Case Stated on a Point of Law The case stated procedure allows for a reference from the District Court to the High Court on a point of law. There are two types of case stated. One is an appeal by way of case stated brought from a District Court decision on a point of law. A second type of case stated arises before the conclusion of […]
Notice of Motion to the Court of Appeal 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, […]
Notice of Appeal 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 […]
Rights of Appeal A person who is convicted of an offence enjoys a right of appeal to a higher court. District Court convictions may be appealed to the Circuit Court. Circuit Criminal Court, Special Criminal Court, and Central Criminal Court convictions may be appealed to the Court of Appeal (formerly the Court of Criminal Appeal). There is the possibility of a further right of appeal […]
Double Jeopardy The rule against double jeopardy is the ancient common law rule that a person may not be punished, tried twice for the same offence. The Criminal Procedure Act 2010 changed the principle against double jeopardy in relation to some kinds of cases, in exceptional circumstances. The provision in respect of retrials applies only to a limited category of very serious offences. They include […]
Criminal Appeals A person who is convicted of an offence enjoys a right of appeal to a higher court. District Court convictions may be appealed to the Circuit Court. Circuit Criminal Court Special Criminal Court and Central Criminal Court convictions may be appealed to the Court of Appeal (formerly the Court of Criminal Appeal). There is the possibility of a further right of appeal on […]