Superior Court Rules

ORDER 86D

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

I. APPLICATION OF THIS ORDER AND INTERPRETATION

Application of this Order

1. This Order applies only to proceedings in the Court of Appeal by way of appeal or reference from a military tribunal (including any court-martial or military judge).

Interpretation

2. In this Order:

“the Act of 1954” means the Defence Act, 1954;

“the Act of 1983” means the Courts-Martial Appeals Act, 1983;

“the Act of 2006” means the Defence (Amendment) Act, 2006;

“Court-Martial Administrator” means the Court-Martial Administrator appointed under Chapter IVA of Part V of the Act of 1954;

“detention barrack” means a building or part of a building which has been declared under section 232 of the Act of 1954 to be a detention barrack;

“Director” means the Director of Military Prosecutions appointed under Chapter IVB of Part V of the Act of 1954;

“exhibit” means any document or thing which has been produced and used in evidence at the trial court-martial, whether it is attached to the proceedings of the court-martial or not;

“legal aid (court-martial appeal) certificate” means a certificate for free legal aid referred to in section 28 of the Act of 1983;

“military judge” has the same meaning as in section 2 of the Act of 1954;

“military proceedings” means proceedings by way of appeal or reference from a military tribunal (including any court-martial or military judge);

“prison” includes a military prison;

“promulgation” means promulgation in accordance with rules for the time being in force made by the Minister for Defence in exercise of the powers conferred on him by section 240 of the Act of 1954;

“prosecutor” means the Director, and includes any prosecuting officer appointed under section 184F(1) of the Act of 1954 and any counsel or solicitor instructed by or representing either;

“trial court-martial” means a court-martial from the conviction, sentence, finding or order of which a person appeals to the Court of Appeal, or from which a question of law is referred to the Court of Appeal.

II. NOTICE OF APPEAL

Notice of appeal

3. (1) A person desiring to appeal to the Court of Appeal in military proceedings shall lodge with the Registrar a notice of appeal in the Form No 37. The notice so served shall answer the question and comply with the requirements set forth on such form.

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

(3) Where an appellant or any other person authorised or required to give or send any notice is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by him.

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

(5) In every case in which an appellant is not in a prison or detention barrack or is represented by a solicitor, his notice of appeal shall be served on the Registrar personally or by delivering same to the proper officer at the Office of the Registrar of the Court of Appeal, Criminal Courts of Justice, Parkgate Street, Dublin, or by sending the same by ordinary pre-paid post addressed to the Registrar. In all other cases not specifically provided for, service of any notice or other document may be effected personally or by sending the same by ordinary pre-paid post addressed to the person on whom it is to be served.

Time limit for lodging notice of appeal

4. (1) Except as provided in sub-rule (2), every notice of appeal shall be served not later than 28 days after the date of the promulgation of the finding and sentence of the trial court-martial.

(2) In the case of a person convicted by a court-martial while serving outside the State with an International United Nations Force (as defined in section 1(1) of the Defence (Amendment) (No 2) Act, 1960), or while despatched for service outside the State for any purpose specified in section 3 of the Act of 2006, a notice of appeal shall be served not later than 35 days after the date of the promulgation mentioned in sub-rule (1).

Notification of receipt of notice of appeal

5. When the Registrar receives a notice of appeal, he shall give notice thereof, in the Form No 38, to the Director, the Court-Martial Administrator, the Deputy Chief of Staff (Support) of the Defence Forces and also, if the appellant is in a prison or detention barrack or if the operation of his sentence has been suspended or if he has been released on bail:-

(a) to the Governor of such prison or detention barrack, as the case may be, and

(b) to the Secretary General of the Department of Defence;

provided that the Registrar shall not be required to give such notice to the Governor of a prison or detention barrack if the appellant’s notice of appeal has been forwarded to the Registrar by such Governor.

III. APPLICATION FOR REVIEW OF SENTENCE

Application for review by the Director of Military Prosecutions

6. (1) An application by the Director to the Court of Appeal under section 212B of the Act of 1954 and in accordance with section 22B of the Act of 1983 to review a sentence awarded by a court-martial shall be initiated by serving on the Registrar a notice of review in the Form No 39. A copy of the notice so served shall be served on the convicted person and on the Court-Martial Administrator.

