Special Criminal Court
OFFENCES AGAINST THE STATE ACT, 1939.
Special Criminal Courts.
Commencement and cesser of this Part of this Act.
35.—(1) This Part of this Act shall not come into or be in force save as and when and for so long as is provided by the subsequent sub-sections of this section.
(2) If and whenever and so often as the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order and that it is therefore necessary that this Part of this Act should come into force, the Government may make and publish a proclamation declaring that the Government is satisfied as aforesaid and ordering that this Part of this Act shall come into force.
(3) Whenever the Government makes and publishes, under the next preceding sub-section of this section, such proclamation as is mentioned in that sub-section, this Part of this Act shall come into force forthwith.
(4) If at any time while this Part of this Act is in force the Government is satisfied that the ordinary courts are adequate to secure the effective administration of justice and the preservation of public peace and order, the Government shall make and publish a proclamation declaring that this Part of this Act shall cease to be in force, and thereupon this Part of this Act shall forthwith cease to be in force.
(5) It shall be lawful for Dáil Eireann, at any time while this Part of this Act is in force, to pass a resolution annulling the proclamation by virtue of which this Part of this Act is then in force, and thereupon such proclamation shall be annulled and this Part of this Act shall cease to be in force, but without prejudice to the validity of anything done under this Part of this Act after the making of such proclamation and before the passing of such resolution.
(6) A proclamation made by the Government under this section shall be published by publishing a copy thereof in the Iris Oifigiúil and may also be published in any other manner which the Government shall think proper.
Scheduled offences.
36.—(1) Whenever while this Part of this Act is in force the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to offences of any particular class or kind or under any particular enactment, the Government may by order declare that offences of that particular class or kind or under that particular enactment shall be scheduled offences for the purposes of this Part of this Act.
(2) Whenever the Government has made under the foregoing sub-section of this section any such declaration as is authorised by that sub-section, every offence of the particular class or kind or under the particular enactment to which such declaration relates shall, until otherwise provided by an order under the next following sub-section of this section, be a scheduled offence for the purposes of this Part of this Act.
(3) Whenever the Government is satisfied that the effective administration of justice and the preservation of public peace and order in relation to offences of any particular class or kind or under any particular enactment which are for the time being scheduled offences for the purposes of this Part of this Act can be secured through the medium of the ordinary courts, the Government may by order declare that offences of that particular class or kindor under that particular enactment shall, upon the making of such order, cease to be scheduled offences for the purposes of this Part of this Act.
Attempting, etc., to commit a scheduled offence.
37.—In addition to the offences which are, by virtue of an order made under the next preceding section, for the time being scheduled offences for the purposes of this Part of this Act, each of the following acts, that is to say, attempting or conspiring or inciting to commit, or aiding or abetting the commission of, any such scheduled offence shall itself be a scheduled offence for the said purposes.
Establishment of Special Criminal Courts.
38.—(1) As soon as may be after the coming into force of this Part of this Act, there shall be established for the purposes of this Part of this Act, a court which shall be styled and known and is in this Act referred to as a Special Criminal Court.
(2) The Government may, whenever they consider it necessary or desirable so to do, establish such additional number of courts for the purposes of this Part of this Act as they think fit, and each court so established shall also be styled and known and is in this Act referred to as a Special Criminal Court.
(3) Whenever two or more Special Criminal Courts are in existence under this Act, the Government may, if and so often as they so think fit, reduce the number of such Courts and for that purpose abolish such of those existing Courts as appear to the Government to be redundant.
Constitution of Special Criminal Courts.
39.—(1) Every Special Criminal Court established under this Part of this Act shall consist of such uneven number (not being less than three) of members as the Government shall from time to time determine, and different numbers of members may be so fixed in respect of different Special Criminal Courts.
(2) Each member of a Special Criminal Court shall be appointed, and be removable at will, by the Government.
(3) No person shall be appointed to be a member of a Special Criminal Court unless he is a judge of the High Court or the Circuit Court, or a justice of the District Court, or a barrister of not less than seven years standing, or a solicitor of not less than seven years standing, or an officer of the Defence Forces not below the rank of commandant.
(4) The Minister for Finance may pay to every member of a Special Criminal Court such (if any) remuneration and allowancesas the said Minister may think proper, and different rates of remuneration and allowances may be so paid to different members of any such Court, or to the members of different such Courts.
(5) The Government may appoint such registrars for the purposes of any Special Criminal Court as they think proper, and every such registrar shall hold his office on such terms and conditions and shall receive such (if any) remuneration as the Minister for Finance shall from time to time direct.
Verdicts of Special Criminal Courts.
40.—(1) The determination of every question before a Special Criminal Court shall be according to the opinion of the majority of the members of such Special Criminal Court present at and taking part in such determination, but no member or officer of such Court shall disclose whether any such determination was or was not unanimous or, where such determination was not unanimous, the opinion of any individual member of such Court.
(2) Every decision of a Special Criminal Court shall be pronounced by such one member of the Court as the Court shall determine, and no other member of the Court shall pronounce or indicate his concurrence in or dissent from such decision.
Procedure of Special Criminal Courts.
41.—(1) Every Special Criminal Court shall have power, in its absolute discretion, to appoint the times and places of its sittings, and shall have control of its own procedure in all respects and, shall for that purpose make, with the concurrence of the Minister for Justice, rules regulating its practice and procedure and may in particular provide by such rules for the issuing of summonses, the procedure for bringing (in custody or on bail) persons before it for trial, the admission or exclusion of the public to or from its sittings, the enforcing of the attendance of witnesses, and the production of documents.
(2) A Special Criminal Court sitting for the purpose of the trial of a person, the making of any order, or the exercise of any other jurisdiction or function shall consist of an uneven number (not less than three) of members of such Court present at and taking part in such sitting.
(3) Subject and without prejudice to the provisions of the next preceding sub-section of this section, a Special Criminal Court may exercise any power, jurisdiction, or function notwithstanding one or more vacancies in the membership of such court.
(4) Subject to the provisions of this Act, the practice and procedure applicable to the trial of a person on indictment in the Central Criminal Court shall, so far as practicable, apply to the trial of a person by a Special Criminal Court, and the rules of evidence applicable upon such trial in the Central Criminal Court shall apply to every trial by a Special Criminal Court.
Authentication of orders of Special Criminal Courts.
42.—(1) Every order or other act of a Special Criminal Court shall be authenticated by the signature of a registrar of that Court.
(2) Every document which purports to be an order or other act of a Special Criminal Court and to be authenticated by the signature of a registrar of that Court shall be received in evidence in all Courts and be deemed to be an order or other act (as the case may require) of such Special Criminal Court without proof of the signature by which such order or act purports to be authenticated or that the person whose signature such signature purports to be was a registrar of the said Special Criminal Court.
Jurisdiction of Special Criminal Courts.
43.—(1) A Special Criminal Court shall have jurisdiction to try and to convict or acquit any person lawfully brought before that Court for trial under this Act, and shall also have the following ancillary jurisdictions, that is to say:—
(a) jurisdiction to sentence every person convicted by that Court of any offence to suffer the punishment provided by law in respect of such offence;
(b) jurisdiction, in lieu of or in addition to making any other order in respect of a person, to require such person to enter into a recognisance before such Special Criminal Court or before a justice of the District Court, in such amount and with or without sureties as such Special Criminal Court shall direct, to keep the peace and be of good behaviour for such period as that Court shall specify;
(c) jurisdiction to order the detention of and to detain in civil or military custody, or to admit to bail in such amount and with or without sureties as that Court shall direct, pending trial by that Court and during and after such trial until conviction or acquittal, any person sent, sent forward, transferred, or otherwise brought for trial by that Court;
(d) power to administer oaths to witnesses;
(e) jurisdiction and power to punish, in the same manner and in the like cases as the High Court, all persons whom such Special Criminal Court finds guilty of contempt of that Court or any member thereof, whether such contempt is or is not committed in the presence of that Court;
(f) power, in relation to recognisances and bail bonds entered into before such Special Criminal Court, to estreat such recognisances and bail bonds in the like manner and in the like cases as the District Court estreats recognisances and bail bonds entered into before it.
(2) The provisions of this Part of this Act in relation to the carrying out of sentences of imprisonment pronounced by Special Criminal Courts and the regulations made under those provisions shall apply and have effect in relation to the carrying out of orders made by Special Criminal Courts under the foregoing sub-section of this section for the detention of persons in custody, whether civil or military.
Appeal to Court of Criminal Appeal.
44.—(1) A person convicted by a Special Criminal Court of any offence or sentenced by a Special Criminal Court to suffer any punishment may appeal to the Court of Criminal Appeal from such conviction or sentence if, but only if, either he obtains from that Special Criminal Court a certificate that the case is a fit case for appeal or, where such Special Criminal Court refuses to grant such certificate, the Court of Criminal Appeal on appeal from such refusal grants to such person leave to appeal under this section.
(2) Sections 28 to 30 and sections 32 to 35 of the Courts of Justice Act, 1924 (No. 10 of 1924), and sections 5 , 6 , and 7 of the Courts of Justice Act, 1928 (No. 15 of 1928), shall apply and have effect in relation to appeals under this section in like manner as they apply and have effect in relation to appeals under section 31 of the Courts of Justice Act, 1924 .
Proceedings in the District Court in relation to scheduled offences.
45.—(1) Whenever a person is brought before a justice of the District Court charged with a scheduled offence which such justice has jurisdiction to dispose of summarily, such justice shall, if the Attorney-General so requests, send such person (in custody or on bail) for trial by a Special Criminal Court on such charge.
(2) Whenever a person is brought before a justice of the District Court charged with a scheduled offence which is an indictable offence and such justice receives informations in relation to such charge and sends such person forward for trial on such charge, such justice shall (unless the Attorney-General otherwise directs) send such person forward in custody or, with the consent of the Attorney-General, at liberty on bail for trial by a Special Criminal Court on such charge.
(3) Where under this section a person is sent or sent forward in custody for trial by a Special Criminal Court, it shall be lawful for the High Court, on the application of such person, to allow him to be at liberty on such bail (with or without sureties) as the High Court shall fix for his due attendance before the proper Special Criminal Court for trial on the charge on which he was so sent forward.
Proceedings in the District Court in relation to non-scheduled offences.
46.—(1) Whenever a person is brought before a justice of the District Court charged with an offence which is not a scheduled offence and which such justice has jurisdiction to dispose of summarily, such justice shall, if the Attorney-General so requests and certifies in writing that the ordinary courts are in his opinion inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of such person on such charge, send such person (in custody or on bail) for trial by a Special Criminal Court on such charge.
(2) Whenever a person is brought before a justice of the District Court charged with an indictable offence which is not a scheduled offence and such justice receives informations in relation to such charge and sends such person forward for trial on such charge, such justice shall, if an application in this behalf is made to him by or on behalf of the Attorney-General grounded on the certificate of the Attorney-General that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of such person on such charge, send such person forward in custody or, with the consent of the Attorney-General, at liberty on bail for trial by a Special Criminal Court on such charge.
(3) Where under this section a person is sent or sent forward in custody for trial by a Special Criminal Court, it shall be lawful for the High Court, on the application of such person, to allow him to be at liberty on such bail (with or without sureties) as the High Court shall fix for his due attendance before the proper Special Criminal Court for trial on the charge on which he was so sent forward.
Charge before Special Criminal Court in lieu of District Court.
47.—(1) Whenever it is intended to charge a person with a scheduled offence, the Attorney-General may, if he so thinks proper, direct that such person shall, in lieu of being charged with such offence before a justice of the District Court, be brought before a Special Criminal Court and there charged with such offence and, upon such direction being so given, such person shall be brought before a Special Criminal Court and shall be charged before that Court with such offence and shall be tried by such Court on such charge.
(2) Whenever it is intended to charge a person with an offence which is not a scheduled offence and the Attorney-General certifies that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of such person on such charge, the foregoing sub-section of this section shall apply and have effect as if the offence with which such person is so intended to be charged were a scheduled offence.
(3) Whenever a person is required by this section to be brought before a Special Criminal Court and charged before that Court with such offence, it shall be lawful for such Special Criminal Court to issue a warrant for the arrest of such person and the bringing of him before such Court and, upon the issue of such warrant, it shall be lawful for such person to be arrested thereunder and brought in custody before such Court.
Transfer of trials from ordinary Courts to a Special Criminal Court.
48.—Whenever a person charged with an offence has been sent forward by a justice of the District Court for trial by the Central Criminal Court or the Circuit Court on such charge, then and in every such case the following provisions shall have effect, that is to say:—
(a) if the Attorney-General certifies that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of such person on such charge, the Attorney-General shall cause an application, grounded on his said certificate, to be made on his behalf to the High Court for the transfer of the trial of such person on such charge to a Special Criminal Court, and on the hearing of such application the High Court shall make the order applied for, and thereupon such person shall be deemed to have been sent forward to a Special Criminal Court for trial on such charge;
(b) whenever the High Court has made, under the next preceding paragraph of this sub-section, such order as is mentioned in that paragraph, the following provisions shall have effect, that is to say:—
(i) a copy of such order shall be served on such person by a member of the Gárda Síochána,
(ii) a copy of such order shall be sent to the appropriate county registrar,
(iii) such person shall be brought before a Special Criminal Court for trial at such time and place as that Court shall direct,
(iv) if such person is in custody when such order is made, he may be detained in custody until brought before such Special Criminal Court for trial,
(v) if such person is at liberty on bail when such order is made, such bail shall be deemed to be for his attendance before a Special Criminal Court for trial at such time and place as that Court shall direct and, if he fails so to attend before the said Court, he shall be deemed to have broken his bail and his bail bond shall be estreated accordingly.
Selection of the Special Criminal Court by which a person is to be tried.
49.—Where a person is (in the case of an offence triable summarily) sent or (in the case of an indictable offence) sent forward by a justice of the District Court to a Special Criminal Court for trial or the trial of a person is transferred under this Act to a Special Criminal Court or a person is to be charged before and tried by a Special Criminal Court, such of the following provisions as are applicable shall have effect, that is to say:—
(a) where a person is so sent or sent forward, the justice shall not specify the particular Special Criminal Court to which he sends or sends forward such person for trial;
(b) where the trial of a person is so transferred, the order effecting such transfer shall not specify the particular Special Criminal Court to which such trial is transferred;
(c) if only one Special Criminal Court is in existence under this Act at the time of such sending or sending forward or such transfer (as the case may be), such sending, sending forward, or transfer shall be deemed to be to such one Special Criminal Court;
(d) if only one Special Criminal Court is in existence under this Act when such person is to be so charged and tried, such person shall be charged before and tried by that Special Criminal Court;
(e) if two or more Special Criminal Courts are in existence under this Act at the time of such sending or sending forward or such transfer or such charging (as the case may be), it shall be lawful for the Attorney-General to cause an application to be made on his behalf to such Special Criminal Court as he shall think proper for an order that such person be tried by or charged before and tried by that Court and thereupon the said Court shall make the order so applied for;
(f) upon the making of the order mentioned in the next preceding paragraph of this section, whichever of the following provisions is applicable shall have effect, that is to say:—
(i) such person shall be deemed to have been sent or sent forward for trial by the Special Criminal Court which made the said order and all persons concerned shall act accordingly, or
(ii) the trial of such person shall be deemed to have been transferred to the said Special Criminal Court and all persons concerned shall act accordingly, or
(iii) such person shall be charged before and tried by the said Special Criminal Court and all persons concerned shall act accordingly.
Orders and sentences of Special Criminal Courts.
50.—(1) Save as shall be otherwise provided by regulations made under this section, every order made or sentence pronounced by a Special Criminal Court shall be carried out by the authorities and officers by whom, and in the like manner as, a like order made or sentence pronounced by the Central Criminal Court is required by law to be carried out.
(2) Every order, conviction, and sentence made or pronounced by a Special Criminal Court shall have the like consequences in law as a like order, conviction, or sentence made or pronounced by the Central Criminal Court would have and, in particular, every order made and every sentence pronounced by a Special Criminal Court shall confer on the persons carrying out the same the like protections and immunities as are conferred by law on such persons when carrying out a like order made or a like sentence pronounced by the Central Criminal Court.
(3) The Minister for Justice may make regulations in relation to the carrying out of sentences of penal servitude or of imprisonment pronounced by Special Criminal Courts and the prisons and other places in which persons so sentenced shall be imprisoned and the maintenance and management of such places, and the said Minister may also, if he so thinks proper, make by writing under his hand such special provision as he shall think fit in relation to the carrying out of any such sentence in respect of any particular individual, including transferring to military custody any particular individual so sentenced.
(4) The Minister for Defence may make regulations in relation to the places and the manner generally in which persons transferred to military custody under the next preceding sub-section of this section shall be kept in such custody, and the said Minister may also, if he so thinks proper, make by writing under his hand such special provision as he shall think fit in respect of the custody of any particular such person.
Standing mute of malice and refusal to plead, etc.
51.—(1) Whenever a person brought before a Special Criminal Court for trial stands mute when called upon to plead to the charge made against him, that Court shall hear such evidence (if any) relevant to the issue as to whether such person stands mute of malice or by the visitation of God as may then and there be adduced before it, and
(a) if that Court is satisfied on such evidence that such person is mute by the visitation of God, all such consequences shall ensue as would have ensued if such person had been found to be so mute by a Judge sitting in the Central Criminal Court, and
(b) if that Court is not so satisfied or if no such evidence is adduced, that Court shall direct a plea of “not guilty” to be entered for that person.
(2) Whenever a person brought before a Special Criminal Court for trial fails or refuses in any way, other than standing mute, to plead to the charge made against him when called upon to do so, that Court shall (without prejudice to its powers under the next following sub-section of this section) direct a plea of “not guilty” to be entered for such person.
(3) Whenever a person at any stage of his trial before a Special Criminal Court by any act or omission refuses to recognise the authority or jurisdiction of that Court, or does any act (other than lawfully objecting in due form of law to the jurisdiction of that Court to try him) which, in the opinion of that Court, is equivalent to a refusal to recognise that Court, or the authority or jurisdiction thereof, such person shall be guilty of contempt of that Court and may be punished by that Court accordingly.
Examination of detained persons.
52.—(1) Whenever a person is detained in custody under the provisions in that behalf contained in Part IV of this Act, any member of the Gárda Síochána may demand of such person, at any time while he is so detained, a full account of such person’s movements and actions during any specified period and all information in his possession in relation to the commission or intended commission by another person of any offence under any section or sub-section of this Act or any scheduled offence.
(2) If any person, of whom any such account or information as is mentioned in the foregoing sub-section of this section is demanded under that sub-section by a member of the Gárda Síoehána, fails or refuses to give to such member such account or any such information or gives to such member any account or information which is false or misleading, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months.
Immunities of members, etc., of Special Criminal Courts.
53.—(1) No action, prosecution, or other proceeding, civil or criminal, shall lie against any member of a Special Criminal Court in respect of any order made, conviction or sentence pronounced, or other thing done by that Court or in respect of anything done by such member in the course of the performance of his duties or the exercise of his powers as a member of that Court or otherwise in his capacity as a member of that Court, whether such thing was or was not necessary to the performance of such duties or the exercise of such powers.
(2) No action or other proceeding for defamation shall lie against any person in respect of anything written or said by him in giving evidence, whether written or oral, before a Special Criminal Court or for use in proceedings before a Special Criminal Court.
(3) No action, prosecution, or other proceeding, civil or criminal, shall lie against any registrar, clerk, or servant of a Special Criminal Court in respect of anything done by him in the performance of his duties as such registrar, clerk, or servant, whether such thing was or was not necessary to the performance of such duties.
S.I. No. 266/1939 –
Offences Against The State Act, 1939. Rules of Special Criminal Court, 1939.
