CC Procedure
CRIMINAL JUSTICE ACT 2006
Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.
177.— (1) The Criminal Justice Act 1951 is amended by the substitution of the following section for section 7:
“Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.
7.— Paragraph 4 (which prescribes time limits for the making of complaints in cases of summary jurisdiction) of section 10 of the Petty Sessions (Ireland) Act 1851 shall not apply to a complaint in respect of:
(a) a scheduled offence, or
(b) an offence that is triable—
(i) at the election of the prosecution, either on indictment or summarily, or
(ii) either on indictment or, subject to certain conditions including the consent of the prosecution, summarily.”.
(2) This section shall not have effect in relation to an offence committed before the commencement of this section.
Amendment of Courts of Justice Act 1924.
178.— The Courts of Justice Act 1924 is amended by the insertion of the following section after section 79:
“
Exercise of jurisdiction by District Court judges in criminal cases.
79A.— (1) Where, in respect of a crime committed in the State—
(a) the accused does not reside in the State,
(b) he or she was not arrested for and charged with the crime in the State, and
(c) either—
(i) the crime was committed in more than one district court district, or
(ii) it is known that it was committed in one of not more than five district court districts, but the particular district concerned is not known,
then, for the purposes of section 79 of this Act, the crime shall be deemed to have been committed in each of the districts concerned and a judge assigned to any of the districts concerned may deal with the case.
(2) Where the circumstances of a crime committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the district court district in which the crime was committed is not known, then, for the purposes of section 79 of this Act, the crime shall be deemed to have been committed in the Dublin Metropolitan District.
(3) A case does not fall within this section unless it is shown that reasonable efforts have been made to ascertain the whereabouts of the accused for the purposes of arresting him or her for and charging him or her with the crime concerned.
(4) Where a judge for the time being assigned to a district court district exercises jurisdiction in a criminal case by virtue of this section, the judge or any other judge assigned to the district shall have jurisdiction in the case until its conclusion in the District Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in the case.
(5) A judge for the time being assigned to a district court district who exercises jurisdiction in a criminal case by virtue of this section may deal with the case in any court area within his or her district.”.
Amendment of Courts (Supplemental Provisions) Act 1961.
179.— The Courts (Supplemental Provisions) Act 1961 is amended—
(a) in section 25(4), by the insertion of “and section 25A of this Act” after “subsection (3) of this section”, and
(b) by the insertion of the following section after section 25:
“
Exercise of jurisdiction by Circuit Court judges in indictable offences.
25A.— (1) Where, in respect of an offence committed in the State—
(a) the accused person does not reside in the State,
(b) he or she was not arrested for and charged with the offence in the State, and
(c) either—
(i) the offence was committed in more than one circuit, or
(ii) it is known that it was committed in one of not more than three circuits, but the particular circuit concerned is not known,
then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in each of the circuits concerned and a judge of any of the circuits concerned may deal with the case.
(2) Where the circumstances of an offence committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the circuit in which the offence was committed is not known, then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in the Dublin Circuit.
(3) A case does not fall within this section unless it is shown that reasonable efforts have been made to ascertain the whereabouts of the accused person for the purposes of arresting him or her for and charging him or her with the offence concerned.
(4) Where a judge of a circuit exercises jurisdiction in relation to an indictable offence by virtue of this section, the judge or any other judge assigned to the circuit shall have jurisdiction in relation to the offence until the conclusion of proceedings in respect of it in the Circuit Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in relation to the offence.
(5) In this section ‘offence’ means an indictable offence as respects which jurisdiction is vested in the Circuit Court by section 25 of this Act.”.
Exercise of certain powers by judge of District Court outside district court district.
180.— The Courts (Supplemental Provisions) Act 1961 is amended by the insertion of the following section after section 32:
6“
Exercise of certain powers by judge of District Court outside district court district.
32A.— (1) This section applies to the following powers of a judge of the District Court:
(a) the power to issue a warrant for the arrest of a person;
(b) the power to issue a warrant to a member of the Garda Síochána or, if appropriate, any other person authorising the entry to, and search of, any place or premises (including a dwelling) and, if appropriate, the search of any person found at such place or premises for all or any of the following purposes:
(i) the gathering of evidence of, or relating to, the commission or attempted commission of any criminal offence;
(ii) the gathering of evidence of, or relating to, the contravention in any other respect of any provision of an enactment;
(iii) ascertaining whether there is or has been compliance with any provision of an enactment;
(iv) the gathering of evidence of, or relating to, assets or proceeds deriving from criminal conduct (within the meaning of section 1(1) of the Criminal Assets Bureau Act 1996) or to their identity or whereabouts;
(c) the power to make an order, upon the application of a member of the Garda Síochána or, if appropriate, any other person, directing another person to produce, make available for inspection or to give access to any particular document, material or thing, or documents, material or things of a particular description, for the purposes of investigating—
(i) any criminal offence,
(ii) whether there is or has been a contravention in any other respect of any provision of an enactment, or
(iii) whether a person has benefited from assets or proceeds deriving from criminal conduct (within the meaning of section 1(1) of the Criminal Assets Bureau Act 1996) or is in receipt of or controls such assets or proceeds.
(2) A judge of the District Court may, in relation to a relevant district, exercise while in any place in the State outside that relevant district any of the powers to which this section applies for the time being conferred on him or her by law if, but only if, he or she would be entitled to exercise the power concerned at a sitting of the District Court in that relevant district.
(3) Without prejudice to the generality of paragraph (b) of subsection (1) of this section, a warrant may fall within that paragraph notwithstanding that the warrant or the power under which it is issued authorises all or any of the following:
(a) the entry, if necessary by the use of force, to a place or premises (including a dwelling);
(b) the doing of acts in addition to the acts specified in subsection (1)(b) of this section;
(c) the execution of the warrant by a person other than the member of the Garda Síochána or, if appropriate, any other person to whom it is issued;
(d) the accompaniment of the person executing the warrant by any other persons during the execution thereof.
(4) Without prejudice to the generality of paragraph (c) of subsection (1) of this section, an order may fall within that paragraph notwithstanding that the order or the power under which it is made authorises all or any of the following:
(a) a member of the Garda Síochána or any other person to enter a place for the purpose of inspecting or getting access to any document, material or thing or documents, material or things of a particular description;
(b) the execution of the order by a person other than the member of the Garda Síochána or, if appropriate, any other person who applies for it;
(c) the retention, or copying, for the purposes of proceedings (criminal or civil) by a member of the Garda Síochána or any other person of any document, material or thing, or documents, material or things of a particular description, produced, made available for inspection or to which access is given.
(5) In this section—
‘enactment’ means a statute or an instrument made under a power conferred by statute;
‘district’ means a district court district;
‘relevant district’, in relation to a judge of the District Court, means a district—
(a) to which he or she is permanently assigned under paragraph 2 of the Sixth Schedule to this Act,
(b) to which he or she is temporarily assigned under subparagraph (1) or (2) of paragraph 3 of the said Schedule, or
(c) in relation to which he or she is acting in the circumstances specified in subparagraph (1), (2) or (3) of paragraph 4 of the said Schedule for another judge of the District Court who is permanently assigned to the district.”.