(2) The procedure on such an application shall follow, as nearly as may be, the procedure on an application by the Director of Public Prosecutions to the Court of Appeal under section 2(1) of the Criminal Justice Act, 1993 to review a sentence imposed by a sentencing court on conviction of a person on indictment.

IV. REFERENCE OF A QUESTION OF LAW

Reference of question of law by the summary court-martial

7. (1) Where a question of law is referred to the Court of Appeal by the summary court-martial under section 178G(5) of the Act of 1954 or section 22A of the Act of 1983, the Court-Martial Administrator (or other officer duly authorised for that purpose by the summary court-martial) shall, as soon as the reference containing the question has been settled and signed by the military judge, indorse thereon the name of the party (if any) who requested the reference; the name of the party who is to have carriage thereof, and the names and addresses of the solicitors (if any) for the parties.

(2) The Court-Martial Administrator or such other officer shall, within seven days of such signature, lodge the original of such reference together with such other documents or materials as are prescribed in that regard by any Courts-Martial Rules for the time being in force, with the Registrar, who shall set down the same for hearing before the Court of Appeal.

(3) The Registrar shall enter the case stated before the Court of Appeal for directions.

(4) The parties shall deliver or exchange and lodge in the Office written submissions on the case stated, in conformity with the requirements of any applicable statutory practice direction, at the time or times prescribed by any applicable statutory practice direction or directed by the Court of Appeal.

(5) As soon as the necessary papers are in order and ready, the reference shall come on to be heard according to its order in the list, unless the Court of Appeal otherwise directs. The Court-Martial Administrator or such other officer shall, immediately following lodgment of the reference, serve notice of such signing and lodgment by registered post on every party who appeared upon the hearing of the appeal before the summary court-martial in respect of which the question is referred.

(6) After service of the notice of signing and lodgment, any interested party may obtain, on application to the Registrar, one or more copies of the reference and any other documents or materials lodged with it.

(7) The party having carriage of the reference shall, within 21 days after the service of the notice of signing and lodgment, lodge with the Registrar the requisite number of copies of the reference, and of any other documents or materials lodged with it.

V. ENLARGEMENT OF TIME FOR APPEALING

Application to enlarge time for appealing

8. (1) The Court of Appeal may enlarge the time appointed for doing any act or taking any proceeding upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered notwithstanding that the application for the same is not made until after the expiration of the time appointed.

(2) 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 40.

(3) The form of application shall, in addition to specifying the grounds of such application, also specify the grounds on which the applicant proposes to base his appeal.

VI. SUSPENSION OF ORDERS OF TRIAL COURT-MARTIAL PENDING APPEAL

Suspension of certain fines

9. (1) Where a person has, on his conviction, been sentenced to a fine, the person lawfully authorised to receive such fine shall, on receiving the same, retain it until the determination of any appeal in relation thereto.

(2) An appellant who has been sentenced to a fine and has paid the same in accordance with such sentence shall, if an appeal by him is successful, be entitled, subject to any order of the Court of Appeal, to the return of the sum so paid by him.

Suspension of certain compensation orders

10. Where, on the conviction of a person, the trial court-martial directs, pursuant to section 213 of the Act of 1954, the payment by that person of a sum as compensation for any personal injury, expense, loss, damage or destruction occasioned by the offence of which he was convicted, the operation of such direction shall be suspended until the expiration of 28 clear days, or in any case to which rule 4(2) applies, 35 clear days after the date of promulgation of the finding and sentence of the trial court-martial and, in cases where notice of appeal is duly given, the period of suspension of such direction shall continue until the determination of the appeal.

Recovery of compensation paid on successful appeal

11. An appellant who has been directed by the trial court-martial to pay any sum as compensation and has paid the same in accordance with such direction shall, in the event of an appeal by him being successful, be entitled, subject to any order of the Court of Appeal, to the return of the sum so paid by him.

VII. PROCEEDINGS OF TRIAL COURT-MARTIAL

Delivery to Registrar of proceedings of trial court-martial

12. (1) On request by the Registrar, the Court-Martial Administrator shall furnish to him the proceedings of the trial court-martial.

(2) A party interested in an appeal to the Court of Appeal may obtain from the Registrar a copy of the proceedings of the trial court-martial or any part thereof as relates to the appeal upon payment of the proper charges.

