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 […]
Adjournment The District Judge may transfer or adjourn any proceedings or business to a later date or another place in the District. Adjournment may be on such terms as he may think fit. Proceedings may be adjourned generally with liberty to re-enter by giving not less than ten days’ notice to the other party and lodging a copy of the notice with the District Court […]
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 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 charged summarily, though […]
In Public The District Court hears cases in open court. This accords with the general constitutional principle that justice is to be administered by courts established by law and save in such special and limited cases as may be prescribed by law shall be administered in public. There are limited provisions whereby the public may be excluded. This may arise if the matter is of […]
The District Court The District Court summary criminal jurisdiction is the successor to that of the Justice of the Peace and the Resident Magistrate. The District Courts were created on the establishment of the State and formalised in legislation in 1924. This represented a significant break from the past. The District Court has a legally qualified judge whereas the Justice of the Peace and lay […]
Witnesses Generally, the prosecution of the defence decides which witnesses are to be called. Generally, it is not the judge’s role to call a witness. A judge may call upon a witness in court to give evidence. He may recall a witness so that the fairness of the trial is ensured. An accused is entitled to put the prosecution to its proof. He need not […]
Jurisdiction of District Court The District Court may only hear cases where it has jurisdiction by statute. Legal representatives or parties may challenge the jurisdiction or the validity of proceedings. This will generally be done at the outset of the proceedings. Laws may not be challenged as to their invalidity under the Constitution in the District Court or Circuit Court. Generally, District Court proceedings are […]
Minute Book The Clerk of each Court area keeps a minute book in which is entered all cases other than those in which particulars of offences are entered in charge sheets which are for hearing at sittings of the Court for that area. To enable effect to be given to the decision of the Court and to enable an order to be drawn up if […]