STATUTORY RULES AND ORDERS. 1939. No. 266.
OFFENCES AGAINST THE STATE ACT, 1939. RULES OF SPECIAL CRIMINAL COURT, 1939.
Rules of Special Criminal Court established by Order of the Government made on the 24th day of August, 1939.
WHEREAS it is enacted by sub-section (1) of Section 38 of the Offences Against the State Act, 1939 (No. 13 of 1939), that as soon as may be after coming into force of Part V of the said Act, there shall be established for the purposes of that Part of the said Act a Court which shall be styled and known and is in the said Act referred to as a Special Criminal Court ;
AND WHEREAS a Special Criminal Court was established on the 24th day of August, 1939 ;
AND WHEREAS it is enacted by sub-section (1) of Section 41 of the Offences Against the State Act, 1939 , that every Special Criminal Court shall have powers, in its absolute discretion, to appoint the times and places of its sittings, and shall have control of its own procedure in all respects and, shall for that purpose make, with the concurrence of the Minister for Justice, rules regulating its practice and procedure and may in particular provide by such rules for the issuing of summonses, the procedure for bringing (in custody or on bail) persons before it for trial, the admission or exclusion of the public to or from its sittings, the enforcing of the attendance of witnesses, and the production of documents.
NOW, THEREFORE, the Special Criminal Court established on the 24th day of August, 1939, in pursuance of the power vested in it hereby makes, with the concurrence of the Minister for Justice, the following Rules :—
Dated the 2nd day of October, 1939.
(Signed)
F. BENNETT, Col.,
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Members of Special Criminal Court.
D. McKENNA, Col.,
J. V. JOYCE, Major,
C. WHELAN, Major,
PATRICK TUITE, Major,
I concur in the making of these Rules.
Dated the 3rd day of October, 1939.
GERALD BOLAND,
Minister for Justice.
RULES.
INTERPRETATION OF RULES.
1 Citation
1. These Rules may be cited as ” Rules of Special Criminal Court established on the 24th day of August, 1939 “.
2 Definitions
2. (a) The expression ” the Act ” means the Offences Against the State Act, 1939 .
The expression ” the Court ” means the Special Criminal Court established by Order of the Government made on the 24th day of August, 1939.
The expression ” the Registrar ” means the Registrar of the said Court.
The expression ” official stenographer ” means the person or persons appointed from time to time as such for the purpose of Section 33 of the Courts of Justice Act, 1924 , as applied by section 44 of the act.
The word ” exhibits ” includes all books, papers and documents, and all other property, matters and things whatsoever connected with the trial by the Court of any person if the same have been transmitted to the Court or have been produced and used in evidence during such trial or on any application made to the Court in reference to any such trial or intended trial and any written statement handed into the Court by such person but shall not include the original depositions of witnesses examined before the Justice of the District Court nor any indictment against any such person.
(b) The Interpretation Act, 1937 , shall apply to the interpretation of these Rules in like manner as it applies to the interpretation of an Act of the Oireachtas.
3 Sittings of the Court
3. Sittings of the Court shall be held at such places and at such times as may be decided by the Court.
4 Notice of sittings of the Court
4. The Registrar shall give notice of the place and time of each sitting of the Court to the Chief State Solicitor and to persons to be tried at such sitting. If a person for trial is represented by a Solicitor, the Registrar may also give such notice to the Solicitor of such person.
5 Abridgement and extension of time and adjournment
5. The Court may abridge or extend the time for doing any act and may adjourn the hearing of any trial or application to the Court or postpone verdict and sentence as it shall think fit.
6 Admission of public to Sittings of the Court
6. Save Counsel and Solicitors appearing for the Attorney-General and for a person on trial, no person shall have access to or be or remain in the place where the Court is sitting without leave of the Court.
7 Sending or sending forward persons for trial
7. (1) Where a person charged with an offence is sent or sent forward for trial by the Court by a Justice of the District Court, the Justice shall transmit or cause his Clerk to transmit to the Registrar every information, complaint, deposition, statement, exhibit and recognisance relating to the offence together with a certified copy of the order of the Justice signed by him sending or sending forward such person for trial at latest within seven days from the making of such order.
(2) The Clerk to such Justice shall transmit to the Registrar a Schedule of Exhibits prepared in accordance with Rule 33 of the District Court Rules.
8 Transfer of trials from ordinary Courts to Special Criminal Court
8. (1) Where a person charged with an offence has been sent forward by a Justice of the District Court for trial by the Central Criminal Court or the Circuit Court on such charge and the High Court makes an order for the transfer of the trial of such person on such charge to the Court the appropriate County Registrar shall transmit to the Registrar all documents and exhibits in his custody relating to the trial of such person on such charge together with the indictment (if any) which shall have been filed with him relating to such trial.
(2) In any such case the Chief State Solicitor shall file with the Registrar a certified copy of the order of the High Court within seven days of the making thereof.
9 Indictments
9. (1) In cases of indictable offences the Chief State Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged and the provisions of the Criminal Justice (Administration) Act, 1924 , shall, with the necessary modifications, apply to every such indictment.
(2) In any such case the provisions as to indictments contained in the Criminal Justice (Administration) Act, 1924 , shall, with all necessary modifications, apply.
10 Forms
10. (1) The forms set out in the Schedule to these Rules, or forms as near thereto as circumstances permit, shall be used in the cases to which such forms are applicable.
(2) The heading of all forms and notices and of indictments shall be as follows:—
OFFENCES AGAINST THE STATE ACT, 1939 .
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939.
and shall be entitled : The People at the suit of the Attorney-General v.__________ (defendant).
11 Copy of indictment for accused person
11. Where, in the case of an indictable offence,
(a) a person is sent forward for trial by the Court by a Justice of the District Court, or
(b) where the High Court has under the Act transferred the trial of any person to the Court, or
(c) where a person is brought before the Court under section 47 of the act,
such person shall be entitled, on applying therefor to the Registrar, to receive from the Registrar a copy of the indictment free of charge.
12 Copies of depositions for accused persons
12. Where, in the case of an indictable offence,
(a) a person is sent forward for trial by the Court, or
(b) the High Court has under the Act transferred the trial of any person to the Court or
(c) a person is brought before the Court under section 47 of the act,
such person shall be entitled on applying therefor to obtain from the Registrar copies of the depositions relating to the offences for which he is charged on payment of the sum of 4d. for every folio of 72 words, and at the rate of 2d. for every folio of 72 words in the case of additional copies, provided that on the application of such person the Court may in its discretion on the ground of lack of means where a person is charged with an offence involving sentence of death order that such copies shall be supplied by the Registrar free of charge.
13 Summary of evidence
13. Where in the case of an offence triable summarily
(a) a person is sent for trial by the Court or
(b) a person is brought before the Court under section 47 of the act,
the Chief State Solicitor shall furnish to such person a list of the charges to be preferred against him together with a summary of the evidence to be given at his trial, and such summary shall not preclude the production of such further evidence as may beadduced by the prosecution at such trial ; but where any such person is also to be tried by the Court for an indictable offence and the facts constituting or the evidence in support of such indictable offence are the same as or are closely related to the offence for which such person is to be tried summarily it shall not be necessary to furnish to such person any summary of evidence unless the Court directs a summary of evidence to be furnished.
14 Assignment of legal aid
14. Where a person is charged with an offence involving sentence of death the Court may in its discretion on the ground of lack of means assign to him such legal aid by way of Counsel and Solicitor including Senior Counsel as may appear to the Court to be required for his defence and thereafter the practice and procedure relating to assignments at the trial of a person on indictment at the Central Criminal Court shall apply.
15 Production of accused person from custody
15. The Governor of the Prison in which a person sent, sent forward or transferred to the Court for trial, is detained, shall, on receipt of a body warrant (Form I) produce the said person on the day, at the place and at the hour set out in such warrant.
16 Attendances of accused person on bail
16. (1) Where a person has been sent, sent forward or transferred for trial by the Court on bail and has been served with a Notice (Form II) as to the date, time and place of the sitting of the Court for his trial he shall surrender himself accordingly to such persons as the Court shall, from time to time, direct, and thereupon shall be searched by them, and shall be detained in custody or released on bail as the Court shall direct.
(2) The Notice referred to in the preceding sub-paragraph shall be served by a member of An Gárda Síochána and the service shall be personal service unless the Court shall otherwise direct. The proof of service of such Notice shall be given in the same manner as is provided by these Rules for proof or service of a witness summons.
(3) Where such person having been duly served with such Notice fails so to surrender himself for his trial as required by this Rule the Court may issue a warrant (Form III) for the apprehension of such person and his detention in prison pending his trial or until further order of the Court, and may estreat his recognisances where the same have been entered into under Section 43 (1) (f) or Section 48 (b) (v) of the Act.
17 Procedure under Section 47 of the Act
17. (1) Where under section 47 of the act—
(a) the Attorney-General directs that a person intended to be charged with a scheduled offence, shall be brought before the Court and there charged with such offence, or
(b) the Attorney-General certifies that the ordinary Courts are in his opinion inadequate to secure the effective administration of justice and the preservation of public orderin relation to the trial of a person whom it is intended to charge with an offence which is not a scheduled offence and the Attorney-General then directs that such person whom it is intended to charge with such offence shall be brought before the Court and there charged with such offence,
the Court may, on information or evidence relating to any such offence being given to or before it, order the issue of a warrant (in such variation of Form IV as is applicable) for the arrest of such person and the bringing of him in custody before the Court.
(2) Where a person has been arrested and brought in custody before the Court under section 47 of the act the Court may by warrant (Form V) commit him to prison to be there kept until his trial for the offence with which he is charged or admit him to bail in such recognisances and with such sureties as the Court shall direct, conditioned to surrender for his trial by the Court as the Court shall direct, and thereupon the provisions of Rules 15 and 16 shall apply mutatis mutandis.
18 Committal pending adjournment of trial
18. Upon the adjournment by the Court of the trial of any person or the postponement of verdict or sentence the Court may by warrant (Form VI) order the detention of such person in custody pending and until the date of the adjourned hearing of such trial or such postponement.
19 Attendance of witnesses
19. (1) Whenever it shall be made to appear to the Registrar that any person is able to give material evidence either for the prosecution or the defence on any trial the Registrar may issue a summons (Form VII) to such person requiring him to attend at a time and place mentioned in such summons to give evidence on such trial and to produce on such trial such accounts, papers or other documents as shall be in his possession or powers of procurement and as shall be deemed necessary by the Registrar; but whenever the Court shall be satisfied by evidence upon oath that it is probable that such person will not attend to give evidence without being compelled to do so, the Court may issue a warrant (Form VIII) to arrest such person and to bring him to give evidence on such trial and to produce such accounts, papers and documents as may be required.
(2) When a person to whom such a summons has been issued fails to comply with the requirements of such summons, then upon proof of service of the summons or on being satisfied on evidence on oath that such person is evading service thereof the Court may issue the like warrant as is provided for by the preceding sub-paragraph of this Rule.
20 Service of witness summons
20. (1) The summons for a witness shall be served by a member of An Gárda Síochána and shall be served upon the person to whom it is directed by delivering to him a copy of such summons or byleaving such copy for him at his last or more usual place of abode or at his office or place of business with the husband, wife, child, parent, brother, sister or any other relation of such person or with his agent, clerk or servant, not being under the age of sixteen years, and such last mentioned service shall be deemed sufficient except where personal service shall be specially required by the Court.
(2) For the purposes of this Rule the expression “person” shall be deemed to include a corporation.
21 Proof of service of witness summons
21. Proof of service of a summons on a witness may be given by statutory declaration (Form IX) of the person effecting the service, made before a person authorised by law to take and receive statutory declarations. Such declaration shall be endorsed upon the back of the original summons and shall be exempt from stamp duty. Provided always that the Court may require the person who has effected service of such summons to attend before the Court to give evidence touching such service.
22 Procedure at trials
22. (1) The members of the Court will take their seats in order of seniority, the senior member present acting as President of the Court.
(2) The Court may direct that no witness shall remain in Court while the evidence of another witness is being given and may make provision for the separation of witnesses from each other.
(3) When an accused person is not defended he shall, at the close of the case for the prosecution be informed by the President of the Court that—
(a) he may give evidence in his defence on oath and would then be liable to be cross-examined and to be questioned by the Court, or
(b) he may make a statement not on oath and would then not be liable to be cross-examined or to be questioned by the Court, or
(c) he may make no statement.
An accused person shall also be informed that he may address the Court in his defence and may call witnesses in his defence.
23 Official stenographer
23. (1) An official stenographer appointed for the purposes of the Act by the Minister for Justice shall sign the shorthand note taken by him of any trial or proceeding in the Court or of any part of such trial or proceeding and shall certify the same to be a complete and correct shorthand note thereof, and shall lodge the same with the Registrar.
(2) For the purposes of section 44 of the act the shorthand note of the official stenographer shall consist of the evidence and any objection taken in the course thereof, any statement made by the accused person and the sentence of the Court, but unless otherwise ordered by the Court shall not include any part of the speeches of Counsel or Solicitor.
24 Recognisances
24. Every recognisance entered into before the Court shall be in accordance with the Form in the Schedule hereto (Form X) or in such similar form as the circumstances require.
25 Duties of Registrar
25. (1) The Registrar shall keep custody of all documents transmitted to or received by him in his capacity as Registrar and all exhibits directed by the Court to be retained by him.
(2) The Registrar shall keep a register containing particulars of all cases for trial by the Court.
26 Office of Registrar
26. The office of the Registrar shall be at Collins Barracks, Dublin, or such other place as shall be fixed by the Court
27 Non-compliance with rules
27. Non-compliance with these Rules shall not invalidate any order of the Court nor any proceedings by or in the Court, and it shall be sufficient if the practice and procedure adopted on the trial by the Court of any person conform, so far as practicable, with the practice and procedure applicable to the trial of a person on indictment in the Central Criminal Court.
Form I.
SCHEDULE OF FORMS.
OFFENCES AGAINST THE STATE ACT, 1939 .
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939.
BODY WARRANT.
(Title)
To the Governor of…………………… Prison.
Send to ………………………… in custody, the body of the said ………………………….. (defendant) committed on the …………… day of ………………………… 19 …… for trial by this Court on the …………… day of ……………………… 19 …… at ………… o’clock in the ………… noon.
By Order of the Court.
Dated this ………… day of …………………………… 19 ……
(Signed) ……………………………..
Registrar,
Special Criminal Court.
Form II.
OFFENCES AGAINST THE STATE ACT, 1939 .
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939.
NOTICE TO ACCUSED PERSON ON BAIL TO ATTEND FOR TRIAL.
(Title)
To the said ………………………… (defendant).
Take notice that you are hereby required to attend for your trial at the sitting of the Court to be held at ……………………… on the …………… day of ……………………… 19 ……, at ……… o’clock in the ………… noon, and there to surrender yourself to such person as the Court shall direct.
By Order of the Court.
Dated this ………… day of …………………………… 19 ……
(Signed) ………………………………
Registrar,
Special Criminal Court
Form III.
OFFENCES AGAINST THE STATE ACT, 1939 .
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939.
WARRANT FOR ARREST OF PERSON ON BAIL.
(Title)
To/
An Gárda Síochána and the Governor of ………………… Prison.
Whereas Part V of the Offences Against the State Act, 1939 , is now in force by virtue of an Order made by the Government on the 22nd day of August, 1939;
And whereas a Special Criminal Court was established by an Order made by the Government on the 24th day of August, 1939.
And whereas the said ………………………. (defendant) was sent (sent forward) (transferred) for trial by this Court on bail;
or
And whereas the said …………………………… (defendant) was brought before this Court under Section 47 of the said Act and was admitted by the Court to bail pending trial.
And whereas due notice was served upon the said ………………… (defendant) of the date, time and place of his trial.
And whereas the said …………………………… (defendant) has failed to surrender himself for his trial in accordance with the aforesaid notice.
This is therefore to command you to whom this Warrant is addressed forthwith to apprehend the said ………………………… (defendant) and to bring him to the Governor of the said Prison and there deliver him with this Warrant into the custody of the said Governor and you the said Governor are hereby required to receive the said …………………………… (defendant) into your custody in the said Prison and there safely to keep him until further order of this Court.
By Order of the Court.
Dated this ………… day of …………………………… 19 ……
(Signed) ………………………………
Registrar,
Special Criminal Court.
Form IV.
OFFENCES AGAINST THE STATE ACT, 1939 .
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939.
WARRANT TO ARREST UNDER SECTION 47.
(Title)
To/
An Gárda Síochána.
Whereas Part V of the Offences against the State Act, 1939 , is now in force by virtue of an Order made by the Government on the 22nd day of August, 1939;
And whereas a Special Criminal Court was established by an Order made by the Government on the 24th day of August, 1939;
And whereas it is intended to charge ……………………………… (defendant) with a scheduled offence and the Attorney-General has directed that the said ……………………………… (defendant) be brought before this Court to be charged with a scheduled offence in accordance with Section 47 of the above mentioned Act;
or
And whereas it is intended to charge……………………………… (defendant) with an offence which is not a scheduled offence and the Attorney-General has certified that the ordinary courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of……………………………… (defendant) on such charge and the Attorney-General has directed that the said……………………… (defendant) be brought before this Court to be charged with an offence which is not a scheduled offence in accordance with Section 47 of the above mentioned Act;
This is, therefore, to command you, to whom this Warrant is addressed, to arrest the said……………………………… (defendant) and to bring him before this Court to be charged with the said offence.
By order of the Court.
Dated the…………day of………………….. 19…….
(Signed) ……………………………………
……………………………………
Registrar,
Special Criminal Court.
Form V.
OFFENCES AGAINST THE STATE ACT, 1939 .
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939.
COMMITTAL WARRANT UNDER SECTION 47.
(Title)
To/
An Gárda Síochána,
and the Governor of………………………… Prison.
Whereas Part V of the Offences Against the State Act, 1939 , is now in force by virtue of an Order made by the Government on the 22nd day of August, 1939;
And whereas a Special Criminal Court was established by an Order made by the Government on the 24th day of August, 1939;
And whereas the said……………………………… (defendant) by direction of the Attorney-General was brought before this Court in custody on the ………………day of………………………… 19……, and was thereupon charged with a scheduled offence in accordance with Section 47 of the above mentioned Act;
or
And whereas the Attorney-General having certified that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of ……………………………… (defendant), the said ……………………………… (defendant) by direction of the Attorney-General was brought before this Court in custody on the ……………… day of ………………………… 19……, and was thereupon charged with an offence which is not a scheduled offence in accordance with Section 47 of the above mentioned Act;
And whereas the trial of the said……………………………… (defendant) for the said offence has been fixed for the ……………… day of …………………………… 19……, at ………… o’clock in the ………… noon at ………………………………;
This is, therefore, to command you, to whom this warrant is addressed, to lodge the said ……………………………… (defendant) in ………………………… Prison there to be detained by you the Governor the said Prison until his trial for the said offence, and he shall be discharged in due course of law.
By Order of the Court.
Dated the ………… day of ………………………… 19…….
(Signed) ……………………………………
Registrar,
Special Criminal Court.
FORM VI.
OFFENCES AGAINST THE STATE ACT, 1939 .
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24th DAY OF AUGUST, 1939.
COMMITTAL WARRANT PENDING ADJOURNMENT OF TRIAL.
(Title)
To/
An Gárda Síochána and the Governor of …………….. Prison.
Whereas Part V of the Offences Against the State Act, 1939 , is now in force by virtue of an Order made by the Government on the 22nd day of August, 1939;
And whereas a Special Criminal Court was established by an Order made by the Government on the 24th day of August, 1939.
And whereas the said ……………….. (defendant) was sent (sent forward) (transferred) (brought under Section 47 of the above-mentioned Act) for trial by this Court.
