DC Evidence General
CRIMINAL LAW ACT 1997
Extending periods of remand in custody.
4.—The Act of 1967 is hereby amended by the substitution of the following section for section 24 (amended by section 8 (2) of the Courts (No. 2) Act, 1986 ):
“24. (1) The Court shall not remand a person, on the occasion of that person’s first appearance before the Court charged with a particular offence, for a period exceeding eight days, except where this section otherwise provides.
(2) The Court may remand a person on bail for a period that is longer than eight days if the person and the prosecutor consent.
(3) The Court may remand a person in custody (other than on the occasion of that person’s first appearance before the Court charged with a particular offence) for a period not exceeding fifteen days, save that where the Court is of opinion that in all the circumstances it would be unreasonable to remand the person in custody for a period of fifteen days, the period of remand shall be such period of less than fifteen days as the Court considers appropriate.
(4) The Court may remand a person in custody (other than on the occasion of that person’s first appearance before the Court charged with a particular offence), for a period exceeding fifteen days but not exceeding thirty days, if the person and the prosecutor consent.
(5) (a) If the Court is satisfied that a person who has been remanded in custody is unable by reason of illness or accident to be brought before the Court at the expiration of the period of remand, the Court may, in that person’s absence, remand that person for such further period, which may exceed fifteen days, as the Court considers reasonable.
(b) If the Court is satisfied that a person who has been remanded on bail is unable by reason of illness or accident to appear before the Court at the expiration of the period of remand, the Court may, in that person’s absence, remand that person for such further period, which may exceed eight days, as the Court considers reasonable.
(6) (a) Where a person has been remanded in custody and there is no sitting of the Court on the day to which he has been remanded, that person shall stand so remanded to the sitting of the Court next held in the same District Court District.
(b) Where a person has been remanded on bail and there is no sitting of the Court on the day to which he has been remanded, that person shall stand so remanded to the sitting of the Court next held in the same District Court Area.”.
Jurisdiction of District Court and place of remand.
5.—(1) Notwithstanding section 27 (3) of the Courts of Justice Act, 1953 , the court before which a person first appears charged with a particular offence or a judge of the District Court exercising jurisdiction under subsection (2) of section 79 of the Act of 1924 (inserted by section 41 of the Courts and Court Officers Act, 1995 ) may remand that person in custody to appear at a sitting of the District Court (“alternative court”) in the District Court District in which the prison or place of detention where he or she is to be held in custody is situated or a District Court District adjoining the first-mentioned District Court District.
(2) The alternative court may, from time to time, as occasion requires, further remand a person, referred to in subsection (1) of the said section 79, in custody or on bail, to that court or to another alternative court.
(3) An alternative court shall, for the purposes of the conduct of a preliminary examination under the Act of 1967 in relation to a person, or, as the case may be, the trial of a person, remand the person to a sitting of the court in the District Court District—
(a) in which the offence to which the preliminary examination or trial relates was committed, or
(b) in which the person resides or was arrested.
(4) The said section 79 is hereby amended by the substitution of the following subsection for subsection (3):
“(3) A judge of the District Court exercising jurisdiction under subsection (2) shall not have jurisdiction to—
(a) conduct a preliminary examination under the provisions of the Criminal Procedure Act, 1967 , or
(b) try an accused for an offence, unless that jurisdiction is exercised in the District Court District—
(i) in which the offence was committed, or
(ii) in which the accused resides or was arrested.”.
(5) Subsection (4) of the said section 79 shall not apply to an alternative court.
(6) Section 2 of the Criminal Justice (Legal Aid) Act, 1962 , is hereby amended by the substitution of the following subsection for subsection (1):
“(1) If it appears to the District Court before which a person is charged with an offence or an alternative court within the meaning of section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 before which a person is appearing—
(a) that the means of the person before it are insufficient to enable him to obtain legal aid, and
(b) that by reason of the gravity of the offence with which he is charged or of exceptional circumstances it is essential in the interests of justice that he should have legal aid in the preparation and conduct of his defence before it,
the said District Court or the alternative court, as may be appropriate, shall, on application being made to it in that behalf, grant a certificate, in respect of him, for free legal aid (in this Act referred to as a legal aid (District Court) certificate) and thereupon he shall be entitled to such aid and to have a solicitor and (where he is charged with murder and the said District Court or the alternative court, as the case may be, thinks fit) counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.”.
Certificates of evidence relating to certain matters.
6.—(1) Where a person, who has been arrested otherwise than under a warrant, first appears before the District Court charged with an offence, a certificate purporting to be signed by a member and stating that that member did, at a specified time and place, any one or more of the following namely—
(a) arrested that person for a specified offence,
(b) charged that person with a specified offence, or
(c) cautioned that person upon his or her being arrested for, or charged with, a specified offence,
shall be admissible as evidence of the matters stated in the certificate.
(2) In any criminal proceedings a certificate purporting to be signed by a member and stating that—
(a) that member did any one or more of the following namely—
(i) commenced duty, or replaced a specified member on duty, at a specified time at a place—
(I) where the offence to which such proceedings relate is alleged to have been committed,
(II) adjacent to the place referred to in clause I of this subparagraph, or
(III) containing evidence of the offence to which the proceedings relate,
or
(ii) remained on duty at a place referred to in subparagraph (i) until a specified time or until replaced at a specified time by a specified member,
or
(b) in relation to a place referred to in paragraph (a) no person entered upon that place during a specified period without the permission of that member and that no evidence at that place was disturbed while he or she was on duty at that place,
shall be admissible as evidence of the matters stated in the certificate.
(3) Where a person enters upon a place referred to in paragraph (a) of subsection (2) at a time when a member is on duty at that place, a certificate referred to in the said subsection shall state the name of that person and the purpose for which that person was permitted to enter upon that place.
(4) In any criminal proceedings the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under this section be given, and the court may for the purpose of receiving oral evidence adjourn the proceedings to a later date.
(5) A certificate under this section shall be tendered in evidence by a member not below the rank of sergeant.
(6) Upon the laying of a charge sheet and recognisance before the District Court, the court shall require the person (if any) present and to whom the charge sheet and recognisance relate, to identify himself or herself, and accordingly, on being so required, the person shall identify himself or herself, as the case may be, to the court.
(7) The Minister for Justice may, by regulations, prescribe the form of a certificate under this section.