VIII. EXHIBITS FOR USE OF THE COURT OF APPEAL AND APPELLANTS

Documents, exhibits, etc

13. (1) The Registrar may, on an application made to him by the appellant or the prosecutor, or shall where he considers the same to be necessary for the proper determination of any appeal or he is directed by the Court of Appeal so to do, obtain and keep available for use by the Court of Appeal, any documents, exhibits, or other things relating to the proceedings before the Court of Appeal. Pending the determination of the appeal, such documents, exhibits, or other things shall be open for inspection by any party interested, as and when the Registrar may arrange. In suitable cases the Registrar may, in lieu of obtaining possession of any such documents, exhibits or other things, direct any person having the custody and control thereof to make the same available for inspection by any party interested at such time and place as the Registrar shall direct.

(2) The Court of Appeal may, at any stage of an appeal, on the application of an appellant or the prosecutor, order any document, exhibit, or other thing connected with the proceedings to be produced to the Registrar by any person having the custody or control thereof.

(3) Service of any order made under this rule shall be personal, unless the Court of Appeal otherwise orders, and for the purpose of effecting due service thereof the Registrar may require the assistance of the Garda Síochana, and it shall be their duty to carry out any directions of the Registrar under this rule.

Obtaining copies

14. (1) At any time after notice of appeal has been served, an appellant or the prosecutor, or the solicitor or other person representing either of them, may obtain from the Registrar copies of any documents or exhibits in his possession for the purpose of such appeal. Such copies shall be supplied by the Registrar upon payment of the proper charges.

(2) A copy of the proceedings of the trial court-martial shall be supplied by the Registrar free of charge:

(a) to an appellant who has been granted a legal aid (court-martial appeal) certificate, and

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

(3) Where an appellant who is not legally represented, or who has been granted a legal aid (court-martial appeal) certificate, requires from the Registrar a copy of any document or exhibit in his custody for the purposes of his appeal, he may obtain it free of charge if the Registrar considers it proper to supply the same.

IX. REPORT TO THE COURT OF APPEAL

Report by military judge

15. (1) The Registrar shall, whenever the Court of Appeal directs him so to do in relation to any appeal, request the military judge who presided at the trial court-martial to furnish him with a report in writing upon the case generally or upon any point arising thereon, and the military judge so requested shall furnish the same in accordance with such request.

(2) The said report shall be made to the Court of Appeal, and, except by leave of the Court of Appeal, the Registrar shall not furnish any part thereof to any person.

X. SUSPENSION OF THE OPERATION OF A CUSTODIAL SENTENCE

Suspension of operation of a custodial sentence pending determination of appeal

16. (1) An appellant who is a member of the Defence Forces and who desires to have the operation of a sentence of imprisonment or detention imposed on him suspended, pending the determination of his appeal, shall serve upon the Registrar notice in the Form No 41 of his application for such suspension, grounded on an affidavit. The Registrar shall forthwith give notice of that application to the Director and, as soon as a date is fixed by the Court of Appeal for the hearing of such application, shall notify the appellant, the Court-Martial Administrator and the Director.

(2) The Court of Appeal may suspend the operation of a custodial sentence subject to such terms and conditions as it thinks fit.

(3) The Registrar shall notify the Governor of the prison or detention barrack, as the case may be, within which the appellant is confined, of the terms and conditions on which the Court of Appeal suspends the operation of the appellant’s sentence.

(4) An appellant the operation of whose sentence has been suspended shall, by the order of the Court of Appeal, be required to be, and shall be, personally present at each and every hearing of his appeal, and at the final determination thereof, and shall whenever his case is called on before the Court of Appeal, surrender himself to such persons as the Court of Appeal shall from time to time direct, and may be searched by them, and shall be deemed to be in their lawful custody, until further released on suspension of the operation of his sentence or otherwise dealt with as the Court of Appeal shall direct. In the event of such appellant not being present at any hearing of his appeal, the Court of Appeal may dismiss the same and issue a warrant for the apprehension of the appellant, in the Form No 42, or may consider the appeal in his absence, or make such other order as it thinks fit.

(5) The Court of Appeal may revoke or vary any order suspending the operation of a sentence of imprisonment or detention, and may on revocation issue a warrant in the Form No 42 for the apprehension of the appellant and order him to be committed to a prison or detention barrack.