/images/v32p0094a.jpg
And wheras the trial by this Court of the said …………… (defendant) was begun on the ………. day of ……………….. 19….., and has not concluded and has been adjourned until the …………. day of ………………………. 19……, at …….. o’clock in the ……….. noon at …………………………………
/images/v32p0094a.jpg
And wheras the trial by this Court of the said …………… (defendant) was begun on the ………. day of ……………….. 19….., and has concluded but verdict and sentence have been postponed until the …………. day of ………………………. 19……, at …….. o’clock in the ……….. noon at …………………………………
This is therefore to command you to whom this Warrant is addressed to lodge the said …………………… (defendant) in ………………. Prison there to be detained by you the Governor of the said Prison until the above time of ]adjournment of his trial] ]postponement of verdict and sentence] when you shall have him before this Court at the above place.
By Order of the Court.
Dated the ………… day of …………………………… 19 ……
(Signed) ………………………………
Registrar,
Special Criminal Court.
Form VII.
OFFENCES AGAINST THE STATE ACT, 1939 .
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24th DAY OF AUGUST, 1939.
WITNESS SUMMONS.
(Title)
Whereas the said ……………………………… (defendant) will be tried for (a) certain offence(s) under the above-mentioned Act by this Court at ………………………………… on the ………… day of ……………………………… 19 ……, at …………… o’clock in the …………… noon.
And whereas it has been made to appear to me that you are able to give material evidence on such trial.
This is therefore to command you to attend as a witness on the said trial before this Court at the time and place above-mentioned and so from day to day until the said trial shall be concluded.
And to bring with you and then and there produce …………… ……………………………………
By Order of the Court.
Dated the ……… day of ……………………………19 ……
(Signed) ………………………………
Registrar,
Special Criminal Court.
To/
…………………………
of
…………………………
Form VIII.
OFFENCES AGAINST THE STATE ACT, 1939 .
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24th DAY OF AUGUST, 1939.
WARRANT FOR ARREST OF WITNESS.
(Title)
To/
An Gárda Síochána.
Whereas Part V of the Offences Against the State Act, 1939 , is now in force by virtue of an Order made by the Government on the 22nd day of August, 1939;
And whereas a Special Criminal Court was established by an Order made by the Government on the 24th day of August, 1939;
And whereas the said ………………………… (defendant) will be tried for (a) certain offence(s) under the above-mentioned Act by this Court at ……………………………… on the …………… day of ……………………………… 19 …… at …………… o’clock in the ……………noon.
And whereas this Court has been satisfied by evidence upon oath that X Y of ……………………………… is able to give material evidence on such trial but that it is probable that the said X Y will not attend to give evidence without being compelled to do so.
[And whereas a Witness Summons was duly served upon the said X Y but he has failed to comply with the requirements of such summons.]
[And whereas a Witness Summons was issued for the attendance before the Court of the said X Y and this Court is satisfied that the said X Y is evading service of the said Summons.]
This is therefore to command you to whom this Warrant is addressed to arrest the said X Y and to bring him before the Court at the time and place aforesaid to give evidence before this Court in the said trial.
By Order of the Court.
Dated the ………… day of ……………………………… 19 ……
(Signed) …………………………
Registrar,
Special Criminal Court.
Form IX.
STATUTORY DECLARATION AS TO SERVICE OF SUMMONS OR NOTICE.
I …………………………………………………… …………………… do solemnly and sincerely declare that I duly served the within Summons (Notice) on the …………… day of ………………………… 19 ……, by (state mode of service).
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act; 1938.
(Signed) ………………………………
Declared before me by ………………………………………… who is personally known to be (or, who is identified to me by ……………………………………… who is personally known to me), at …………………………………………………… ……………………… this …………… day of …………………….., 19…….
……………………
……………………
Form X.
OFFENCES AGAINST THE STATE ACT, 1939 .
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24th DAY OF AUGUST, 1939.
RECOGNISANCE.
(Title)
Be it remembered that on the ………… day of …………………… 19 …….
A.B., of …………………………………… (address and description)
C.D., of …………………………………… (address and description)
and
E.F., of …………………………………… (address and description) personally came before this Court and severally acknowledged themselves to owe the People the several sums following, that is to say, the said A.B. the sum of ………………, the said C.D. and E.F. the sum of ……………… each, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of the Minister for Finance, if he the said A.B. fail in the condition endorsed.
Taken and acknowledged before the Court at …………………… the day and year first above mentioned.
Signed)
/images/v32p0098.jpg
Registrar,
Special Criminal Court.
The condition of the within recognisance is if he the said A.B. shall …………………………………………
Then this recognisance to be void, or else to stand in full force and effect.
OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1972
AN ACT TO AMEND AND EXTEND THE OFFENCES AGAINST THE STATE ACTS, 1939 AND 1940. [3rd December, 1972]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definition.
1.—In this Act “the Act of 1939” means the Offences against the State Act, 1939 .
Power to question person found near place of commission of scheduled offence.
2.—Where a member of the Garda Síochána—
(a) has reasonable grounds for believing that an offence which is for the time being a scheduled offence for the purposes of Part V of the Act of 1939 is being or was committed at any place,
(b) has reasonable grounds for believing that any person whom he finds at or near the place at the time of the commission of the offence or soon afterwards knows, or knew at that time, of its commission, and
(c) informs the person of his belief as aforesaid,
the member may demand of the person his name and address and an account of his recent movements and, if the person fails or refuses to give the information or gives information that is false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.
Evidence of membership of unlawful organisation.
3.—(1) (a) Any statement made orally, in writing or otherwise, or any conduct, by an accused person implying or leading to a reasonable inference that he was at a material time a member of an unlawful organisation shall, in proceedings under section 21 of the Act of 1939, be evidence that he was then such a member.
(b) In paragraph (a) of this subsection “conduct” includes omission by the accused person to deny published reports that he was a member of an unlawful organisation, but the fact of such denial shall not by itself be conclusive.
(2) Where an officer of the Garda Síochána, not below the rank of Chief Superintendent, in giving evidence in proceedings relating to an offence under the said section 21, states that he believes that the accused was at a material time a member of an unlawful organisation, the statement shall be evidence that he was then such a member.
(3) Subsection (2) of this section shall be in force whenever and for so long only as Part V of the Act of 1939 is in force.
Statements, meetings etc., constituting interference with the course of justice.
4.—(1) (a) Any public statement made orally, in writing or otherwise, or any meeting, procession or demonstration in public, that constitutes an interference with the course of justice shall be unlawful.
(b) A statement, meeting, procession or demonstration shall be deemed to constitute an interference with the course of justice if it is intended, or is of such a character as to be likely, directly or indirectly to influence any court, person or authority concerned with the institution, conduct or defence of any civil or criminal proceedings (including a party or witness) as to whether or how the proceedings should be instituted, conducted, continued or defended, or as to what should be their outcome.
(2) A person who makes any statement, or who organises, holds or takes part in any meeting, procession or demonstration, that is unlawful under this section shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment;
(b) on conviction on indictment, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding five years or to both such fine and such imprisonment.
(3) Nothing in this section shall affect the law as to contempt of court.
Amendment of section 2 of Act of 1939.
5.—The definition of “document” in section 2 of the Act of 1939 is hereby amended by the insertion after “advertisement” of the following:
“and also—
(a) any map, plan, graph or drawing,
(b) any photograph,
(c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, and
(d) any film, microfilm, negative, tape or other device in which one or more visual images are embodied (whether with or without sounds or other data) so as to be capable (as aforesaid) of being reproduced therefrom and a reproduction or still reproduction of the image or images embodied therein whether enlarged or not and whether with or without sounds or other data”.
Short title, construction and collective citation.
6.—(1) This Act may be cited as the Offences against the State (Amendment) Act, 1972.
(2) The Offences against the State Acts, 1939 and 1940, and this Act shall be construed as one and may be cited together as the Offences against the State Acts, 1939 to 1972.
EMERGENCY POWERS ACT, 1976
AN ACT FOR THE PURPOSE OF SECURING THE PUBLIC SAFETY AND THE PRESERVATION OF THE STATE IN TIME OF AN ARMED CONFLICT IN RESPECT OF WHICH EACH OF THE HOUSES OF THE OIREACHTAS HAS ADOPTED A RESOLUTION ON THE FIRST DAY OF SEPTEMBER, 1976, PURSUANT TO SUBSECTION 3° OF SECTION 3 OF ARTICLE 28 OF THE CONSTITUTION. [16th October, 1976]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Duration of section 2.
1.—(1) Section 2 of this Act shall remain in force only until the expiry of the period of twelve months beginning with the passing of this Act, unless it is continued in force or is again brought into force by an order under this section.
(2) The Government may by order provide :—
(a) at any time when section 2 of this Act is in force, that that section shall continue in force for a period not exceeding twelve months from the commencement of the order,
(b) at any time when section 2 of this Act is in force, that that section shall cease to be in force on and from a date specified in the order, or
(c) at any time when section 2 of this Act is not in force, that that section shall come into force again and remain in force for a period not exceeding twelve months from the commencement of the order.
(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Arrest, custody and questioning of persons suspected of certain offences.
2.—(1) A member of the Garda Síochána (on production of his identification card, if demanded, where he is not in uniform) may without warrant stop, search, question and arrest any person, or do any one or more of those things in respect of any person, if he suspects with reasonable cause that that person has committed, is committing or is about to commit an offence under the Offences against the State Act, 1939 , or an offence which is for the time being a scheduled offence for the purposes of Part V of that Act, or if he suspects with reasonable cause that that person is carrying any document or other article or thing, or is in possession of information, relating to the commission or intended commission of the offence.
(2) A member of the Garda Síochána (on production of his identification card, if demanded, where he is not in uniform) may, for the purpose of the exercise of any of the powers conferred by subsection (1) of this section, stop and search any vehicle or vessel which he suspects with reasonable cause to contain a person whom he is empowered by that subsection to arrest without warrant.
(3) Whenever a person is arrested under this section, he may be removed to and kept in custody in a Garda station, prison, or other convenient place for a period of 48 hours from the time of his arrest and may, if a member of the Garda Síochána not below the rank of chief superintendent so directs, be kept in such custody for a further period not exceeding five days.
(4) A person in custody under subsection (3) of this section may, at any time during such custody, be charged before the District Court or a special court established under Article 38.3.1° of the Constitution with an offence or be released by direction of a member of the Garda Síochána not below the rank of superintendent, and shall, if not so charged or released, be released at the expiration of the custody.
(5) The powers conferred by section 30 of the Offences against the State Act, 1939 , shall not be exercisable during a period when this section is in force.
Expiry of Act.
3.—Notwithstanding any other provision of this Act, whenever each of the Houses of the Oireachtas resolves that the national emergency resolved to exist by each such House on the first day of September, 1976, has ceased to exist, this Act shall, on and from the date of such first-mentioned resolution, expire.
Short title.
4.—This Act may be cited as the Emergency Powers Act, 1976.
OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1985
AN ACT TO AMEND AND EXTEND THE OFFENCES AGAINST THE STATE ACTS, 1939 to 1972. [19th February, 1985]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.—(1) In this Act—
“bank” means the holder of a licence under the Central Bank Act, 1971 , and the persons specified in section 7 (4) of that Act and any other financial institution;
“the Minister” means the Minister for Justice;
“the Principal Act” means the Offences against the State Act, 1939 .
(2) References in this Act to moneys held by a bank include references to shares in a building society of a depositor in the society.
Payment of moneys of unlawful organisations into High Court.
2.—(1) (a) On production to any bank of a document purporting to be signed by the Minister and bearing the seal of the Minister and stating—
(i) that, in the opinion of the Minister, moneys described in the document and held by the bank would, but for the operation of section 22 of the Principal Act, be the property of an unlawful organisation and that those moneys stand forfeited to and vested in the Minister by virtue of the said section 22, and
(ii) that the Minister requires the bank to pay those moneys, or so much of them as are held by the bank at the time of the production to it of the document, into the High Court on a specified day or not later than a specified day and, in the meantime, to refrain from doing any act or making any omission inconsistent with that requirement and to notify as soon as may be thereafter the person or persons in whose name or names the moneys are held by the bank of their payment into that Court,
the bank shall comply with the requirement.
(b) Production of a document specified in paragraph (a) of this subsection to the chief officer or other person, by whatever name called, having charge of the management of a bank or to the manager, or an official of the bank acting as manager, of the branch of a bank into which the moneys concerned were, or are believed by the Minister to have been, paid shall be deemed for the purposes of that paragraph to be production of the document to the bank.
(c) (i) Subject to subparagraph (ii) of this paragraph, paragraph (a) of this subsection shall remain in operation for the period of 3 months beginning on its commencement and shall then cease to be in operation.
(ii) The Government may, from time to time by order at any time when paragraph (a) of this subsection is in operation, continue that paragraph in operation for such further period not exceeding 3 months as may be specified in the order.
(iii) The Government may from time to time by order, at any time when paragraph (a) of this subsection is not in operation, provide that that paragraph shall come into operation on such day as may be specified in the order and shall remain in operation for such period not exceeding 3 months as may be specified in the order, and that paragraph shall come into and remain in operation in accordance with the provisions of any such order.
(iv) Every order under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(2) (a) If proceedings are not brought, under section 3 of this Act or otherwise, in relation to moneys paid into the High Court under this section or in respect of or arising out of any such payment within 6 months of the day on which the moneys were paid into that Court or if all such proceedings brought are dismissed—
(i) the moneys shall not be paid out of the High Court otherwise than in accordance with subparagraph (ii) of this paragraph, and
(ii) the Minister may, after the expiration of the period aforesaid of 6 months, apply ex parte to the High Court for an order directing that the moneys be paid to the Minister or into such account at such bank as the Minister may specify, and,
without prejudice to the rights of any person under section 4 of this Act, the High Court shall make the order and the Minister shall cause a copy of the order to be sent to the bank by whom the moneys were paid into that Court.
(b) The reference in paragraph (a) of this subsection to the dismissal of proceedings includes a reference to the case where, following the decision of the Supreme Court in a case where there is an appeal in any such proceedings to that Court, the proceedings stand dismissed.
(c) Moneys paid pursuant to an order of the High Court under section 2 of this Act shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.
Recovery by owner, in certain circumstances, of moneys paid into High Court under section 2 .
3.—(1) A person claiming to be an owner of moneys paid into the High Court pursuant to section 2 of this Act may, within 6 months of the day on which the moneys were paid into that Court, apply to that Court for an order directing that the moneys, together with such amount in respect of interest thereon as that Court considers reasonable, be paid to him and, if that Court is satisfied that section 22 of the Principal Act has not had effect in relation to the moneys and that the person is the owner of the moneys, it shall make the order aforesaid.
(2) The Minister shall be given notice of, and be entitled to be heard in, any proceedings under subsection (1) of this section.
Compensation for owner, in certain circumstances, where moneys are paid into High Court under section 2 .
4.—(1) Where moneys paid into the High Court pursuant to section 2 of this Act are ordered by that Court under section 3 of this Act to be paid to any person, that Court may, on application to it under this subsection award to the person, compensation payable by the Minister in respect of any loss incurred by him by reason of the payment of the moneys into and their retention in that Court under the said section 2 .
(2) Where, on application to the High Court under this subsection, a person shows to the satisfaction of that Court—
(a) that moneys paid to the Minister under section 2 of this Act are not moneys in relation to which section 22 of the Principal Act has had effect, and
(b) that the person is the owner of the moneys,
the High Court may—
(i) if it is of opinion that there are reasonable grounds for the failure of the person to make an application to that Court under section 3 of this Act in respect of the moneys within the time specified in that section, and
(ii) if the application under this subsection has been made within 6 years of the day on which the moneys were paid into that Court pursuant to section 2 of this Act,
award to the person compensation payable by the Minister in respect of any loss incurred by the person by reason of the payment of the moneys into and their retention in the High Court, and their payment to the Minister and retention by the State, under the said section 2 .
(3) The Minister shall be given notice of, and be entitled to be heard in, any proceedings under this section.
Evidence.
5.—(1) Production to a court in any proceedings of a document signed by the Minister and stating that moneys described in the document that were held on a specified day by a specified bank would, but for the operation of section 22 of the Principal Act, have been the property of an unlawful organisation on that day shall be evidence that the moneys so described would, but for the operation of the said section 22, have been the property of an unlawful organisation on the day so specified.
(2) A document purporting to be a document of the Minister under subsection (1) of this section and to be signed by the Minister shall be deemed for the purposes of this section to be such a document and to be so signed unless the contrary is shown.
(3) On the application of any party to proceedings, under section 3 of this Act or otherwise, in relation to moneys paid into the High Court under section 2 of this Act by a bank or in respect of or arising out of any such payment, the court may order the bank or a specified officer of the bank to produce and prove to the court all or specified documents or records in the bank’s possession or within its procurement that are relevant to the payment of the moneys or part of them into or out of the bank or to the opening, maintenance, operation or closing of any account at the bank in respect of the moneys or part of them.
Immunity from proceedings.
6.—No action or proceedings of any kind shall lie against a bank in any court in respect of—
(a) acts done by the bank in compliance with a requirement in a document produced to it pursuant to section 2 of this Act, or
(b) the non-payment by the bank of the moneys, or part thereof, to which the document relates, or other moneys in lieu of them, to the person (or a person authorised by him to receive them) who, but for the operation of section 22 of the Principal Act, would be the owner of the moneys.
Offences.
7.—(1) A bank that fails or refuses to comply with a requirement in a document under section 2 of this Act shall be guilty of an offence and shall be liable, on conviction on indictment, to a fine not exceeding £100,000.
(2) Where an offence committed by a bank under subsection (1) of this section is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was a director, member of the committee of management or other controlling authority of the bank concerned, or the chief officer or other person, by whatever name called, having charge of the management of the bank, or the secretary or other officer of the bank (including the manager of, or other official of the bank at, a branch of the bank), that person shall also be deemed to have committed the offence and shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or
(b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment.
Meaning of “property of unlawful organisation” in this Act and sections 22 and 23 of Principal Act.
8.—(1) For the removal of doubt, it is hereby declared that section 22 of the Principal Act applies and always applied to property of an unlawful organisation acquired by it at any time while a suppression order under section 19 of that Act in respect of it is or was in force as well as to the property of the organisation immediately upon the making of the suppression order.
(2) Moneys held by any person for the use or benefit of, or for use for the purposes of, an unlawful organisation in respect of which a suppression order under section 19 of the Principal Act, is in force shall be deemed, for the purposes of this Act and sections 22 and 23 of the Principal Act, to be the property of the organisation, and this Act and those sections shall apply and have effect accordingly.
Short title and construction.
9.—(1) This Act may be cited as the Offences against the State (Amendment) Act, 1985.
(2) The Offences against the State Acts, 1939 to 1972, and this Act shall be construed as one and may be cited together as the Offences against the State Acts, 1939 to 1985.
OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1998
AN ACT TO AMEND AND EXTEND THE OFFENCES AGAINST THE STATE ACTS, 1939 TO 1985, AND CERTAIN OTHER ENACTMENTS RELATING TO CRIMINAL LAW AND TO PROVIDE FOR RELATED MATTERS. [3rd September, 1998]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Interpretation.
1.—(1) In this Act—
“the Act of 1939” means the Offences against the State Act, 1939 ;
“the Acts” means the Offences against the State Acts, 1939 to 1998;
“explosive” means an explosive within the meaning of the Explosives Act, 1875 , and any other substance or thing that is an explosive substance within the meaning of the Explosive Substances Act, 1883 ;
“firearm” has the same meaning as it has in the Firearms Acts, 1925 to 1990.
(2) A reference in this Act to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended.
(3) A reference in this Act to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
(4) A reference in this Act to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment, including this Act.
