2010 Act The Criminal Procedure Act 2010 reforms law in relation to a number of matters. Some of the matters were considered by the Criminal Law Review Group and were the subject of recommendations in its 2007 report. The 2010 Act modifies the rule against double jeopardy to allow persons who have been acquitted to be retried in circumstances where new and compelling evidence emerges […]
Application The Criminal Procedure Act 2021 introduced preliminary trial hearings. The hearings deal with certain matters ahead of the beginning of the trial so as to ensure that the parties are ready to proceed on the day of the trial, and to minimise interruptions to while it is in train. The legislation applies to trials on indictment. It applies whether the person has been sent […]
Criteria for Bail I In exercising its jurisdiction in relation to bail , a court shall take into account and may, where necessary, receive evidence or submissions concerning— the nature and degree of seriousness of the offence with which the accused person is charged and the sentence likely to be imposed on conviction, the nature and degree of seriousness of the offence apprehended and the […]
Remand A person may be remanded in custody or on bail by the District Court. Remanding on bail requires that the person concerned enters a bond or recognizance to appear. The Court may not remand a person on the occasion of his first appearance for a period exceeding eight days, except where permitted by statute. A person may be remanded for more than eight days […]
Sending Forward for Trial Prior to October 2001, offences tried on indictment were the subject of a preliminary examination in the District Court. 1999 legislation abolished this longstanding procedure, which dates back centuries. Where an accused is brought before the District Court charged with an indictable offence, the Court shall send the accused forward for trial to the Court before which he is to stand […]
Retrials 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 provisions in respect of retrials apply only to a limited category of very serious offences. They include murder, […]
In Public The general position is that proceedings in the preliminary pre-trial phase in the District Court are to be conducted in public. The court, conducting the proceedings may because of the nature of the circumstances of the case or otherwise in the interests of justice, if it considers that it is desirable to do so, may exclude the public during the proceeding or any […]
Warrant in Lieu Summons A warrant may issue from the court in lieu of a summons for indictable offences. This is appropriate only in cases of a serious nature where a summons is likely to be insufficient to ensure the attendance of the accused. An application for a warrant may be made by a complaint to a Judge on oath and in writing. The Judge […]
Issue of Summons There is no discretion for the District Court Clerk in the procedure for application for a summons. Unlike the procedure under the 1851 Act, the summons is to issue as an administrative matter if the application is duly made. A summons must state shortly and in ordinary language particulars of the complaint and offence alleged, the name of the person against whom […]
Procedure Overview A trial in the Circuit Court or Central Criminal Court involves the following steps The Jury is empanelled and sworn in. The Judge may make initial remarks The prosecution may make an opening speech and present its witnesses. The Defendant’s counsel cross-examines the witness and the prosecution may re-examine them At the end of the prosecution’s case, the defence may apply for an […]
Decision to Prosecute The decision of the DPP to prosecute or not to prosecute offences in an individual case is not generally reviewable by the courts. Courts have taken the view that this would interfere with the independence of the office. The DPP may decide which charge to bring where a range of charges is possible. The fact that a more serious charge could be […]
Indictable Offences An indictable offence is one that is capable of being tried on indictment before a Judge and Jury. Most common law offences were triable on indictment. This included former felonies and misdemeanours. This categorisation of offences was abolished in 1997. Many statutory offences are triable on indictment and/or summarily. An indictable offence is not subject to any time limit. In contrast, the complaint […]
Duty of Disclosure An order of disclosure is required even in summary cases where it is necessary to ensure the constitutional obligation to afford a fair trial and fair procedures. They may require that the accused is furnished before trial with copies of statements of all witnesses whose evidence is crucial to the prosecution. This will generally be appropriate in the case of indictable offences […]
Prosecutors Criminal proceedings are generally prosecuted by a state authority. Less serious or minor offences are usually prosecuted by An Garda Síochána either with or without the assistance of the State Solicitor’s Office or DPP. In the case of non-minor offences, the DPP’s consent is generally required. Some categories of offence, particularly regulatory offences are prosecuted by particular Departments, Agencies and Authorities. For example, the […]
Warrant of Commital A warrant of committal to prison or committal in default payment of a penalty must be in clear terms and must show the name of the institution or prison to which the accused is committed. A warrant issued and recognisance entered in respect of an offence, shall contain or have attached, special particulars to identify the offences or offences, the subject of […]
Non-Appearance Where the accused fails to appear on the required date, the bail money may be forfeited. A warrant for the accused’s arrest will generally issue and the breach of the bond may be certified. Failure to appear to appeal as required while on bail is itself an offence, subject on conviction to up to 12 months’ imprisonment. If a person fails to appear to […]
Jurisdiction Criminal and civil matters are heard by the same judges but in separate divisions of the courts. The District Court hearing criminal cases hears them at different times and sittings and sometimes in different courtrooms to civil cases. The same applies to the Circuit Court. There are also distinct criminal sittings. There is a separate Criminal Courts of Justice building in Dublin and most […]
Procedure The principle is that each side is free to present its case to the judge [or on the case of the Circuit Court and Central Criminal Court, to the judge and jury. The jury (or where there is none, the judge) decides the facts based on the evidence presented. It must be proved beyond a reasonable doubt that the accused committed the offence. A […]
General The criminal process is adversarial. Each side puts forward its evidence. Evidence is anything which tends to prove the relevant facts in issue. The evidence is directed towards proving the key facts. The key facts are set out in the summons or indictment. These are the facts that constitute the alleged offence. Evidence is offered by the prosecution which tends to show the truth […]
Release on Bail Once a person has been arrested and charged, the question arises as to whether he should be released on bail or remanded in custody. A person charged with an offence is presumed innocent until convicted. In these circumstances, detention pending trial is presumed inappropriate, unless there are overriding circumstances that justify the denial of bail. A person may remain on remand for […]
General Juries are an ancient institution dating to the Middle Ages. Under the late 1980s juries were used in most tort / civil wrong cases in the High Court , including personal injuries actions for negligence. The Courts Act 1988 curtailed severely the role of juries in civil matters. The right to a trial before a judge and jury for a for non-minor (serious) offence […]