XI. BAIL

Application for bail

17. (1) An appellant who is not a member of the Defence Forces and who desires to be admitted to bail, pending the determination of his appeal, shall serve upon the Registrar notice in the Form No 43 of his application for such bail, grounded on an affidavit. The Registrar shall forthwith give notice of such application to the Director and, as soon as a date is fixed by the Court of Appeal for the hearing of such application, shall notify the appellant and the Director.

(2) The Court of Appeal, when admitting such an appellant to bail, shall specify the amount (if any) in which the appellant and his surety (if any) shall be bound by recognisance.

(3) The Registrar shall notify the Governor of the prison or detention barrack, as the case may be, within which the appellant is confined, of the terms and conditions on which the Court of Appeal has admitted the appellant to bail.

(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 44. 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 45 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 46, forthwith notify the Governor of the said prison or detention barrack, as the case may be, 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) An appellant who has been admitted to bail shall, by the order of the Court of Appeal under which he was so admitted to bail, be required to be, and shall be, personally present at each and every hearing of his appeal, and at the final determination thereof, and shall, whenever his case is called on before the Court of Appeal, surrender himself to such persons as the Court of Appeal shall from time to time direct, and may be searched by them, and shall be deemed to be in their lawful custody until further released on bail or otherwise dealt with as the Court of Appeal shall direct. In the event of such appellant not being present at any hearing of his appeal, the Court of Appeal may dismiss the same and issue a warrant for the apprehension of the appellant, in the Form No 47, or 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 amount conditioned for payment by recognisance of the appellant or of his sureties or substitute any other surety for a surety previously bound.

(13) An information laid by a member of the Garda Síochana or by a surety upon whose recognisance an appellant has been released on bail, who suspects that an appellant who has been released on bail is about to contravene a condition of his recognisance, for the purposes of an application under section 6(5) of the Bail Act, 1997 shall be in the Form No 48 and the Court of Appeal’s warrant for the apprehension of the appellant on granting such application shall be in the Form No 49.

(14) An information laid by a member of the Garda Síochana that an appellant who has been released on bail has contravened a condition of his recognisance, for the purposes of an application under section 9(4) of the Bail Act, 1997 shall be in the Form No 48 and the Court of Appeal’s warrant for the apprehension of the appellant on granting such application shall be in the Form No 49.

(15) The appellant shall, on being apprehended, be brought before the Court of Appeal, and the Court of Appeal shall make such order as is appropriate. Where such order is for the committal of the appellant, it shall be in the Form No 50.

(16) At any time after an appellant has been released on bail the Court of Appeal may revoke the order admitting him to bail, and issue a warrant in the Form No 47 for his apprehension and order him to be committed to a prison or detention barrack.

(17) Nothing in this rule shall affect the right of a surety to apprehend and surrender into custody the person for whose appearance he has become bound, and thereby to discharge himself of his suretyship.

(18) On breach of the recognisance of an appellant, the Court of Appeal may, notice having been given to any surety, make such order under section 9(1) of the Bail Act, 1997 as is appropriate and notice of the making of such order shall be served by the prosecutor on the appellant and on any surety or sureties by prepaid ordinary post.

(19) 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]

XII. PREPARATION FOR HEARING OF APPEALS AND APPLICATIONS

Documents for use of Court of Appeal

18. The Registrar shall obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things relating to the proceedings in the trial court-martial which are necessary for the proper determination of the appeal or application.

Notification of appellant

19. (1) Where an appellant is in custody, the Registrar shall notify the appellant and his solicitor (if any), the Governor of the prison or detention barrack, as the case may be, in which the appellant then is, the Irish Prison Service (if relevant) and the Deputy Chief of Staff (Support) of the Defence Forces of the probable day on which his appeal or application will be heard. The Irish Prison Service or Deputy Chief of Staff (Support) shall (where necessary) take steps to transfer the appellant to a prison or detention barrack or other custodial centre convenient for his appearance before the Court of Appeal at such a reasonable time before the hearing as shall enable him to consult his legal adviser.

(2) When the date for the hearing of an appeal or application is fixed, the Registrar shall give notice thereof to the appellant and his solicitor (if any), the Director and the Court-Martial Administrator.