Membership of an unlawful organisation: inferences that may be drawn.
2.—(1) Where in any proceedings against a person for an offence under section 21 of the Act of 1939 evidence is given that the accused at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, failed to answer any question material to the investigation of the offence, then the court in determining whether to send forward the accused for trial or whether there is a case to answer and the court (or subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to the offence, but a person shall not be convicted of the offence solely on an inference drawn from such a failure.
(2) Subsection (1) shall not have effect unless the accused was told in ordinary language when being questioned what the effect of such a failure might be.
(3) Nothing in this section shall, in any proceedings—
(a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged, in so far as evidence thereof would be admissible apart from this section, or
(b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could be properly drawn apart from this section.
(4) In this section—
(a) references to any question material to the investigation include references to any question requesting the accused to give a full account of his or her movements, actions, activities or associations during any specified period,
(b) references to a failure to answer include references to the giving of an answer that is false or misleading and references to the silence or other reaction of the accused shall be construed accordingly.
(5) This section shall not apply in relation to failure to answer a question if the failure occurred before the passing of this Act.
Notification of witnesses.
3.—(1) In proceedings for an offence under section 21 of the Act of 1939 the accused shall not without the leave of the court call any other person to give evidence on his or her behalf unless, before the end of the prescribed period, he or she gives notice of his or her intention to do so.
(2) Without prejudice to subsection (1), in any such proceedings the accused shall not without the leave of the court call any other person (in this section referred to as “the witness”) to give such evidence unless—
(a) the notice under that subsection includes the name and address of the witness or, if the name or address is not known to the accused at the time he or she gives the notice, any information in his or her possession which might be of material assistance in finding the witness,
(b) if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained,
(c) if the name or the address is not included in that notice, but the accused subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he or she gives notice forthwith of the name, address or other information, as the case may be, and
(d) if the accused is notified by or on behalf of the prosecution that the witness has not been traced by the name or at the address given, he or she gives notice forthwith of any such information which is then in his or her possession or, on subsequently receiving any such information, gives notice of it forthwith.
(3) The court shall not refuse leave under this section if it appears to the court that the accused was not informed of the requirements of this section—
(a) by the District Court when he or she was sent forward for trial, or
(b) by the trial court when, on being sent forward by the District Court for sentence, he or she changed his or her plea to one of not guilty, or
(c) where he or she was brought before a Special Criminal Court for trial under section 47 of the Act of 1939, by the Court when it fixed the date of trial.
(4) Any notice purporting to be given under this section on behalf of the accused by his or her solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
(5) A notice under subsection (1) shall either be given in court during, or at the end of, the preliminary examination of the offence concerned or be given in writing to the solicitor for the prosecution, and a notice under paragraph (c) or (d) of subsection (2) shall be given in writing to that solicitor.
(6) A notice required by this section to be given to the solicitor for the prosecution may be given by delivering it to him or her or by leaving it at his or her office or by sending it to him or her by registered post at his or her office.
(7) In this section “the prescribed period” means—
(a) the period of 14 days from the end of the preliminary examination referred to in subsection (5), or
(b) where the accused waives a preliminary examination, the period of 14 days from the date of the waiver, or
(c) where the accused, on being sent forward for sentence, changes his or her plea to one of not guilty, the period of 14 days from the date on which he or she does so, or
(d) where the accused is brought before a Special Criminal Court for trial under section 47 of the Act of 1939, such period as is fixed by the Court when the Court fixes the date of trial.
(8) This section shall not apply in respect of any person whom the accused intends to call to give evidence on his or her behalf solely in relation to the matter of sentence in the event that the accused is convicted of the offence concerned.
(9) This section shall not apply in relation to proceedings referred to in subsection (1) commenced before the passing of this Act and for the purposes of this subsection proceedings referred to in subsection (1) are commenced when the accused is first brought before a court charged with the offence concerned or, as the case may be, is charged before a court with the offence concerned.
Amendment of section 3 of Offences against the State (Amendment) Act, 1972 .
4.— Section 3 of the Offences against the State (Amendment) Act, 1972 , is hereby amended by the substitution of the following paragraph for paragraph (b) of subsection (1):
“(b) In paragraph (a) of this subsection ‘conduct’ includes—
(i) movements, actions, activities or associations on the part of the accused person, and
(ii) omission by the accused person to deny published reports that he was a member of an unlawful organisation, but the fact of such denial shall not by itself be conclusive.”.
Inferences from failure of accused to mention particular facts.
5.—(1) This section applies to—
(a) an offence under the Acts,
(b) an offence that is for the time being a scheduled offence for the purposes of Part V of the Act of 1939.
(c) an offence arising out of the same set of facts as an offence referred to in paragraph (a) or (b),
being an offence for which a person of full age and capacity and not previously convicted may, under or by virtue of any enactment, be punished by imprisonment for a term of 5 years or by a more severe penalty.
(2) Where in any proceedings against a person for an offence to which this section applies evidence is given that the accused—
(a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or
(b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it,
failed to mention any fact relied on in his or her defence in those proceedings, being a fact which in the circumstances existing at the time he or she could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, then the court, in determining whether to send forward the accused for trial or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure is material, but a person shall not be convicted of an offence solely on an inference drawn from such a failure.
(3) Subsection (2) shall not have effect unless the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of such a failure might be.
(4) Nothing in this section shall, in any proceedings—
(a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged, in so far as evidence thereof would be admissible apart from this section, or
(b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could properly be drawn apart from this section.
(5) This section shall not apply in relation to a failure to mention a fact if the failure occurred before the passing of this Act.
Directing an unlawful organisation.
6.— A person who directs, at any level of the organisation’s structure, the activities of an organisation in respect of which a suppression order has been made under section 19 of the Act of 1939 shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life.
Possession of articles for purposes connected with certain offences.
7.—(1) A person shall be guilty of an offence if he or she has any article in his or her possession or under his or her control in circumstances giving rise to a reasonable suspicion that the article is in his or her possession or under his or her control for a purpose connected with the commission, preparation or instigation of an offence under the Explosive Substances Act, 1883 , or the Firearms Acts, 1925 to 1990, which is for the time being a scheduled offence for the purposes of Part V of the Act of 1939.
(2) It shall be a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article in question was not in his or her possession or under his or her control for any purpose specified in subsection (1).
(3) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.
(4) The reference in subsection (1) to an offence under an enactment referred to therein shall be deemed to include a reference to an act or omission done or made outside the State that would be an offence under such an enactment if done or made in the State.
Unlawful collection of information.
8.—(1) It shall be an offence for a person to collect, record or possess information which is of such a nature that it is likely to be useful in the commission by members of any unlawful organisation of serious offences generally or any particular kind of serious offence.
(2) It shall be a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the information in question was not being collected or recorded by him or her, or in his or her possession, for the purpose of its being used in such commission of any serious offence or offences.
(3) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.
(4) In this section—
“members of any unlawful organisation” includes members of such an organisation whose identities are unknown to the Garda Síochána;
“serious offence” means an offence which satisfies both of the following conditions:
(a) it is an offence for which a person of full age and capacity and not previously convicted may, under or by virtue of any enactment, be punished by imprisonment for a term of 5 years or by a more severe penalty, and
(b) it is an offence that involves loss of human life, serious personal injury (other than injury that constitutes an offence of a sexual nature), false imprisonment or serious loss of or damage to property or a serious risk of any such loss, injury, imprisonment or damage,
and includes an act or omission done or made outside the State that would be a serious offence if done or made in the State.
Withholding information.
9.—(1) A person shall be guilty of an offence if he or she has information which he or she knows or believes might be of material assistance in—
(a) preventing the commission by any other person of a serious offence, or
(b) securing the apprehension, prosecution or conviction of any other person for a serious offence,
and fails without reasonable excuse to disclose that information as soon as it is practicable to a member of the Garda Síochána.
(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding five years or both.
(3) In this section “serious offence” has the same meaning as it has in section 8 .
Extension of period of detention under section 30 of Act of 1939.
10.— Section 30 of the Act of 1939 is hereby amended by the substitution of the following subsections for subsection (4):
“(4) An officer of the Garda Síochána not below the rank of superintendent may apply to a judge of the District Court for a warrant authorising the detention of a person detained pursuant to a direction under subsection (3) of this section for a further period not exceeding 24 hours if he has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.
(4A) On an application under subsection (4) of this section the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 24 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.
(4B) On an application under subsection (4) of this section the person to whom the application relates shall be produced before the judge concerned and the judge shall hear any submissions made and consider any evidence adduced by or on behalf of the person and the officer of the Garda Síochána making the application.
(4C) A person detained under this section may, at any time during such detention, be charged before the District Court or a Special Criminal Court with an offence or be released by direction of an officer of the Garda Síochána and shall, if not so charged or released, be released at the expiration of the period of detention authorised by or under subsection (3) of this section or, as the case may be, that subsection and subsection (4A) of this section.”.
Rearrest under section 30 of Act of 1939.
11.— The following section is hereby inserted after section 30 of the Act of 1939:
“30A. (1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 30 of this Act and is released without any charge having been made against him he shall not—
(a) be arrested again for the same offence, or
(b) be arrested for any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he was arrested, suspected, or ought reasonably to have suspected, him of having committed,
except under the authority of a warrant issued by a judge of the District Court who is satisfied on information supplied on oath by an officer of the Garda Síochána not below the rank of superintendent that further information has come to the knowledge of the Garda Síochána since the person’s release as to his suspected participation in the offence for which his arrest is sought.
(2) Section 30 of this Act, and, in particular, any powers conferred thereby, shall apply to or in respect of a person arrested in connection with an offence to which that section relates under a warrant issued pursuant to subsection (1) of this section as it applies to or in respect of a person to whom that section applies, with the following and any other necessary modifications:
(a) the substitution of the following subsection for subsection (3):
‘(3) Whenever a person is arrested under a warrant issued pursuant to section 30A(1) of this Act, he may be removed to and detained in custody in a Garda Síochána station, a prison or some other convenient place for a period of 24 hours from the time of his arrest.’,
(b) the deletion of subsections (4), (4A) and (4B), and
(c) the addition of the following at the end of subsection (4C):
‘or, in case the detention follows an arrest under a warrant issued pursuant to section 30A of this Act, by subsection (3) of this section as substituted by the said section 30A.’.
(3) Notwithstanding subsection (1) of this section, a person to whom that subsection relates may be arrested for any offence for the purpose of charging him with that offence forthwith.”.
Training persons in the making or use of firearms, etc.
12.—(1) A person who instructs or trains another or receives instruction or training in the making or use of firearms or explosives shall be guilty of an offence.
(2) It shall be a defence for a person charged with an offence under this section to prove that the giving or receiving of such instruction or training was done with lawful authority or that he or she had reasonable excuse for giving or receiving such instruction or training.
(3) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.
(4) This section shall not apply to any assembly referred to in section 15 (4) of the Act of 1939.
Provision in relation to section 52 of Act of 1939.
13.— Section 52 of the Act of 1939 shall not have effect in relation to a person referred to in subsection (1) thereof unless, immediately before a demand is made of him or her under that subsection, he or she is informed in ordinary language by a member of the Garda Síochána of—
(a) the fact that the demand is being made under the said section 52 , and
(b) the consequences provided by that section for a failure or refusal to comply with such a demand or for the giving of any account or information in purported compliance with such a demand which is false or misleading.
Offences under Act to be scheduled offences.
14.—(1) It is hereby declared that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to each offence under sections 6 to 9 and 12 .
(2) Each offence under sections 6 to 9 and 12 shall be deemed to be a scheduled offence for the purposes of Part V of the Act of 1939 as if an order had been made under section 36 of that Act in relation to it and subsection (3) of that section and section 37 of that Act shall apply to such an offence accordingly.
(3) Nothing in subsection (1) or (2) shall be construed as affecting, or limiting in any particular case, the exercise—
(a) by the Government of any of its powers under any provision of section 35 or 36 of the Act of 1939,
(b) by the Director of Public Prosecutions of his or her power under section 45 (2) of the said Act to direct that a person not be sent forward for trial by the Special Criminal Court on a particular charge, or
(c) by the Government or the Director of Public Prosecutions of any other of its or his or her powers under Part V of the said Act or by any other person of his or her powers under the said Part.
Penalties for certain offences.
15.—(1) Section 15 of the Firearms Act, 1925 , as amended by section 21 (4) of the Criminal Law (Jurisdiction) Act, 1976 , and section 14 of the Criminal Justice Act, 1984 (possessing firearm or ammunition with intent to endanger life or cause serious injury to property) is hereby amended by the substitution for “imprisonment for life” of “a fine or imprisonment for life or both”.
(2) Section 27A(1) of the Firearms Act, 1964 , inserted by section 8 of the Criminal Law (Jurisdiction) Act, 1976 , and amended by section 14 of the Criminal Justice Act, 1984 (possession of firearm or ammunition in suspicious circumstances) is hereby amended by the substitution for “imprisonment for a term not exceeding ten years” of “a fine or imprisonment for a term not exceeding ten years or both”.
(3) Section 3 of the Explosive Substances Act, 1883 , inserted by section 4 of the Criminal Law (Jurisdiction) Act, 1976 , is hereby amended by the substitution for “imprisonment for life” of “a fine or imprisonment for life or both”.
(4) Section 4 of the Explosive Substances Act, 1883 , is hereby amended by the deletion in subsection (1) of all the words from “of felony” to the end of that subsection and the substitution of “of an offence and shall be liable, on conviction on indictment, to a fine or imprisonment for a term not exceeding 14 years or both, and the explosive substance shall be forfeited.”.
Amendment of Schedule to Bail Act, 1997 .
16.— The Schedule to the Bail Act, 1997 , is hereby amended by the substitution for paragraph 25 of the following paragraph:
“25. Any offence under the Offences against the State Acts, 1939 to 1998.”.
Forfeiture of property.
17.— Section 61 of the Criminal Justice Act, 1994 , is hereby amended—
(a) by the insertion of the following subsection after subsection (1):
“(1A) Where—
(a) a person has been convicted of an offence under section 3 or 4 of the Explosive Substances Act, 1883 , section 15 of the Firearms Act, 1925 , or section 27A of the Firearms Act, 1964 , and
(b) a forfeiture order may be made in the case of that person by virtue of subsection (1) of this section in respect of property to which that subsection applies,
the court shall, subject to subsection (5) of this section, make the forfeiture order, unless, having regard to the matters mentioned in subsection (2) of this section and to the nature and degree of seriousness of the offence of which the person has been convicted, it is satisfied that there would be a serious risk of injustice if it made the order.”,
and
(b) by the insertion of the following subsection after subsection (5):
“(5A) A court may, in making a forfeiture order, include such provisions in that order, or, as the case may require, may make an order supplemental to that order that contains such provisions, as appear to it to be necessary to protect any interest in the property, the subject of the forfeiture order, of a person other than the offender.”.
Duration of certain sections.
18.—(1) Each of the following sections, namely sections 2 to 12 and 14 and 17 shall, subject to subsection (2), cease to be in operation on and from the 30th day of June, 2000, unless a resolution has been passed by each House of the Oireachtas resolving that that section should continue in operation.
(2) A section referred to in subsection (1) may be continued in operation from time to time by a resolution passed by each House of the Oireachtas before its expiry for such period as may be specified in the resolutions.
(3) Before a resolution under this section in relation to a section specified in subsection (1) is passed by either House of the Oireachtas, the Minister for Justice, Equality and Law Reform shall prepare a report, and shall cause a copy of it to be laid before that House, of the operation of the section during the period beginning on the passing of this Act or, as may be appropriate, the date of the latest previous report under this subsection in relation to that section and ending not later than 21 days before the date of the moving of the resolution in that House.
(4) For the avoidance of doubt, any enactment the amendment of which is effected by a section of this Act that ceases to be in operation on and from the day referred to in subsection (1) or, as the case may be, the expiry of the period for which it is continued in operation under subsection (2) (“the expiry”) shall, on and from that day or, as the case may be, the expiry, apply and have effect as it applied and had effect immediately before the passing of this Act but subject to any amendments made by any other Act of the Oireachtas after such passing.
Short title, construction and collective citation.
19.—(1) This Act may be cited as the Offences against the State (Amendment) Act, 1998.
(2) The Offences against the State Acts, 1939 to 1985, and this Act (other than sections 15 to 18 ) shall be construed together as one and may be cited together as the Offences against the State Acts, 1939 to 1998.
S.I. No. 346/1939 – Offences Against The State Act, 1939. Additional Rules of Special Criminal Court Established on The 24Th Day of August, 1939.
View SIAmendments
STATUTORY RULES AND ORDERS. 1939. No. 346.
OFFENCES AGAINST THE STATE ACT, 1939.
ADDITIONAL RULES OF SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24th DAY OF AUGUST, 1939.
ADDITIONAL RULES OF SPECIAL CRIMINAL COURT ESTABLISHED BY ORDER OF THE GOVERNMENT MADE ON THE 24th DAY OF AUGUST, 1939.
WHEREAS it is enacted by sub-section (1) of Section 38 of the Offences Against the State Act, 1939 (No. 13 of 1930), that as soon as may be after coming into force of Part V of the said Act, there shall be established for the purposes of that Part of the said Act a Court which shall be styled and known and is in the said Act referred to as a Special Criminal Court:
AND WHEREAS a Special Criminal Court was established on the 24th day of August, 1939:
AND WHEREAS it is enacted by sub-section (1) of Section 41 of the Offences Against the State Act, 1939 , that every Special Criminal Court shall have power in its absolute discretion, to appoint the times and places of its sitting, and shall have control of its own procedure in all respects, and, shall for that purpose make, with the concurrence of the Minister for Justice, rules regulating its practice and procedure and may in particular provide by such rules for the issuing of summonses, the procedure for bringing (in custody or on bail) persons before it for trial, the admission or exclusion of the public to or from its sittings, the enforcing of the attendance of witnesses, and the production of documents:
AND WHEREAS on the 2nd day of October, 1939, the Special Criminal Court made Rules entitled ” Rules of Special Criminal Court established on the 24th day of August, 1939 ” (Statutory Rules and Orders, No. 266 of 1939, in which the Minister for Justice concurred on the 3rd day of October, 1939:
NOW, THEREFORE, the Special Criminal Court established on the 24th day of August, 1939, in pursuance of the power vested in it hereby makes, with the concurrence of the Minister for Justice, the following additional Rules:—
(Signed) F. BENNETT, Col.,
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Members of Special Criminal Court.
D. McKENNA, Col.,
J. V. JOYCE, Major,
C. WHELAN, Major,
PATRICK TUITE, Major,
I concur in the making of these Rules.
Dated the 28th day of November, 1939.
GERALD BOLAND,
Minister for Justice.
ADDITIONAL RULES.
1 Citation
1.—(1) These Rules may be cited as
” Additional Rules of Special Criminal Court established on the 24th day of August, 1939.”
(2) The ” Rules of the Special Criminal Court,” established on the 24th day of August, 1939, and these Rules shall be construed together.
(3) For the purposes of collective citation the expression ” Rules of Special Criminal Court established on the 24th day of August, 1939,” shall include these Rules.
2 Interpretation
2.—(1) Every word and expression to which a particular meaning is given by or in the Rules of Special Criminal Court established on the 24th day of August, 1939, for the purposes of the said Rules has in these Rules (unless otherwise provided by these Rules) the meaning so given to it.
(2) The Interpretation Act, 1937 , shall apply to the interpretation of these Rules in like manner as it applies to the interpretation of an Act of the Oireachtas.
3 Amendment of paragraph 12 in relation to furnishing depositions
3. Paragraph 12 of the Rules of Special Criminal Court established on the 24th day of August, 1939, is hereby amended by the deletion of subparagraph (c) thereof, and the said paragraph shall be construed and have effect accordingly.
