Return for Trial

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 trial unless the case is being tried summarily on is being dealt with under the above provisions on a guilty plea.

The accused shall not be sent forward for trial without the consent of the prosecutor. When the prosecutor refuses to give the consent required above in relation to an indictable offence, the District Court shall strike out proceedings.  Striking out of proceedings shall not prejudice the institution of proceedings against the accused by the prosecutor.

The accused shall not be sent forward for trial until the documents mentioned below (the book of evidence) have been served on the accused.

Where a Court makes an order sending a person forward for trial, he may be committed to prison to await trial or sentence or may be released on entering a recognisance.

A company may be charged with an indictable offence.  It may appear by a representative who may answer questions on his behalf.  The representative may object or make elections on behalf of the accused company. A representative is a person duly appointed by the company to represent it for the purpose of making the various elections etc. set out above.

Where an accused person is before the court charged with an indictable offence which is not triable summarily and the prosecutor consents to the accused being sent forward for trial, the judge shall remand the accused to a further sitting of the court to allow service of documents.

Book of Evidence

Where the prosecutor consents to the accused being sent forward for trial, the prosecutor shall within 42 days of the first appearance in the District Court or any extended period granted, cause the following documents to be served on the accused or his solicitor:

• statement of the charges,
• copy of sworn information in writing upon which proceedings are based,
• list of the witnesses,
• statement of the evidence expected to be given by each,
• copy of documents containing information proposed to be given in evidence under Criminal Evidence Act,
• certificates,
• a list of exhibits.

The prosecutor may apply to extend the time for service of the book of evidence, which the court may grant provided there is a good reason for doing so and it would be in the interests of justice to do so.  Where an extension is refused, the District Court shall strike out proceedings.  This shall not prejudice the institution of proceedings against the accused again.  When the documents have been served on the accused, the Judge having informed the accused in relation to notice of alibis provisions and certain other notices must send him forward for trial.

When the accused is to be sent forward for trial, documents lodged with the District Court including the book of evidence are transmitted to the relevant County Registrar or other Court Registrar.

Further Documents

At any time after service of the book of evidence the prosecutor may cause the following documents to be served on the accused or his solicitor:

• a list of any further witnesses the prosecutor proposes to call,
• a statement of the evidence which is expected to be given by each witness whose name appears on the list of further witnesses,
• statement of further evidence that is expected to be given any witness whose name appears on the list already served,
• notice of intention to give hearsay evidence under Criminal Evidence Act,
• copies of depositions below, list of further exhibits.

The accused shall have the right to inspect all exhibits mentioned in that list of exhibits served.

Where the trial judge is satisfied that it is in the interests of justice that any document required to be served on the accused or his solicitor, be served at the hearing of an application, the prosecutor shall serve the document on the accused or his solicitor and Court may if it considers appropriate, adjourn the hearing for that purpose.

Application to Dismiss

At any time after the accused is sent forward for trial, the accused may apply to the trial court to dismiss one or more of the charges against him.  Notice of the application must be given to the prosecutor at least 14 days before the date on which it is due to be heard.  A shorter time limit may be permissible in the interests of justice.

If it appears to the trial court that there is not sufficient cause to put the accused on trial for any charge to which the application relates, the Court shall dismiss the charge.  Oral evidence may be given on that application only if it appears to the trial court that such evidence is required in the interests of justice.

Where the charge is dismissed by the trial court, the prosecutor may appeal to the Court of Appeal within 21 days.  The court may affirm and quash the decision. If the Court of Appeal quashes the decision, the matter may proceed as if the charge had never been dismissed.

The purpose of the provision is to confer a similar jurisdiction as was conferred in the District Court in the preliminary examination.  The question is whether there is a sufficient case to put the accused on trial.  It may be based on a legal point or insufficiency of evidence. The matter is based primarily on the book of evidence.  It is not intended to be a mechanism for the determination of preliminary issues.  The Court is not required to determine preliminary issues.

Witnesses

A witness summons warrant may be issued on foot of an order of the trial court. A warrant for the arrest of a person who fails to attend to answer may be issued.

Video recording of evidence given through a live television link shall if the accused is present at the taking of the evidence and the opportunity was given to cross-examine and re-examine the witness, be available at the trial of the offence as evidence of facts stated therein, in respect of which direct oral evidence would be admissible unless the Court is of the opinion, that it is in the interests of justice that it should not be admitted. This is subject to other conditions regarding the admissibility of video recording evidence.

Deposition

At any time after the accused is sent forward for trial, the prosecutor or the accused may apply to the trial court for an order requiring a person to appear before the District Court, for the taking of evidence on sworn deposition or by way of video link whether or not such person’s name appears on the list of witness served on the accused.  If satisfied that it would be in the interest of justice so to do, the trial court may order a person who is subject of an application above to attend before a judge of the District Court, so that the Judge may take the person’s evidence accordingly.

When the evidence is being taken, the accused and the Judge of the District Court shall be present.  Before it is taken, the Judge shall inform the accused of the circumstances in which it may be admitted as evidence in the trial.  The witness may be cross-examined and re-examined.

Where it is taken by sworn deposition, the evidence and re-examination, the deposition, cross-examination and re-examination shall be recorded, read to the deponent and signed by the deponent and Judge.  The District Court has all the ordinary powers available in relation to witnesses in criminal proceedings.

The party in proceedings may upon payment of a prescribed fee if any, obtain from the Clerk, a copy of the deposition which is in his custody. A disposition may be considered by the trial judge on application.

It may be admitted in evidence if it is proved that the witness is dead, unable to attend or give evidence at the trial, prevented from so attending or does not give evidence at the trial through fear or intimidation.  It must be shown that the accused was present at the taking of the evidence and that the opportunity was given to cross-examine or re-examine the witness unless the court is of the opinion that doing so would not be in the interests of justice.