) of the 2006 Act requires to be issued on the determination of an appeal, the certificate shall be in the Form No 34, 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 2006 Act.

(2) Where a certificate referred to in section 14 of the Sex Offenders Act, 2001 requires to be issued on the determination of an appeal, the certificate shall be in the Form No 35 and shall be transmitted forthwith by or on behalf of the Registrar to each of the persons referred to in section 14(5) of that Act.

XIII. MISCELLANEOUS

Notice of motion to the Court of Appeal

22. Except where otherwise provided by this Part, every application to the Court of Appeal in proceedings begun in the Court of Appeal shall be by notice of motion in accordance with the Form No 36 and shall be lodged with the Registrar and served on the other party to the proceedings and such other person, if any, as the Court of Appeal directs.

Provision of forms

23. The Registrar shall publish the necessary forms and instructions in relation to notices of appeal or notices of application so that they are available to any person who requires them. The Governor of a prison shall make those forms and instructions available to prisoners desiring to make any application, and shall lodge any such notice given by a prisoner in his custody with the Registrar.

Inquiries by Garda Síochana

24. The Garda Síochana of the district in which an appellant or applicant resided before his conviction or of the district from which the appellant or applicant was committed shall, when required by the Registrar, enquire as to and report to the Registrar on the means and circumstances of any appellant or applicant where such a question arises.

Enforcement of duties by order of the Court of Appeal

25. The performance of any duty imposed on any person by this Part may be enforced by order of the Court of Appeal.

Warrant for apprehension of appellant

26. Any warrant for the apprehension of an appellant issued by the Court of Appeal may be treated for all purposes, in the same manner as a warrant issued by a Judge of the District Court for the apprehension of a person charged with any indictable offence under the provisions of the Petty Sessions (Ireland) Act, 1851, or any statute amending that Act.

[SI 485/14]

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