4 Amendment of paragraph 13 in relation to Section 47 of the Act
4. Paragraph 13 of the Rules of Special Criminal Court established on the 24th day of August, 1939, is hereby amended by the deletion of subparagraph (b) thereof, and the said paragraph shall be construed and have effect accordingly.
5 ..
5. The following paragraph shall be inserted in Rules of Special Criminal Court established on the 24th day of August, 1939, after paragraph 13 thereof:—
Summary of Evidence under Section 47 of the Act.
” 13 (a) Where a person is brought before the Court under Section 47 of the Act and there charged with an offence, the Chief State Solicitor shall furnish to such person a list of the charges to be preferred against him together with a summary of the evidence to be given at his trial, and such summary shall not preclude the production of such further evidence as may be adduced by the prosecution at such trial.”
S.I. No. 182/2016 –
Offences Against the State Acts 1939 to 1998 Special Criminal Court No. 1 Rules 2016.
“Iris Oifigiúil” of 26th April, 2016.
WHEREAS it is enacted by section 38 (1) of the Offences Against the State Act, 1939 (No. 13 of 1939) (hereinafter referred to as the “Act”) that as soon as may be after the coming into force of Part V of the Act, there shall be established for the purposes of that Part of the Act a Court which shall be styled and known, and is in the Act referred to, as a Special Criminal Court;
AND WHEREAS by a Proclamation dated the 26th day of May, 1972, the Government ordered that Part V of the Act should come into force;
AND WHEREAS a Special Criminal Court was established on the 30th day of May, 1972;
AND WHEREAS it is enacted by section 41(1) of the Act that every Special Criminal Court shall have power in its absolute discretion, to appoint the times and places of its sittings, and shall have control of its own procedure in all respects and shall for that purpose make, with the concurrence of the Minister for Justice and Equality, rules regulating its practice and procedure and may in particular provide by such rules for the issuing of summonses, the procedure for bringing (in custody or on bail) persons before it for trial, the admission or the exclusion of the public to or from its sittings, the enforcing of the attendance of witnesses, and the production of documents.
NOW THEREFORE the Special Criminal Court established on the 30th day of May, 1972, in pursuance of the power vested in it hereby makes, with the concurrence of the Minister for Justice and Equality the following Rules:
Dated the 21st day of April 2016
Signed: Members of the Special Criminal Court established on the 30th day of May, 1972.
Peter Kelly Martin Nolan
Paul Butler Miriam Malone
Deirdre Murphy William G. Hamill
Tony Hunt Cormac Dunne
Margaret Heneghan Flannan Brennan
John O’Hagan Ann Ryan
Alison Lindsay
I concur in the making of these Rules.
Dated the 21st day of April 2016
FRANCES FITZGERALD,
Minister for Justice and Equality.
S.I. No. 182 of 2016
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT No.1 RULES 2016
1. (1) These Rules shall come into operation on the 25th day of April 2016, and may be cited as the Offences Against the State Acts 1939 to 1998 Special Criminal Court No.1 Rules 2016.
(2) These Rules shall apply, when appropriate, to all proceedings, taken on or after that day and in all cases then pending before the Special Criminal Court established on the 30th day of May, 1972.
(3) From the date on which these Rules come into operation, the Offences Against the State Acts 1939 to 1972, Special Criminal Court Rules 1975 and the Offences Against The State Acts 1939 to 1998 (Special Criminal Court Rules) 2001 shall stand annulled.
INTERPRETATION
2. The Interpretation Act 2005 shall apply to these Rules.
3. In these Rules:
the term “the Acts” means the Offences Against the State Acts 1939 to 1998 (and any other Act amending or extending the same;
the term “the Principal Act” means the Offences Against the State Act 1939 ;
the term “the Court” means the Special Criminal Court established by an Instrument made and published by the Government on the 30th day of May, 1972, which is referred to in these Rules, and may be known, as “Special Criminal Court No. 1”, and reference to the Court shall include, where the context so admits, reference to the members of the Court sitting for the purpose of the trial of any person or the making of any order, or the exercise of any other function or jurisdiction;
the term “Director of Public Prosecutions” means the person for the time being holding the Office of Director of Public Prosecutions by virtue of the Prosecution of Offences Act 1974 (No. 22 of 1974) where the context so permits or requires and shall include any person performing the functions of the Director of Public Prosecutions by virtue of that Act;
the word “exhibits” includes all books, papers and documents, and all other property, matters and things whatsoever connected with the proceedings against any person if the same have been transmitted to the Court or have been produced and used in evidence during such proceedings or on any application made to the Court in reference to any such proceedings or intended proceedings and any written statement handed into Court by such person but does not include the statement of evidence that is to be given by each of the witnesses, or the original deposition of any witness examined before the Judge of the District Court or any indictment against any such person;
the word “person” includes a corporation;
the word “record” means a contemporaneous record of the proceedings concerned made by any one or more means, including, without limitation—
(a) any shorthand or other note, whether written, typed or printed, and
(b) any sound recording or other recording, capable of being reproduced in legible, audible or visual form, approved by the Court;
the term “the Registrar” means the Registrar of the Court;
the term “transcript writer” means any person (including a body corporate acting by its employee or contractor) appointed by the Courts Service to make a transcript of the record;
reference to a “trial” includes reference to a “re-trial”, where the context so admits or requires;
the term “triable person” has the same meaning as in section 49 of the Principal Act.
SITTINGS OF THE COURT
4. Sittings of the Court shall be held at such places and at such times as may be decided by the Court.
5. The Registrar shall give notice of the place and time of each sitting of the Court to the Chief Prosecution Solicitor and to persons to be tried at such sitting. If a person for trial is represented by a solicitor, the Registrar may also give such notice to the solicitor for such person.
6. (1) The members of the Court shall take their seats in such order as the Court may decide and the Court shall decide which member shall preside.
(2) The decision of the Court shall be pronounced by the presiding member.
7. (1) The Court shall be an open Court to the sittings of which the public generally shall have access so far as the same can conveniently be provided and subject to such conditions and limitations as the Court may at any time and from time to time impose.
(2) Without prejudice to the generality of the power to impose conditions provided in sub-rule (1) hereof the Court shall have power:
(a) to limit the number of members of the public, other than bona fide representatives of the Press, who may have access to a sitting of the Court either generally or for the hearing of any particular trial or trials,
(b) to authorise members of the Garda Síochána to prevent from attending any sitting of the Court any person who the Court has reason to believe is likely to interfere with the proceedings,
(c) to direct the removal from the Court of any person interfering with its proceedings.
(3) Where the Court is satisfied that because of the special nature of, or of the circumstances of, any trial or proceeding before it, it is desirable in the interests of justice, or for the protection of the accused or any other person to do so, the Court may exclude from the hearing or from any specified portion of the hearing the public or any members of the public other than bona fide representatives of the Press.
(4) The Court may permit a witness to give his or her name and address in writing to the members of the Court and may also permit a witness including the accused to give the name and address of any person mentioned in his or her evidence in writing to the Court.
(5) The Court may direct that the name, address, or the evidence or any part of the evidence of any witness shall not be published.
8. The Court may direct that a witness shall not remain in Court while the evidence of another witness is being given and may make provision for the separation of witnesses from each other.
SELECTION OF SPECIAL CRIMINAL COURT
9. (1) An application to the Court for an order under section 49(1)(e) of the Principal Act shall be made ex parte on a motion docket.
(2) The Registrar shall transmit a certified copy of an order by the Court under section 49(1)(e) of the Principal Act to any High Court Registrar, County Registrar, Registrar of the Circuit Court or District Court Clerk who is required under any provision of these Rules to transmit any documents to the Registrar in connection with any trial.
(3) The Chief Prosecution Solicitor shall:
(a) where a person has been sent for trial or has been sent forward for trial by the District Court under section 46 of the Principal Act or the High Court has made an order under section 48 of the Principal Act for the transfer of the trial of a person on a charge to a Special Criminal Court, serve a copy of the order made by the Court under section 49(1)(e) of the Principal Act on the person to be tried by the Court;
(b) where it is intended that a person be brought before the Court under section 47 of the Principal Act and charged with an offence, unless that person was present in the Court when the order was made, cause notice to be given to that person (which notice may be given orally) of the making of the order made by the Court under section 49(1)(e) of the Principal Act.
INDICTABLE CASES OTHER THAN CASES BROUGHT UNDER SECTION 47 OF THE PRINCIPAL ACT
10. (1) Where a person charged with an indictable offence has been sent forward by a Judge of the District Court for trial to the Central Criminal Court or to the Circuit Court on such charge, and:
(a) the High Court makes an order under section 48 of the Principal Act for the transfer of the trial of such person on such charge to a Special Criminal Court, and
(b) the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned;
the registrar of the Central Criminal Court or, as the case may be, the appropriate County Registrar or Registrar of the Circuit Court, within seven days of the receipt under Rule 9(2) of a certified copy Order, shall transmit to the Registrar all documents and exhibits in his or her custody relating to the trial of such person on such charge together with the indictment (if any) which shall have been filed with him or her relating to such trial.
(2) In any such case the Chief Prosecution Solicitor shall file with the Registrar a certified copy of the order of the High Court.
11. (1) In the case of an indictable offence the Chief Prosecution Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged.
(2) The provisions of the Criminal Justice Administration Act 1924 shall, with necessary modifications, apply to every such indictment.
12. Where, in the case of an indictable offence,
(a) a person is sent forward to a Special Criminal Court for trial by a Judge of the District Court, or
(b) the High Court has under section 48 of the Principal Act transferred the trial of any person to a Special Criminal Court,
and the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned, such person shall be entitled, on applying therefor to the Registrar, to receive from the Registrar free of charge:
(i) a copy of the indictment, and
(ii) copies of the depositions (if any) relating to the offences with which the person is charged.
13. In the case of an indictable offence, where a person has been sent forward to a Special Criminal Court for trial and the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned, the Director of Public Prosecutions shall cause to be served on the person a list of any further witnesses whom the Director of Public Prosecutions proposes to call at the trial, with a statement of the evidence that is to be given by each of them, a list of any further exhibits, a statement of any further evidence that is to be given by any witness whose name appears on the list of witnesses already supplied, and copies of any statement recorded, or any deposition taken under section 4F of the Criminal Procedure Act 1967 .
14. (1) Where a person charged with an indictable offence is sent forward by a Judge of the District Court to a Special Criminal Court for trial, the Clerk for the District Court Area where such order was made shall, within seven days of the receipt under Rule 9(2) of the certified copy order under section 49(1)(e) of the Principal Act in respect of the trial concerned, transmit to the Registrar such of the following documents as are relevant to the case:—
(a) a statement of the charges against the person;
(b) a copy of any sworn information in writing upon which the proceedings were initiated;
(c) a list of the witnesses the prosecutor proposes to call at the trial;
(d) a statement of the evidence that is expected to be given by each of them;
(e) a copy of any document containing information which it is proposed to give in evidence by virtue of Part II of the Criminal Evidence Act 1992 ;
(f) where appropriate, a copy of a certificate under section 6(1) of the Criminal Evidence Act 1992 ;
(g) a list of the exhibits (if any);
(h) any exhibit put in evidence and handed in to Court;
(i) the order of the Judge of the District Court sending the person forward for trial;
(j) any recognisance taken in accordance with section 22 of the Criminal Procedure Act 1967 in relation to the case.
(2) Where a deposition has been taken under section 4F of the Criminal Procedure Act 1967 , the Clerk for the District Court Area concerned shall transmit the deposition to the Registrar.
SUMMARY CASES OTHER THAN CASES UNDER SECTION 47 OF THE PRINCIPAL ACT
15. Where a person is brought before a Judge of the District Court charged with an offence which such Judge had jurisdiction to dispose of summarily, and:
(i) such Judge has sent such person to a Special Criminal Court for trial, and
(ii) the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned, the following provisions shall apply—
(a) the Chief Prosecution Solicitor, within seven days of the making of such order by the Judge of the District Court, shall furnish to such person a list of the charges to be preferred against him or her with a summary of the evidence to be given at his or her trial. Such summary shall not preclude the production of such further evidence as may be adduced by the prosecution at the trial.
(b) the Clerk of the District Court Area where such order was made, within seven days of the receipt under Rule 9(2) of the certified copy order under section 49(1)(e) of the Principal Act in respect of the trial concerned, shall transmit to the Registrar:
(i) a statement of the charges upon which such person was sent for trial;
(ii) the order of the Judge of the District Court sending such person to the Court for trial;
(iii) any recognisance taken in accordance with section 22 of the Criminal Procedure Act 1967 in relation to the case;
(iv) any exhibit handed in to the District Court;
(v) any sworn information in writing upon which the proceedings were initiated.
CASES UNDER SECTION 47 OF THE PRINCIPAL ACT
16. (1) Where a person is brought before the Court under section 47 of the Principal Act and charged with an indictable offence, the Chief Prosecution Solicitor shall furnish to such person or to such person’s solicitor so authorised by him or her:
(a) a list of the charges to be preferred against the person;
(b) a list of the witnesses to be called;
(c) a statement of the evidence that is to be given by each of them, and
(d) a list of the exhibits (if any).
(2) An accused person, or his or her solicitor (if authorised by the accused person so to do) shall have the right to inspect all exhibits.
(3) Copies of the documents referred to in sub-rule (1) shall also be furnished to the Court.
(4) Where on the trial of such person the Director of Public Prosecutions proposes to call further witnesses, or to adduce further evidence from a witness on the list of witnesses already supplied, the Chief Prosecution Solicitor shall furnish to the Court and to such person or such person’s solicitor so authorised by him or her:
(a) a list of further witnesses with a statement of evidence from each;
(b) a statement of any further evidence from a witness whose name appears on the list of witnesses already supplied.
In either case the Chief Prosecution Solicitor shall furnish a list of any further exhibits that are to be produced.
(5)(a) In the case of an indictable offence the Chief Prosecution Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged and the accused person shall be entitled, on applying to the Registrar therefor, to receive free of charge a copy of such indictment.
(b) The provisions of the Criminal Justice Administration Act 1924 shall, with necessary modifications, apply to every such indictment.
17. Where a person is brought before the Court pursuant to either section 47(1) or section 47(2) of the Principal Act and charged with a summary offence then:
(a) the procedure provided by Rule 16 of these Rules in respect of a person charged before the Court with an indictable offence shall apply;
(b) in any case where such a person is also charged before the Court with an indictable offence such person may, unless the Court otherwise orders, be indicted at his or her trial on an indictment which includes a count in respect of the summary offence.
18. (1) Where under section 47 of the Principal Act:
(a) the Director of Public Prosecutions directs that a person intended to be charged with an offence which is a scheduled offence within the meaning of the Principal Act shall be brought before a Special Criminal Court and there charged with the offence, or
(b) the Director of Public Prosecutions certifies that the ordinary courts are, in his or her opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of a person whom it is intended to charge with an offence which is not a scheduled offence within the meaning of the Principal Act and the Director of Public Prosecutions then directs that such person whom it is intended to charge with such offence shall be brought before a Special Criminal Court and there charged with such offence:
the Court may on information, or evidence, relating to such offence being given before it, order the issue of a summons (Form 17 or such similar form as the circumstances may require) ordering that such person shall attend before the Court and there be charged with such offence.
(2) The attendance of a person before the Court who has failed to appear in answer to a summons duly served upon him or her may be procured by the issue of a warrant (Form 18) under an order of the Court.
(3) The direction of the Director of Public Prosecutions under section 47(1) of the Principal Act shall be conveyed to the Court either in writing signed by the Director of Public Prosecutions or orally by a person appearing on his or her behalf, or prosecuting in his or her name.
(4) The Court may order the issue of a warrant (in such variation of Form 5 or 6 as applicable) for the arrest of such person and the bringing of such person in custody to the Court. Nothing in these Rules shall be construed to prohibit the Court from ordering the issue of a warrant whether or not a summons has already been issued.
(5) Where under section 47 of the Principal Act, a person has been brought before the Court either in custody or in answer to a summons, the Court may by warrant (Form 10) commit the person to prison or to military custody as the case may be to be there kept until his or her trial for the offence with which he or she is charged or admit the person to bail in such recognisances and with such sureties as the Court shall direct, conditioned to surrender for his or her trial by the Court as the Court shall direct, and thereupon the provisions of Rules 21 and 22 shall apply mutatis mutandis.
(6) Where a person is brought before the Court under section 47 of the Principal Act by summons under these Rules, the Chief Prosecution Solicitor shall furnish to such person and to the Court a summary of the evidence to be given at his or her trial.
TRANSFER
19. (1) Without prejudice to the power exercisable by the Court under section 49(2) of the Principal Act on its own motion, an application to the Court under that subsection by a triable person or the Director of Public Prosecutions to transfer a trial that is to be heard before the Court to another Special Criminal Court shall be made by Notice of Motion bearing the title of the proceedings to which the application relates.
(2) Where an application pursuant to sub-rule (1) is brought by a triable person, notice of the application shall be given (by service of a copy of the Notice of Motion) to the Director of Public Prosecutions not less than 14 days before the date on which the application is due to be heard and in a case where two or more triable persons are to be tried jointly, such notice shall also be given (by service of a copy of the Notice of Motion) to each other triable person.
(3) In the case of an application pursuant to sub-rule (1) brought by the Director of Public Prosecutions, notice of the said application shall be served (by service of a copy of the Notice of Motion) on the triable person or all of them, if more than one, not less than 14 days before the date upon which the application is due to be heard.
(4) In any case where, on an ex parte application made to it for that purpose, the Court is satisfied that the interests of justice so require, it may direct that any application pursuant to sub-rule (1) be made on such shorter period of notice than that required pursuant to sub-rule (2) or (3).
(5) The Court may give directions for the filing of affidavits or oral evidence as it thinks proper in the circumstances or such other directions as to service as appear appropriate.
(6) Where the Court makes an order transferring a trial to another Special Criminal Court:
(a) the order shall specify the Special Criminal Court to which the trial is transferred, and
(b) the Registrar shall transmit to the Registrar of the Special Criminal Court to which the trial is transferred all documents and exhibits in his or her custody relating to the trial together with the indictment (if any) which shall have been filed with him or her relating to such trial, together with a copy of the order transferring the trial.
20. Where a trial that was to be heard before another Special Criminal Court is transferred to the Court under section 49 of the Principal Act:
(a) the Registrar of the Special Criminal Court by which the trial was transferred shall transmit to the Registrar all documents and exhibits in his or her custody relating to the trial together with the indictment (if any) which shall have been filed with him or her relating to such trial, together with a copy of the order transferring the trial;
(b) the Registrar may cause the matter to be listed before the Court on a date fixed by the Registrar for the purpose of the consideration by the Court of the giving of further directions, and the hearing of any applications for the Court’s directions concerning the trial;
(c) the Registrar shall notify the Director of Public Prosecutions and each triable person concerned of the transfer of the trial to the Court and of any date fixed for the purpose of the consideration by the Court of the giving of further directions, and the hearing of any applications for the Court’s directions concerning the trial.
ATTENDANCE AT COURT
21. (1) The Governor of the Prison or other place in which a person who is to be tried before the Court is detained, shall on receipt of a body warrant (Form 1) produce the said person on the day, at the place and at the hour set out in such warrant.
(2) Where it is required that a person for the time being in custody in prison should be charged pursuant to section 47 of the Principal Act, with any offence, the attendance of such person before the Court may be procured by the issue of a warrant (in such variation of Form 7 or 8 as is applicable), under an order of the Court.
22. (1) Where a person who is to be tried before the Court is on bail, and has been served with a Notice (Form 2) as to the date, time and place of the sitting of the Court for his or her trial the person shall surrender himself or herself accordingly to such persons as the Court shall, from time to time, direct, and thereupon shall be searched by them, and shall be detained in custody or released on bail as the Court shall direct.