XIII. ABANDONMENT OF APPEAL

Abandonment of appeal

20. (1) An appellant or applicant who has not had his sentence suspended pending the hearing of the appeal or application and 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 thereof in the Form No 51 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 Director, list the matter before the Court of Appeal on notice to the appellant and the Director for the purpose of the making of any consequential order.

(3) An appellant or applicant who has had his sentence suspended pending the hearing of the appeal or application, or 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 Director 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.

XIV. EXAMINATION OF WITNESSES

Application for leave to introduce additional evidence

21. (1) An application for leave to introduce evidence by the attendance and examination before the Court of Appeal of any witness shall be by motion in the Form No 52, 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 (save in the case of any new evidence relating to the mental condition of the appellant or of the person charged, as the case may be, given by a consultant psychiatrist) 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 53 shall be served upon him 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, such order shall specify the person appointed as examiner to take, and the place of taking, such examination, and the witness or witnesses to be examined.

(4) The Registrar shall furnish to the person appointed to take the examination any documents or exhibits and any other material relating to the said 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 any depositions 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 thereof to the appellant and the Director and their legal representatives (if any) and, when the appellant is in a prison or detention barrack, the Governor of that prison or detention barrack, as the case may be. The Registrar shall cause to be served on every witness to be examined notice in the Form No 54.

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

(7) The examination of every such witness shall be taken in the form of a deposition in the manner for the taking of evidence under section 4F(3) of the Criminal Procedure Act, 1967. The caption in the Form No 55 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 shall, if and so far as ordered by the Court of Appeal, 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 provisions of rule 13(3) shall apply to the service of an order or notice on a witness under this rule.

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

XV. HEARING OF APPEALS AND OTHER APPLICATIONS

Appellant or applicant in custody

22. (1) An appellant or applicant who is in custody shall be entitled, if he so desires, to be present in person at the hearing of his appeal or application and, subject to the prior consent of the Court of Appeal being obtained, at any interlocutory applications in relation thereto.

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

Person with benefit of compensation order entitled to be heard

23. Where a direction for payment of compensation has been given by the trial court-martial, the person in whose favour such direction was given, the appellant and, with the leave of the Court of Appeal, any other person, shall be entitled to be heard before any order is made by the Court of Appeal annulling or varying such direction for payment of compensation.

Notice of order determining appeal

24. (1) When the Court of Appeal makes an order finally determining an appeal, the Registrar shall give notice thereof in the Form No 56 to the following persons:

(a) the Appellant;

(b) the Director;

(c) the Deputy Chief of Staff (Support) of the Defence Forces;

(d) the Court-Martial Administrator;

and also, if the appellant is in a prison or detention barrack or if the operation of his sentence has been suspended or he has been released on bail:

(a) to the Governor of such prison or detention barrack, as the case may be, and

(b) to the Secretary General of the Department of Defence

provided that the Registrar shall not be required to give such notice to the appellant if he has been present or has been legally represented at the hearing.

(2) The Court-Martial Administrator, on receiving a notice pursuant to sub-rule (1), shall enter the particulars contained therein in the proceedings of the trial court-martial.

XVI. MISCELLANEOUS

Notice of motion to the Court of Appeal

25. Except where otherwise provided by this Part, notice of every application to the Court of Appeal shall be in accordance with the Form No 57, 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 may direct.

Provision of forms

26. 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 or a detention barrack shall cause those forms and instructions to be placed at the disposal of any prisoner desiring to make any application and shall cause any such notice given by a prisoner in his custody to be forwarded on behalf of the prisoner to the Registrar.

Inquiries by Garda Síochana or Deputy Chief of Staff (Support)

27. It shall be the duty of the Garda Síochana of the district in which the appellant or applicant resided before his conviction or of the district from which he was committed or the Deputy Chief of Staff (Support) of the Defence Forces to enquire as to and report to the Registrar, when required by him, upon the means and circumstances of any appellant where such a question arises.

Enforcement of duties by order of the Court of Appeal

28. The performance of any duty imposed upon any person by this Order may be enforced by order of the Court of Appeal.

Warrant for apprehension of appellant

29. Any warrant for the apprehension of an appellant issued by the Court of Appeal shall be deemed to be, for all purposes, 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 the same.

[SI 485/14]

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