(2) Where such person having been duly served with such Notice fails to surrender himself or herself for his or her trial as required by this Rule the Court may issue a warrant (in such variation of Form 3 or 4 as applicable) for the apprehension of such person and detention of such person in prison pending his or her trial or until further order of the Court, and may estreat his or her recognisances where the same have been entered into under section 43(1)(f) or section 48(v) of the Principal Act.
23. Upon the adjournment by the Court of the trial of any person or the postponement of verdict or sentence, the Court may by warrant (Form 11) order the detention of such person in custody pending and until the date of the adjourned hearing of such trial or such postponement.
24. (1) Whenever it shall be made to appear to the Registrar that any person is able to give material evidence either for the prosecution or the defence on any trial, the Registrar may issue a summons (Form 12) to such person requiring such person to attend at a time and place mentioned in such summons to give evidence on such trial and to produce on such trial such accounts, papers or other documents as shall be in his or her possession or powers of procurement and as shall be deemed necessary by the Registrar; but whenever the Court shall be satisfied by evidence on oath that it is probable that such person will not attend to give evidence without being compelled to do so, the Court may issue a warrant (Form 13) to arrest such person and to bring such person to give evidence on such trial and to produce such accounts, papers and documents as may be required.
(2) Where a person to whom such summons has been issued fails to comply with the requirements of such summons, then upon proof of service of the summons or on being satisfied on evidence on oath that such person is evading service thereof the Court may issue the like warrant as is provided for by the preceding sub-rule of this Rule.
(3) Where it is required that a person who is for the time being in custody in prison should attend to give evidence before the Court, the attendance of such person may be procured by the issue of a warrant (Form 9) under an order of the Court.
25. (1) Service of a Notice referred to in Rules 5, 20 and 22 of these Rules, or of a Notice of Motion referred to in Rule 19 of these Rules, may be effected either by serving the same upon the accused person personally, or by sending the same by prepaid ordinary post addressed to the person to be served at his or her last or usual place of abode, or to the person’s solicitor, and thereupon it shall be deemed to have been served at the time at which it would have been delivered in the ordinary course of post.
(2) In the case of a summons issued pursuant to Rule 18, or a witness summons issued under Rule 24, such summons shall be served either by a member of the Garda Síochána, by such other person or in such manner as the Court may direct:
(a) by delivering to the person to be served a copy of such summons or by leaving such copy for him or her at the person’s usual or last place of abode or at his or her office or place of business, with the spouse, or a child, parent, brother, sister or other relation of such person, or with the person’s agent, clerk or servant, not being under the age of sixteen years, and such last mentioned service shall be deemed sufficient except where personal service shall be specially required by the Court,
(b) where the person to be charged is a body corporate, by leaving a copy of such summons at, or sending such copy by prepaid ordinary post to, the registered office of the body corporate within the State or any such office or place within the State at which such body corporate trades or carries on business, or by such other form of substituted service as the Court may direct.
26. Proof of service of a summons or notice may be given by statutory declaration (Form 14) of the person effecting the service, made before a person authorised by law to take and receive statutory declarations. Such declaration shall be endorsed upon the back of the original summons or notice and shall be exempt from stamp duty. Provided always that the Court may require the person who had effected the service of such summons or notice to attend before the Court to give evidence touching such service.
MISCELLANEOUS
27. When an accused person is not represented by counsel or solicitor he or she shall, at the close of the case for the prosecution be informed by the presiding member of the Court that:—
(a) he or she may give evidence in his or her defence on oath and would then be liable to be cross-examined and to be questioned by the Court;
(b) he or she is not obliged to give evidence;
(c) he or she may address the court otherwise than on oath on any matter on which, if he or she were so represented, his or her counsel or solicitor could address the court on his or her behalf but is not obliged to do so;
(d) he or she may call witnesses in his or her defence.
28. (1) The transcript writer shall produce a typewritten or printed transcript of the record of any trial or proceeding in the Court or any part of such trial or proceeding and shall certify the same to be a complete and correct transcript of the whole of such record, or of the part required, and shall lodge the same with the Registrar.
(2) For the purpose of section 44 of the Principal Act the record of the proceedings at the trial shall consist of the evidence and any objection taken in the course thereof, all submissions made by counsel in the course of the trial, any statement made by the accused person, the verdict of the Court, any submissions made in mitigation of sentence, and the sentence of the Court.
29. (1) Where the Court, on an application made to the Court for bail heard using live television link pursuant to section 33 of the Prisons Act 2007 , admits the applicant to bail—
(a) the applicant, and any surety or sureties directed by the Court, may at the hearing orally enter into a recognisance directed by the Court and
(b) the applicant shall be released when the following conditions have been complied with—
(i) the acknowledgement in writing by the applicant of the recognisance entered into in accordance with paragraph (a) of this sub-rule before the Governor of the Prison or other place in which the applicant is detained or a prison officer designated for that purpose by the Governor,
(ii) where the Court has required a surety, or sureties, as a condition of bail-
(I) the entering into by such surety, or sureties, of the recognisance directed by the Court before the Registrar,
(II) in a case where the surety, or sureties, has entered into the recognisance in accordance with paragraph (a) of this sub-rule, the acknowledgement in writing by the surety, or sureties, of that recognisance before the Governor of the Prison or other place in which the applicant is detained or a prison officer designated for that purpose by the Governor,
(iii) where a surety enters into a recognisance before the Registrar, receipt by the Governor of the Prison or other place aforementioned of notification from the Registrar by facsimile transmission or electronic mail that that recognisance has been entered into.
(2) A copy of the recognisance containing the conditions of the recognisance shall be given to the applicant for bail and any surety or sureties.
30. (1) A recognisance entered into before the Court shall be in Form 15, or in such similar form as the circumstances require.
(2) An acknowledgement in writing of a recognisance entered into in accordance with paragraph (a) of Rule 29(1) shall be in Form 16, or in such similar form as the circumstances require.
31. (1) The Office of the Registrar shall be at the Criminal Courts of Justice, Parkgate Street, in the City of Dublin, or such other place as shall be fixed by the Court from time to time.
(2) The Registrar shall keep custody of all documents transmitted to or received by him or her in his or her capacity as Registrar and all exhibits directed by the Court to be retained by him or her.
(3) The Registrar shall keep a register containing particulars of all cases for trial by the Court.
32. The oath shall be administered on behalf of the Court by the Registrar, or such other person as the Court shall direct, in the presence of the Court.
33. The Court may abridge or extend the time for doing any act and may adjourn the hearing of any trial or application to the Court or postpone verdict or sentence as it shall think fit.
34. The Court may grant certificates for free legal aid under the Criminal Justice (Legal Aid) Act 1962 (No. 12 of 1962), or any Act amending or extending the same or in substitution thereof, and the Regulations made thereunder, as if the Court were the Central Criminal Court, and as if the person sent, sent forward or transferred to the Court for trial, or brought and charged before the Court, had been returned to the Central Criminal Court for trial.
35. (1) Non-compliance with any of these Rules shall not render any proceedings void, but in case of such non-compliance the Court may direct that the proceedings be treated as void, or that they be set aside in part as irregular, or that they be amended or otherwise dealt with in such manner or upon such terms as the Court thinks fit.
(2) No departure from any of the forms, or omission of any of the particulars required thereby, or use of any other words than those indicated in such forms, shall vitiate or make void the proceedings or matter to which such forms relate, if the form or the words used be otherwise sufficient in substance and effect.
36. Unless previously given before another court in the proceedings, a notice given under section 19 (1) of the Criminal Law (Insanity) Act 2006 in any proceedings which may be determined by the Court shall be in the form set out in Form 19. A copy of the notice together with proof of service of the notice shall be lodged with the Registrar.
SCHEDULE OF FORMS
FORM 1
Rule 21(1)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
BODY WARRANT
(Title)
To the Governor of…………………………………………………………………………Prison
Send to ……………………………………………………………. in custody, the body of the said …………………………………………………………………… (defendant) (committed on the ………………………… day of ………………………………………………………………………….. 20……………………….) for trial by this Court on the ………………………… day of ……………………………… 20 ………………………. at …………………………*[a.m.] *[p.m.].
By Order of the Court.
Dated this ………………………… day of ……………………………. 20……….
Signed……………………………………………………
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 2
Rule 22(1)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
NOTICE TO ACCUSED PERSON TO ATTEND FOR TRIAL
(Title)
You ……………………………………………are hereby required to attend for your trial at the sitting of the Court to be held at ………………………………………. on the ……………………….. day of ………………………… 20… at ………………………… *[a.m.] *[p.m.], and there to surrender yourself to such person as the Court shall direct.
By Order of the Court.
Dated this ……………………….. day of ……………………….. 20……….
Signed……………………………………………………
Registrar
Special Criminal Court No. 1
To …………………………….
of ……………………………
*Delete where inapplicable
FORM 3
Rule 22(2)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
WARRANT FOR ARREST OF PERSON ON BAIL
(Person sent, sent forward, or transferred on bail)
(Title)
To the Superintendent, Garda Síochána, at…………………………………………………….
WHEREAS Part V of the Offences Against the State Act, 1939 is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 1 was established by an Instrument made and published by the Government on the 30th day of May, 1972;
AND WHEREAS the said…………………………………………………………. (defendant) was *(sent) *(sent forward) *(transferred) for trial to a Special Criminal Court on bail charged with the offence(s)* set out in the Schedule hereunder;
AND WHEREAS Special Criminal Court No. 1 has [on the ………………………. day of ………………………………………………… 20……………………….] made an order under section 49(1)(e) of the Offences Against the State Act 1939 that the said defendant be tried by this Court;
AND WHEREAS due notice was given to the said…………………………………………………………….. (defendant) of the date, time and place of *his/*her trial;
AND WHEREAS the said……………………………………………… (defendant) has failed to surrender *himself/*herself for *his/*her trial in accordance with the aforesaid notice.
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said……………………………………………… of…………………………………………….. and to bring *him/*her without undue delay before the said Court.
SCHEDULE
By Order of the Court.
Dated this ……………………….. day of ………………………… 20……
Signed……………………………………………………
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 4
Rule 22(2)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
WARRANT FOR ARREST OF PERSON ON BAIL
(Person granted bail by the Special Criminal Court No. 1 or by the High Court, otherwise than on a transfer by that Court)
(Title)
To the Superintendent, Garda Síochána, at………………………………………………………
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 1 was established by an Instrument made and published by the Government on the 30th day of May, 1972;
AND WHEREAS the said…………………………………………………………………….. (defendant) was brought before this Court under section 47 of the said Act charged with the offence(s)* set out in the Schedule hereunder;
AND WHEREAS the said…………………. (defendant) was admitted to bail by *(this Court) *(the High Court) conditioned for *his/*her appearance before this Court on the ……………………….. day of ……………………………………………….. 20………………………., at ………………………… *[a.m.] *[p.m.].;
AND WHEREAS due notice was given to the said ………………………………………………………………… (defendant) of the date, time and place of *his/*her trial;
AND WHEREAS the said ………….. (defendant) has failed to appear at the said time and place;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said ……………………………………………………. of………………………………and to bring *him/*her without undue delay before the said Court.
SCHEDULE
By Order of the Court.
Dated this ……………………….. day of ………………………….. 20…….
Signed……………………………………………………
Registrar
Special Criminal Court No. 1
**Delete where inapplicable
FORM 5
Rule 18(4)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
WARRANT TO ARREST UNDER SECTION 47
(Scheduled Offence)
(Title)
To the Superintendent, Garda Síochána, at …………..
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 1 was established by an Instrument made and published by the Government on the 30th day of May, 1972;
AND WHEREAS it is intended under section 47 of the said Offences Against the State Act to charge the said ………………………………….. (defendant) with the offence(s)* set out in the Schedule hereunder (being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act);
AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has directed that the said ………………………….. (defendant) be brought before a Special Criminal Court to be charged with the said offence(s)*;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said ………………………………………………….. of ……………………………………………….. and to bring *him/*her without undue delay before this Court to be charged with the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this ……………………….. day of ………………………………….. 20………
Signed……………………………………………………
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 6
Rule 18(4)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
WARRANT TO ARREST UNDER SECTION 47
(Non-Scheduled Offence)
(Title)
To the Superintendent, Garda Síochána, at …………..
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 1 was established by an Instrument made and published by the Government on the 30th day of May, 1972;
AND WHEREAS it is intended under section 47 of the said Offences Against the State Act to charge the said ……………………………………….. (defendant) with the offence(s)* set out in the Schedule hereunder (not being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act);
AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has certified that the ordinary Courts are in *his/*her opinion inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of the said………………………. (defendant) on the said charge(s)* and has directed that the said ……………………………………. (defendant) be brought before a Special Criminal Court to be charged with the said offence(s)*;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said ………………………………………………… of ………………………………………………….. and to bring *him/*her without undue delay before this Court to be charged with the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this ……………………….. day of ………………………… 20…….
Signed……………………………………………………
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 7
Rule 21(2)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
BODY WARRANT
(Scheduled Offence)
(Title)
To the Governor of ………………………………………………………………….. Prison.
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 1 was established by an Instrument made and published by the Government on the 30th day of May, 1972;
AND WHEREAS it is intended under section 47 of the said Offences Against the State Act to charge the said ……………………………………………….. (defendant) with the offence(s)* set out in the schedule hereunder (being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act);
AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has directed that the said ………………………………………………………… (defendant) be brought before a Special Criminal Court to be charged with the said offence(s)*;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to have the said …………………………………………………….. (defendant) (committed on the ……………………….. day of ………………………………………………… 20……………………….) before this Court on the ……………………….. day of ………………………………………………… 20………………………. at ………………………… *[a.m.] *[p.m.] to be charged with the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this ……………………….. day of …………………………. 20………
Signed……………………………………………………
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 8
Rule 21(2)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
BODY WARRANT
(Non-Scheduled Offence)
(Title)
To the Governor of………………………………………………………………………. Prison.
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 1 was established by an Instrument made and published by the Government on the 30th day of May, 1972;
AND WHEREAS it is intended under section 47 of the said Offences Against the State Act to charge the said (defendant) with the offence(s)* set out in the Schedule hereunder (not being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act);
AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has certified that the ordinary Courts are in *his/*her opinion inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of the said………………………………………. (defendant) on the said charge(s)* and has directed that the said………………………………………………………………………………….. (defendant) be brought before a Special Criminal Court to be charged with the said offence(s)*;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to have the said …………………………………………………………………… (defendant) (committed on the ……………………….. day of ………………………………………………… 20……) before this Court on the ……………………….. day of ………………………………. 20……. at ………….. *[a.m.] *[p.m.] to be charged with the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this ……………. day of …………………………. 20….
Signed…………………………………………………
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 9
Rule 24(3)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
BODY WARRANT
(Witness)
(Title)
To the Governor of………………………………………………………………………………. Prison.
Send to …………………………………………………………………………………………… in custody, the body of ………………………………………………………. (committed on the ……………………….. day of ………………………………………………… 20……………………….) to attend and give evidence at the Trial of the above named defendant on the ……………………….. day of ………………………………………………… 20………………………. at ………………………… *[a.m.] *[p.m.].
By Order of the Court.
Dated this ……………………….. day of …………………………. 20……..
Signed…………………………………………………..
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 10
Rule 18(5)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
COMMITTAL WARRANT
(Cases under section 47)
(Title)
To the Superintendent, Garda Síochána, at ………………………………………. and the Governor of ……………………………………………………………………….. Prison.
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 1 was established by an Instrument made and published by the Government on the 30th day of May, 1972;
*AND WHEREAS in accordance with section 47 of the said Act the said ………………………………. (defendant) by direction of the Director of Public Prosecutions was brought before this Court in custody on the ……………………….. day of ………………………………………………… 20………………………. and was thereupon charged with the offence(s)* set out in the Schedule hereunder (being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act);
*AND WHEREAS in accordance with section 47 of the said Act the said…………………………………… (defendant) by direction of the Director of Public Prosecutions was brought before this Court in custody on the ……………………….. day of ………………………………………………… 20………………………. and was thereupon charged with the offence(s)*set out in the Schedule hereunder (not being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act) and the Director of Public Prosecutions having certified that the ordinary Courts are, in *his/*her opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of ……………………………………. (defendant) on such charge(s)*;
AND WHEREAS this Court *[on the ……………………….. day of ………………………….. 20……….] made an order under section 49(1)(e) of the Offences Against the State Act 1939 that the defendant be charged before and tried by this Court;
AND WHEREAS the trial of the said …………………………………………………… (defendant) for the said offence(s)* has been fixed for the ………………… day of ……………….. 20…. at ….. *[a.m.] *[p.m.] at ………………………………………………………..
THIS IS THEREFORE TO COMMAND YOU the Superintendent to whom this warrant is addressed to lodge the said ……………………………………………………. of……………………………………………………… in the…………………………………………. Prison there to be detained by you the Governor of the said Prison when you shall have *him/*her at the said sitting to be further dealt with according to law.
SCHEDULE
By Order of the Court.
Dated this ……………………….. day of …………….. 20 …….
Signed ……………………………………………….
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 11
Rule 23
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
COMMITTAL WARRANT
(Pending adjournment of Trial)
(Title)
To the Superintendent, Garda Síochána, at ………….. and the Governor of ………………………………………….. Prison.
WHEREAS Part V of the Offences Against the State Act 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 1 was established by an Instrument made and published by the Government on the 30th day of May, 1972;
*AND WHEREAS the said ………………………………………………………… (defendant) was *(sent) *(sent forward) *(transferred) for trial by a Special Criminal Court charged with the offence(s) *set out in the Schedule hereunder;
AND WHEREAS Special Criminal Court No. 1 has [on the ……………………….. day of ………………………………………………… 20……………………….] made an order under section 49 (1)(e) of the Offences Against the State Act 1939 that the said defendant be tried by this Court;
*AND WHEREAS the said ……………………………………………………………… (defendant) was brought under section 47 of the Offences Against the State Act 1939 for trial by this Court charged with the offence(s)* set out in the Schedule hereunder;
*AND WHEREAS the trial by this Court has been adjourned until the …………… day of ………………….. 20 ……………. at ………… *[a.m.] *[p.m.] at …………………………………….
*AND WHEREAS the trial of the said………………………………………………………….. (defendant) has concluded but verdict and/or sentence have been postponed until the ………… day of ………………….. 20 …………… at ……………. *[a.m.] *[p.m.] at………………………………………………
THIS IS THEREFORE TO COMMAND YOU the Superintendent to whom this warrant is addressed to lodge the said …………………………………. of ……………………………………………….. in the …………………… Prison there to be detained by you the Governor of the said Prison when you shall have *him/*her at the said sitting to be further dealt with according to law.
SCHEDULE
By Order of the Court.
Dated this ………….. day of …………………… 20 …………………
Signed …………………………………………….
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 12
Rule 24(1)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
WITNESS SUMMONS
(Title)
WHEREAS the said ………………………………………………………………. (defendant) will be tried for *(a) certain offence(s)* under the above Act by this Court at ………………………………………………………… on the ……………………….. day of ………………………………………………… 20………………………., at ………………………… *[a.m.] *[p.m.];
AND WHEREAS it has been made to appear to me that you are able to give material evidence on such trial;
THIS IS THEREFORE TO COMMAND YOU to attend as a witness on the said trial before this Court at the time and place mentioned above and so from day to day until your presence at the trial is no longer required.
AND YOU ARE to bring with you and then and there produce—
By Order of the Court.
Dated this ……………………….. day of …………………. 20…..
Signed ……………………………………………
Registrar
Special Criminal Court No. 1
To
(name, address and description)
*Delete where inapplicable
FORM 13
Rule 24(1)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 1
WARRANT FOR ARREST OF WITNESS
(Non-appearance on summons)
(Title)
To the Superintendent, Garda Síochána, at……………………………………….
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 1 was established by an Instrument made and published by the Government on the 30th day of May, 1972;
AND WHEREAS pursuant to the said Act *(and an order made by Special Criminal Court No. 1 [on the …………….. day of ………………. 20 ……………..] under section 49 (1)(e) of the Offences Against the State Act 1939 ) the said………………………….. (defendant) will be tried for *(a) certain offence(s)* by this Court at…………………………………. on the ………………….. day of ……………… 20………… at …………….. *[a.m.] *[p.m.];
*AND WHEREAS this Court is satisfied by evidence upon oath that………………………………… of……………………………………………………………. is able to give material evidence on such trial but that it is probable that the said………………………………………….. will not attend to give evidence without being compelled to do so;
*AND WHEREAS a witness summons was duly served upon the said………………………………. but *he/*she has failed to comply with the requirements of such summons;
*AND WHEREAS a witness summons was issued for the attendance before the Court of the said……………………………………….. and this Court is satisfied that the said………………………… is evading service of the said summons;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to arrest the said……………………………………………………… of……………………………………………………… and to bring *him/*her before the Court at the time and place for trial aforesaid to give evidence before this Court in the said trial.
By Order of the Court.
Dated this ……………………….. day of ……………………… 20……..
Signed…………………………………….
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 14
Rule 26
STATUTORY DECLARATION AS TO SERVICE OF SUMMONS OR NOTICE
I …………..
of ………….. do solemnly and sincerely declare that I duly served the within *Summons *Notice on the ………………………..day of ………………………………………………… 20………………………. by (state mode of service)
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
Signed………………………………………………………
Declared before me [name in capitals] a *(commissioner for oaths)*(practising solicitor) *(peace commissioner) *(notary public) by the said …………………………………………………
*who is personally known to me,
*who is identified to me by …………………… who is personally known to me,
*whose identity has been established to me before the taking of this Declaration by the production to me of ……………………………………………………………, containing a photograph of the declarant,
at …………………. this ………………….day of ………………..20….
Signed ……………………………………………………………
*Commissioner for Oaths/*Practising Solicitor/*Peace Commissioner/*Notary Public.
*Delete where inapplicable
FORM 15
Rule 30
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT NO. 1
RECOGNISANCE ENTERED INTO IN PRESENCE OF REGISTRAR
(Title)
*I *We ……………………………………. of ……………………………………………………………
a………………………………………………………… Defendant
*and………………………………………………………. of ………………………………………………….
a………………………………………………………… Surety
*and……………………………………. of……………………………………………..
a………………………………………………………… Surety
acknowledge *myself *ourselves severally to owe to the State the *sum *several sums following, that is to say, the said………………………………….. the sum of €……………………………..
*and the said……………………………… *and the said…………………………………. the sum of €……………………. *each to the use of the Minister for Finance if the above-named defendant fail in the condition hereunder.
…………………………………………. Defendant
*…………………………………………….. Surety
*…………………………………………….. Surety
Acknowledged before the Court at
……………………………………………………………………………………………….
this ……………………….. day of ………………………………………………… 20…
Signed…………………………………………………
Registrar
Special Criminal Court No. 1
The condition of this recognisance is that if the above-named Defendant shall appear before this Court at…………………………………………………… on the ……………………….. day of ………………………………………………… 20………………………. at ……………………….. *[a.m.] *[p.m.] and any adjournment thereof until *his/*her presence is no longer required for *his/*her trial on the following charge(s)*
*and shall…………………………………………………………
then this recognisance to be void, or else to stand in full force and effect.
*Delete where inapplicable
FORM 16
Rule 30
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT NO. 1
ACKNOWLEDGEMENT OF RECOGNISANCE BEFORE PRISON GOVERNOR OR DESIGNATED PRISON OFFICER
(Title)
*I *We ……………………………………. of ……………………………………………………………
a………………………………………………………… Defendant
*and………………………………………………………. of ………………………………………………….
a………………………………………………………… Surety
*and……………………………………. of……………………………………………..
a………………………………………………………… Surety
having entered into a recognisance orally before the Court, acknowledge *myself *ourselves severally to owe to the State the *sum *several sums following, that is to say, the said………………………………….. the sum of €…………………………………..
*and the said………………………………*and the said…………………………………. the sum of €……………………. *each to the use of the Minister for Finance if the above-named defendant fail in the condition hereunder.
………………………………………….
Defendant
*…………………………………………….. Surety
*…………………………………………….. Surety
Acknowledged before me at [Insert particulars of Prison or other place of detention]
…………………………………………………………………………………………….
this ……………………….. day of ………………………………………………… 20…
Signed……………………………………………………..
*Governor of [Insert particulars of Prison or other place of detention]
*a Prison Officer designated by the Governor of [Insert particulars of Prison or other place of detention] for the purpose of taking this recognisance.
The condition of the recognisance hereby acknowledged is that if the above-named Defendant shall appear before Special Criminal Court No. 1 at …………………………………………………………. on the ……………………….. day of ………………………………………………… 20………………………. at ………………………… *[a.m.] *[p.m.] and any adjournment thereof until *his/*her presence is no longer required for *his/*her trial on the following charge(s)*
*and shall…………………………………………………………
then the recognisance to be void, or else to stand in full force and effect.
*Delete where inapplicable
FORM 17
Rule 18(1)
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT NO. 1
SUMMONS FOR ATTENDANCE OF DEFENDANT
(Title)
WHEREAS it appears to the Court, upon *(information) *(evidence) that you are a person intended to be charged with the offence(s)* set out in the Schedule hereunder
*[being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the Offences Against the State Act 1939 , and that the Director of Public Prosecutions has directed that you shall be brought before this Court and charged with such offence(s)*]
*[being *(an) offence(s)* which *(is) *(are) not *(a) scheduled offence(s)* under the Offences Against the State Act 1939 , and the Director of Public Prosecutions has certified that the ordinary Courts are, in *his/*her opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to your trial on the charge of the said offence(s)* and has directed that you shall be brought before this Court and charged with such offence(s)*].
YOU ARE HEREBY REQUIRED TO APPEAR before this Court at ……………………………………. on the ……………………….. day of ………………………….. 20 ……….. at ………………………… *[a.m.] *[p.m.] to be charged with and tried *(summarily) *(on indictment) for the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this …………… day of ………………………………………………..
Signed …………………………………………..
Registrar
Special Criminal Court No. 1
To ………………………. of………………………………….
the above-named Defendant.
*Delete where inapplicable
FORM 18
Rule 18(2)
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT NO. 1
WARRANT FOR ARREST OF DEFENDANT
(failure to appear on summons)
(Title)
To the Superintendent, Garda Síochána, at……………………………………………………
WHEREAS……………………………………… of ……………………………………………….. (address and description) has been duly served with a summons to appear as a Defendant before this Court at…………………………….. at …………. *[a.m.] *[p.m.] on the ……………………….. day of ………………………………………………… 20………………………., to be charged with the offence(s)* set out in the Schedule hereunder;
AND WHEREAS the said …………………………………. failed to appear at the time and place aforesaid;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said……………………………. of……………………………………….. and to bring *him/*her without undue delay before this Court to be charged with the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this ……………. day of ……………………………… 20….
Signed……………………………………………………
Registrar
Special Criminal Court No. 1
*Delete where inapplicable
FORM 19
Rule 36
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT NO. 1
NOTICE OF INTENTION TO ADDUCE EVIDENCE AS TO MENTAL CONDITION (SECTION 19, CRIMINAL LAW (INSANITY) ACT 2006)
(Title)
WHEREAS the above-named accused was on the ……………………….. day of ………………………………………………… 20…….. asked how *he/*she wished to plead to the charge of the offence(s)* of
TAKE NOTICE that the defence intends to adduce evidence as to the mental condition of the accused in the proceedings for the said offence(s)*.
Dated this ……….. day of ………………………….. 20…..
Signed…………………………….
*Accused/*Solicitor for the accused
To: Director of Public Prosecutions
and to: The Registrar, Special Criminal Court No. 1
*Delete where inapplicable
/images/ls
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules, which annul and replace the Offences Against the State Acts 1939 to 1972, Special Criminal Court Rules 1975 and the Offences Against The State Acts 1939 to 1998 (Special Criminal Court Rules) 2001, regulate practice and procedure in the Special Criminal Court established by the Government on the 30th May, 1972, under the Offences against the State Acts 1939 to 1998.
S.I. No. 183/2016 –
Offences Against the State Acts 1939 to 1998 Special Criminal Court No. 2 Rules 2016.
View SIAmendments
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 26th April, 2016.
WHEREAS it is enacted by section 38 (1) of the Offences against the State Act 1939 (No. 13 of 1939) (hereinafter referred to as the “Act”) that as soon as may be after the coming into force of Part V of the Act, there shall be established for the purposes of that Part of the Act a Court which shall be styled and known, and is in the Act referred to, as a Special Criminal Court;
AND WHEREAS by a Proclamation dated the 26th day of May, 1972, the Government ordered that Part V of the Act should come into force;
AND WHEREAS it is enacted by section 38(2) of the Act that the Government may, whenever they consider it necessary or desirable so to do, establish such additional number of courts for the purposes of this Part of this Act as they think fit, and each court so established shall also be styled and known and is in the Act referred to as a Special Criminal Court;
AND WHEREAS by an order dated the 14th day of December, 2004, the Government ordered that a second Special Criminal Court be established;
AND WHEREAS the members of the said second Special Criminal Court were appointed on the 28th day of October 2015;
AND WHEREAS it is enacted by section 41(1) of the Act that every Special Criminal Court shall have power in its absolute discretion, to appoint the times and places of its sittings, and shall have control of its own procedure in all respects and shall for that purpose make, with the concurrence of the Minister for Justice and Equality, rules regulating its practice and procedure and may in particular provide by such rules for the issuing of summonses, the procedure for bringing (in custody or on bail) persons before it for trial, the admission or the exclusion of the public to or from its sittings, the enforcing of the attendance of witnesses, and the production of documents.
NOW THEREFORE the Special Criminal Court established on the 14th day of December, 2004, in pursuance of the power vested in it hereby makes, with the concurrence of the Minister for Justice and Equality the following Rules:—
Dated the 18th day of April 2016
Signed: Members of the Special Criminal Court established on the 14th day of December, 2004.
Aileen Donnelly Sinéad Ní Chúlacháin
Isobel Kennedy Gerard Haughton
Robert Eagar James Faughnan
Leonie Reynolds
I concur in the making of these Rules.
Dated the 21st day of April 2016.
FRANCES FITZGERALD,
Minister for Justice and Equality.
S.I. No. 183 of 2016
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT No. 2 RULES 2016.
1. (1) These Rules shall come into operation on the 25th day of April 2016, and may be cited as the Offences Against the State Acts 1939 to 1998 Special Criminal Court No.2 Rules 2016.
(2) These Rules shall apply, when appropriate, to all proceedings, taken on or after that day and in all cases then pending before the Special Criminal Court established on the 14th day of December, 2004.
INTERPRETATION
2. The Interpretation Act 2005 shall apply to these Rules.
3. In these Rules:
the term “the Acts” means the Offences Against the State Acts 1939 to 1998 and any other Act amending or extending the same;
the term “the Principal Act” means the Offences Against the State Act 1939 ;
the term “the Court” means the Special Criminal Court established by an Instrument made and published by the Government on the 14th day of December, 2004, which is referred to in these Rules, and may be known, as “Special Criminal Court No. 2”, and reference to the Court shall include, where the context so admits, reference to the members of the Court sitting for the purpose of the trial of any person or the making of any Order, or the exercise of any other function or jurisdiction;
the term “Director of Public Prosecutions” means the person for the time being holding the Office of Director of Public Prosecutions by virtue of the Prosecution of Offences Act 1974 (No. 22 of 1974) and shall, where the context so permits or requires, include any person performing the functions of the Director of Public Prosecutions by virtue of that Act;
the word “exhibits” includes all books, papers and documents, and all other property, matters and things whatsoever connected with the proceedings against any person if the same have been transmitted to the Court or have been produced and used in evidence during such proceedings or on any application made to the Court in reference to any such proceedings or intended proceedings and any written statement handed into Court by such person but does not include the statement of evidence that is to be given by each of the witnesses, or the original deposition of any witness examined before the Judge of the District Court or any indictment against any such person;
the word “person” includes a corporation;
the word “record” means a contemporaneous record of the proceedings concerned made by any one or more means, including, without limitation—
(a) any shorthand or other note, whether written, typed or printed, and
(b) any sound recording or other recording, capable of being reproduced in legible, audible or visual form, approved by the Court;
the term “the Registrar” means the Registrar of the Court;
the term “transcript writer” means any person (including a body corporate acting by its employee or contractor) appointed by the Courts Service to make a transcript of the record;
reference to a “trial” includes reference to a “re-trial”, where the context so admits or requires;
the term “triable person” has the same meaning as in section 49 of the Principal Act.
SITTINGS OF THE COURT
4. Sittings of the Court shall be held at such places and at such times as may be decided by the Court.
5. The Registrar shall give notice of the place and time of each sitting of the Court to the Chief Prosecution Solicitor and to persons to be tried at such sitting. If a person for trial is represented by a solicitor, the Registrar may also give such notice to the solicitor for such person.
6. (1) The members of the Court shall take their seats in such order as the Court may decide and the Court shall decide which member shall preside.
(2) The decision of the Court shall be pronounced by the presiding member.
7. (1) The Court shall be an open Court to the sittings of which the public generally shall have access so far as the same can conveniently be provided and subject to such conditions and limitations as the Court may at any time and from time to time impose.
(2) Without prejudice to the generality of the power to impose conditions provided in sub-rule (1) hereof the Court shall have power:
(a) to limit the number of members of the public, other than bona fide representatives of the Press, who may have access to a sitting of the Court either generally or for the hearing of any particular trial or trials;
(b) to authorise members of the Garda Síochána to prevent from attending any sitting of the Court any person who the Court has reason to believe is likely to interfere with the proceedings, and
(c) to direct the removal from the Court of any person interfering with its proceedings.
(3) Where the Court is satisfied that because of the special nature of, or of the circumstances of, any trial or proceeding before it, it is desirable in the interests of justice, or for the protection of the accused or any other person to do so, the Court may exclude from the hearing or from any specified portion of the hearing the public or any members of the public other than bona fide representatives of the Press.
(4) The Court may permit a witness to give his or her name and address in writing to the members of the Court and may also permit a witness including the accused to give the name and address of any person mentioned in his or her evidence in writing to the Court.
(5) The Court may direct that the name, address, or the evidence or any part of the evidence of any witness shall not be published.
8. The Court may direct that a witness shall not remain in Court while the evidence of another witness is being given and may make provision for the separation of witnesses from each other.
SELECTION OF SPECIAL CRIMINAL COURT
9. (1) An application to the Court for an order under section 49(1)(e) of the Principal Act shall be made ex parte on a motion docket.
(2) The Registrar shall transmit a certified copy of an order made by the Court under section 49(1)(e) of the Principal Act to any High Court Registrar, County Registrar, Registrar of the Circuit Court or District Court Clerk who is required under any provision of these Rules to transmit any documents to the Registrar in connection with any trial.
(3) The Chief Prosecution Solicitor shall:
(a) where a person has been sent for trial or has been sent forward for trial by the District Court under section 46 of the Principal Act or the High Court has made an order under section 48 of the Principal Act for the transfer of the trial of a person on a charge to a Special Criminal Court, serve a copy of the order made by the Court under section 49(1)(e) of the Principal Act on the person to be tried by the Court;
(b) where it is intended that a person be brought before the Court under section 47 of the Principal Act and charged with an offence, unless that person was present in the Court when the order was made, cause notice to be given to that person (which notice may be given orally) of the making of the order made by the Court under section 49(1)(e) of the Principal Act.
INDICTABLE CASES OTHER THAN CASES BROUGHT UNDER SECTION 47 OF THE PRINCIPAL ACT
10. (1) Where a person charged with an indictable offence has been sent forward by a Judge of the District Court for trial to the Central Criminal Court or to the Circuit Court on such charge, and:
(a) the High Court makes an order under section 48 of the Principal Act for the transfer of the trial of such person on such charge to a Special Criminal Court, and
(b) the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned,
the Registrar of the Central Criminal Court or, as the case may be, the appropriate County Registrar or Registrar of the Circuit Court, within seven days of the receipt under Rule 9(2) of a copy Order, shall transmit to the Registrar all documents and exhibits in his or her custody relating to the trial of such person on such charge together with the indictment (if any) which shall have been filed with him or her relating to such trial.
(2) In any such case the Chief Prosecution Solicitor shall file with the Registrar a certified copy of the order of the High Court.
11. (1) In the case of an indictable offence the Chief Prosecution Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged.
(2) The provisions of the Criminal Justice Administration Act 1924 shall, with necessary modifications, apply to every such indictment.
12. Where, in the case of an indictable offence,
(a) a person is sent forward to a Special Criminal Court for trial by a Judge of the District Court, or
(b) the High Court has under section 48 of the Principal Act transferred the trial of any person to a Special Criminal Court,
and the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned, such person shall be entitled, on applying therefor to the Registrar, to receive from the Registrar free of charge:
(i) a copy of the indictment, and
(ii) copies of the depositions (if any) relating to the offences with which the person is charged.
13. In the case of an indictable offence, where a person has been sent forward to a Special Criminal Court for trial and the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned, the Director of Public Prosecutions shall cause to be served on the person a list of any further witnesses whom the Director of Public Prosecutions proposes to call at the trial, with a statement of the evidence that is to be given by each of them, a list of any further exhibits, a statement of any further evidence that is to be given by any witness whose name appears on the list of witnesses already supplied, and copies of any statement recorded, or any deposition taken under section 4F of the Criminal Procedure Act 1967 .
14. (1) Where a person charged with an indictable offence is sent forward by a Judge of the District Court to a Special Criminal Court for trial, the Clerk for the District Court Area where such order was made shall, within seven days of the receipt under Rule 9(2) of the certified copy order under section 49(1)(e) of the Principal Act in respect of the trial concerned, transmit to the Registrar such of the following documents as are relevant to the case:—
(a) a statement of the charges against the person;
(b) a copy of any sworn information in writing upon which the proceedings were initiated;
(c) a list of the witnesses the prosecutor proposes to call at the trial;
(d) a statement of the evidence that is expected to be given by each of them;
(e) a copy of any document containing information which it is proposed to give in evidence by virtue of Part II of the Criminal Evidence Act 1992 ;
(f) where appropriate, a copy of a certificate under section 6 (1) of the Criminal Evidence Act 1992 ;
(g) a list of the exhibits (if any);
(h) any exhibit put in evidence and handed in to Court;
(i) the order of the Judge of the District Court sending the person forward for trial;
(j) any recognisance taken in accordance with section 22 of the Criminal Procedure Act 1967 in relation to the case.
(2) Where a deposition has been taken under section 4F of the Criminal Procedure Act 1967 , the Clerk for the District Court Area concerned shall transmit the deposition to the Registrar.
SUMMARY CASES OTHER THAN CASES UNDER SECTION 47 OF THE PRINCIPAL ACT
15. Where a person is brought before a Judge of the District Court charged with an offence which such Judge had jurisdiction to dispose of summarily, and:
(i) such Judge has sent such person to a Special Criminal Court for trial, and
(ii) the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned, the following provisions shall apply—
(a) the Chief Prosecution Solicitor, within seven days of the making of such order by the Judge of the District Court, shall furnish to such person a list of the charges to be preferred against him or her with a summary of the evidence to be given at his or her trial. Such summary shall not preclude the production of such further evidence as may be adduced by the prosecution at the trial.
(b) the Clerk of the District Court Area where such order was made, within seven days of the receipt under Rule 9(2) of the certified copy order under section 49(1)(e) of the Principal Act in respect of the trial concerned, shall transmit to the Registrar:
(i) a statement of the charges upon which such person was sent for trial;
(ii) the order of the Judge of the District Court sending such person to the Court for trial;
(iii) any recognisance taken in accordance with section 22 of the Criminal Procedure Act 1967 in relation to the case;
(iv) any exhibit handed in to the District Court;
(v) any sworn information in writing upon which the proceedings were initiated.
CASES UNDER SECTION 47 OF THE PRINCIPAL ACT
16. (1) Where a person is brought before the Court under section 47 of the Principal Act and charged with an indictable offence, the Chief Prosecution Solicitor shall furnish to such person or to such person’s solicitor so authorised by him or her:
(a) a list of the charges to be preferred against the person;
(b) a list of the witnesses to be called;
(c) a statement of the evidence that is to be given by each of them, and
(d) a list of the exhibits (if any).
(2) An accused person, or his or her solicitor (if authorised by the accused person so to do) shall have the right to inspect all exhibits.
(3) Copies of the documents referred to in sub-rule (1) shall also be furnished to the Court.
(4) Where on the trial of such person the Director of Public Prosecutions proposes to call further witnesses, or to adduce further evidence from a witness on the list of witnesses already supplied, the Chief Prosecution Solicitor shall furnish to the Court and to such person or such person’s solicitor so authorised by him or her:
(a) a list of further witnesses with a statement of evidence from each;
(b) a statement of any further evidence from a witness whose name appears on the list of witnesses already supplied.
In either case the Chief Prosecution Solicitor shall furnish a list of any further exhibits that are to be produced.
(5)(a) In the case of an indictable offence the Chief Prosecution Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged and the accused person shall be entitled, on applying to the Registrar therefor, to receive free of charge a copy of such indictment.
(b) The provisions of the Criminal Justice Administration Act 1924 shall, with necessary modifications, apply to every such indictment.
17. Where a person is brought before the Court pursuant to either section 47(1) or section 47(2) of the Principal Act and charged with a summary offence then:
(a) the procedure provided by Rule 16 of these Rules in respect of a person charged before the Court with an indictable offence shall apply;
(b) in any case where such a person is also charged before the Court with an indictable offence such person may, unless the Court otherwise orders, be indicted at his or her trial on an indictment which includes a count in respect of the summary offence.
18. (1) Where under section 47 of the Principal Act:
(a) the Director of Public Prosecutions directs that a person intended to be charged with an offence which is a scheduled offence within the meaning of the Principal Act shall be brought before a Special Criminal Court and there charged with the offence, or
(b) the Director of Public Prosecutions certifies that the ordinary courts are, in his or her opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of a person whom it is intended to charge with an offence which is not a scheduled offence within the meaning of the Principal Act and the Director of Public Prosecutions then directs that such person whom it is intended to charge with such offence shall be brought before a Special Criminal Court and there charged with such offence:
the Court may on information, or evidence, relating to such offence being given before it, order the issue of a summons (Form 17 or such similar form as the circumstances may require) ordering that such person shall attend before the Court and there be charged with such offence.
(2) The attendance of a person before the Court who has failed to appear in answer to a summons duly served upon him or her may be procured by the issue of a warrant (Form 18) under an order of the Court.
(3) The direction of the Director of Public Prosecutions under section 47(1) of the Principal Act shall be conveyed to the Court either in writing signed by the Director of Public Prosecutions or orally by a person appearing on his or her behalf, or prosecuting in his or her name.
(4) The Court may order the issue of a warrant (in such variation of Form 5 or 6 as applicable) for the arrest of such person and the bringing of such person in custody to the Court. Nothing in these Rules shall be construed to prohibit the Court from ordering the issue of a warrant whether or not a summons has already been issued.
(5) Where under section 47 of the Principal Act, a person has been brought before the Court either in custody or in answer to a summons, the Court may by warrant (Form 10) commit the person to prison or to military custody as the case may be to be there kept until his or her trial for the offence with which he or she is charged or admit the person to bail in such recognisances and with such sureties as the Court shall direct, conditioned to surrender for his or her trial by the Court as the Court shall direct, and thereupon the provisions of Rules 21 and 22 shall apply mutatis mutandis.
(6) Where a person is brought before the Court under section 47 of the Principal Act by summons under these Rules, the Chief Prosecution Solicitor shall furnish to such person and to the Court a summary of the evidence to be given at his or her trial.
TRANSFER
19. (1) Without prejudice to the power exercisable by the Court under section 49(2) of the Principal Act on its own motion, an application to the Court under that subsection by a triable person or the Director of Public Prosecutions to transfer a trial that is to be heard before the Court to another Special Criminal Court shall be made by Notice of Motion bearing the title of the proceedings to which the application relates.
(2) Where an application pursuant to sub-rule(1) is brought by a triable person, notice of the application shall be given (by service of a copy of the Notice of Motion) to the Director of Public Prosecutions not less than 14 days before the date on which the application is due to be heard and in a case where two or more triable persons are to be tried jointly, such notice shall also be given (by service of a copy of the Notice of Motion) to each other triable person.
(3) In the case of an application pursuant to sub-rule (1) brought by the Director of Public Prosecutions, notice of the said application shall be served (by service of a copy of the Notice of Motion) on the triable person or all of them, if more than one, not less than 14 days before the date upon which the application is due to be heard.
(4) In any case where, on an ex parte application made to it for that purpose, the Court is satisfied that the interests of justice so require, it may direct that any application pursuant to sub-rule (1) be made on such shorter period of notice than that required pursuant to sub-rule (2) or (3).
(5) The Court may give directions for the filing of affidavits or oral evidence as it thinks proper in the circumstances or such other directions as to service as appear appropriate.
(6) Where the Court makes an order transferring a trial to another Special Criminal Court:
(a) the order shall specify the Special Criminal Court to which the trial is transferred, and
(b) the Registrar shall transmit to the Registrar of the Special Criminal Court to which the trial is transferred all documents and exhibits in his or her custody relating to the trial together with the indictment (if any) which shall have been filed with him or her relating to such trial, together with a copy of the order transferring the trial.
20. Where a trial that was to be heard before another Special Criminal Court is transferred to the Court under section 49 of the Principal Act:
(a) the Registrar of the Special Criminal Court by which the trial was transferred shall transmit to the Registrar all documents and exhibits in his or her custody relating to the trial together with the indictment (if any) which shall have been filed with him or her relating to such trial, together with a copy of the order transferring the trial;
(b) the Registrar may cause the matter to be listed before the Court on a date fixed by the Registrar for the purpose of the consideration by the Court of the giving of further directions, and the hearing of any applications for the Court’s directions concerning the trial;
(c) the Registrar shall notify the Director of Public Prosecutions and each triable person concerned of the transfer of the trial to the Court and of any date fixed for the purpose of the consideration by the Court of the giving of further directions, and the hearing of any applications for the Court’s directions concerning the trial.
ATTENDANCE AT COURT
21. (1) The Governor of the Prison or other place in which a person who is to be tried before the Court is detained, shall on receipt of a body warrant (Form 1) produce the said person on the day, at the place and at the hour set out in such warrant.
(2) Where it is required that a person for the time being in custody in prison should be charged pursuant to section 47 of the Principal Act, with any offence, the attendance of such person before the Court may be procured by the issue of a warrant (in such variation of Form 7 or 8 as is applicable), under an order of the Court.
22. (1) Where a person who is to be tried before the Court is on bail, and has been served with a Notice (Form 2) as to the date, time and place of the sitting of the Court for his or her trial the person shall surrender himself or herself accordingly to such persons as the Court shall, from time to time, direct, and thereupon shall be searched by them, and shall be detained in custody or released on bail as the Court shall direct.
(2) Where such person having been duly served with such Notice fails to surrender himself or herself for his or her trial as required by this Rule the Court may issue a warrant (in such variation of Form 3 or 4 as applicable) for the apprehension of such person and detention of such person in prison pending his or her trial or until further order of the Court, and may estreat his or her recognisances where the same have been entered into under section 43(1)(f) or section 48(v) of the Principal Act.
23. Upon the adjournment by the Court of the trial of any person or the postponement of verdict or sentence, the Court may by warrant (Form 11) order the detention of such person in custody pending and until the date of the adjourned hearing of such trial or such postponement.
24. (1) Whenever it shall be made to appear to the Registrar that any person is able to give material evidence either for the prosecution or the defence on any trial, the Registrar may issue a summons (Form 12) to such person requiring such person to attend at a time and place mentioned in such summons to give evidence on such trial and to produce on such trial such accounts, papers or other documents as shall be in his or her possession or powers of procurement and as shall be deemed necessary by the Registrar; but whenever the Court shall be satisfied by evidence on oath that it is probable that such person will not attend to give evidence without being compelled to do so, the Court may issue a warrant (Form 13) to arrest such person and to bring such person to give evidence on such trial and to produce such accounts, papers and documents as may be required.
(2) Where a person to whom such summons has been issued fails to comply with the requirements of such summons, then upon proof of service of the summons or on being satisfied on evidence on oath that such person is evading service thereof the Court may issue the like warrant as is provided for by the preceding sub-rule of this Rule.
(3) Where it is required that a person who is for the time being in custody in prison should attend to give evidence before the Court, the attendance of such person may be procured by the issue of a warrant (Form 9) under an order of the Court.
25. (1) Service of a Notice referred to in Rules 5, 20 and 22 of these Rules, or of a Notice of Motion referred to in Rule 19 of these Rules, may be effected either by serving the same upon the accused person personally, or by sending the same by prepaid ordinary post addressed to the person to be served at his or her last or usual place of abode, or to the person’s solicitor, and thereupon it shall be deemed to have been served at the time at which it would have been delivered in the ordinary course of post.
(2) In the case of a summons issued pursuant to Rule 18, or a witness summons issued under Rule 24, such summons shall be served either by a member of the Garda Síochána, by such other person or in such manner as the Court may direct:
(a) by delivering to the person to be served a copy of such summons or by leaving such copy for him or her at the person’s usual or last place of abode or at his or her office or place of business, with the spouse, or a child, parent, brother, sister or other relation of such person, or with the person’s agent, clerk or servant, not being under the age of sixteen years, and such last mentioned service shall be deemed sufficient except where personal service shall be specially required by the Court,
(b) where the person to be charged is a body corporate, by leaving a copy of such summons at, or sending such copy by prepaid ordinary post to, the registered office of the body corporate within the State or any such office or place within the State at which such body corporate trades or carries on business, or by such other form of substituted service as the Court may direct.
26. Proof of service of a summons or notice may be given by statutory declaration (Form 14) of the person effecting the service, made before a person authorised by law to take and receive statutory declarations. Such declaration shall be endorsed upon the back of the original summons or notice and shall be exempt from stamp duty. Provided always that the Court may require the person who had effected the service of such summons or notice to attend before the Court to give evidence touching such service.
MISCELLANEOUS
27. When an accused person is not represented by counsel or solicitor he or she shall, at the close of the case for the prosecution be informed by the presiding member of the Court that:—
(a) he or she may give evidence in his or her defence on oath and would then be liable to be cross-examined and to be questioned by the Court;
(b) he or she is not obliged to give evidence;
(c) he or she may address the court otherwise than on oath on any matter on which, if he or she were so represented, his or her counsel or solicitor could address the court on his or her behalf but is not obliged to do so;
(d) he or she may call witnesses in his or her defence.
28. (1) The transcript writer shall produce a typewritten or printed transcript of the record of any trial or proceeding in the Court or any part of such trial or proceeding and shall certify the same to be a complete and correct transcript of the whole of such record, or of the part required, and shall lodge the same with the Registrar.
(2) For the purpose of section 44 of the Principal Act the record of the proceedings at the trial shall consist of the evidence and any objection taken in the course thereof, all submissions made by counsel in the course of the trial, any statement made by the accused person, the verdict of the Court, any submissions made in mitigation of sentence, and the sentence of the Court.
29. (1) Where the Court, on an application made to the Court for bail heard using live television link pursuant to section 33 of the Prisons Act 2007 , admits the applicant to bail—
(a) the applicant, and any surety or sureties directed by the Court, may at the hearing orally enter into a recognisance directed by the Court and
(b) the applicant shall be released when the following conditions have been complied with –
(i) the acknowledgement in writing by the applicant of the recognisance entered into in accordance with paragraph (a) of this sub-rule before the Governor of the Prison or other place in which the applicant is detained or a prison officer designated for that purpose by the Governor,
(ii) where the Court has required a surety, or sureties, as a condition of bail-
(I) the entering into by such surety, or sureties, of the recognisance directed by the Court before the Registrar,
(II) in a case where the surety, or sureties, has entered into the recognisance in accordance with paragraph (a) of this sub-rule, the acknowledgement in writing by the surety, or sureties, of that recognisance before the Governor of the Prison or other place in which the applicant is detained or a prison officer designated for that purpose by the Governor,
(iii) where a surety enters into a recognisance before the Registrar, receipt by the Governor of the Prison or other place aforementioned of notification from the Registrar by facsimile transmission or electronic mail that that recognisance has been entered into.
(2) A copy of the recognisance containing the conditions of the recognisance shall be given to the applicant for bail and any surety or sureties.
30. (1) A recognisance entered into before the Court shall be in Form 15, or in such similar form as the circumstances require.
(2) An acknowledgement in writing of a recognisance entered into in accordance with paragraph (a) of Rule 29(1) shall be in Form 16, or in such similar form as the circumstances require.
31. (1) The Office of the Registrar shall be at the Criminal Courts of Justice, Parkgate Street, in the City of Dublin, or such other place as shall be fixed by the Court from time to time.
(2) The Registrar shall keep custody of all documents transmitted to or received by him or her in his or her capacity as Registrar and all exhibits directed by the Court to be retained by him or her.
(3) The Registrar shall keep a register containing particulars of all cases for trial by the Court.
32. The oath shall be administered on behalf of the Court by the Registrar, or such other person as the Court shall direct, in the presence of the Court.
33. The Court may abridge or extend the time for doing any act and may adjourn the hearing of any trial or application to the Court or postpone verdict or sentence as it shall think fit.
34. The Court may grant certificates for free legal aid under the Criminal Justice (Legal Aid) Act 1962 (No. 12 of 1962), or any Act amending or extending the same or in substitution thereof, and the Regulations made thereunder, as if the Court were the Central Criminal Court, and as if the person sent, sent forward or transferred to the Court for trial, or brought and charged before the Court, had been returned to the Central Criminal Court for trial.
35. (1) Non-compliance with any of these Rules shall not render any proceedings void, but in case of such non-compliance the Court may direct that the proceedings be treated as void, or that they be set aside in part as irregular, or that they be amended or otherwise dealt with in such manner or upon such terms as the Court thinks fit.
(2) No departure from any of the forms, or omission of any of the particulars required thereby, or use of any other words than those indicated in such forms, shall vitiate or make void the proceedings or matter to which such forms relate, if the form or the words used be otherwise sufficient in substance and effect.
36. Unless previously given before another court in the proceedings, a notice given under section 19 (1) of the Criminal Law (Insanity) Act 2006 in any proceedings which may be determined by the Court shall be in the form set out in Form 19. A copy of the notice together with proof of service of the notice shall be lodged with the Registrar.
SCHEDULE OF FORMS
FORM 1
Rule 21(1)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
BODY WARRANT
(Title)
To the Governor of ………………………………………………………… Prison
Send to ……………………………………………………………. in custody, the body of the said ………………………………………….. (defendant) (committed on the . day of . 20) for trial by this Court on the . day of . 20 at .. *[a.m.] *[p.m.].
By Order of the Court.
Dated this . day of . 20
Signed…………………………………….
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 2
Rule 22(1)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
NOTICE TO ACCUSED PERSON TO ATTEND FOR TRIAL
(Title)
You ……………………….. are hereby required to attend for your trial at the sitting of the Court to be held at ………………………….. on the . day of . 20.. at .. *[a.m.] *[p.m.], and there to surrender yourself to such person as the Court shall direct.
By Order of the Court.
Dated this . day of . 20
Signed …………………………………………….
Registrar
Special Criminal Court No. 2
To
of .
*Delete where inapplicable
FORM 3
Rule 22(2)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
WARRANT FOR ARREST OF PERSON ON BAIL
(Person sent, sent forward, or transferred on bail)
(Title)
To the Superintendent, Garda Síochána, at ………………………………………..
WHEREAS Part V of the Offences Against the State Act, 1939 is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 2 was established by an order made by the Government on the 14th day of December, 2004;
AND WHEREAS the said ……………………………………….. (defendant) was *(sent) *(sent forward) *(transferred) for trial to a Special Criminal Court on bail charged with the offence(s)* set out in the Schedule hereunder;
AND WHEREAS Special Criminal Court No. 2 has [on the . day of . 20] made an order under section 49 (1)(e) of the Offences Against the State Act 1939 that the said defendant be tried by this Court;
AND WHEREAS due notice was given to the said ………………………………………… (defendant) of the date, time and place of *his/*her trial;
AND WHEREAS the said ………………………………………………………………….. (defendant) has failed to surrender *himself/*herself for *his/*her trial in accordance with the aforesaid notice.
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said …………………………….. of ………………….. and to bring *him/*her without undue delay before the said Court.
SCHEDULE
By Order of the Court.
Dated this . day of . 20
Signed………………………………………….
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 4
Rule 22(2)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
WARRANT FOR ARREST OF PERSON ON BAIL
(Person granted bail by the Special Criminal Court No. 2 or by the High Court, otherwise than on a transfer by that Court)
(Title)
To the Superintendent, Garda Síochána, at …………………………………
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 2 was established by an order made by the Government on the 14th day of December, 2004;
AND WHEREAS the said ………………………………………….. (defendant) was brought before this Court under section 47 of the said Act charged with the offence(s)* set out in the Schedule hereunder;
AND WHEREAS the said ………………. (defendant) was admitted to bail by *(this Court) *(the High Court) conditioned for *his/*her appearance before this Court on the . day of . 20, at.. *[a.m.] *[p.m.];
AND WHEREAS due notice was given to the said ……………………………………………………. (defendant) of the date, time and place of *his/*her trial;
AND WHEREAS the said ………………………………………………………….. (defendant) has failed to appear at the said time and place;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said …………………………………… of …………………………….. and to bring *him/*her without undue delay before the said Court.
SCHEDULE
By Order of the Court.
Dated this . day of . 20
Signed ………………………………………………….
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 5
Rule 18(4)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
WARRANT TO ARREST UNDER SECTION 47
(Scheduled Offence)
(Title)
To the Superintendent, Garda Síochána, at ………………………………………
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 2 was established by an order made by the Government on the 14th day of December, 2004;
AND WHEREAS it is intended under section 47 of the said Offences Against the State Act to charge the said ……………………………………………. (defendant) with the offence(s)* set out in the Schedule hereunder (being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act);
AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has directed that the said …………………………………………… (defendant) be brought before a Special Criminal Court to be charged with the said offence(s)*;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said …………………………………………. of ……………………………………………… and to bring *him/*her without undue delay before this Court to be charged with the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this . day of . 20
Signed ………………………………………………
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 6
Rule 18(4)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
WARRANT TO ARREST UNDER SECTION 47
(Non-Scheduled Offence)
(Title)
To the Superintendent, Garda Síochána, at ………………………………………………..
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 2 was established by an order made by the Government on the 14th day of December, 2004;
AND WHEREAS it is intended under section 47 of the said Offences Against the State Act to charge the said ……………………………………….. (defendant) with the offence(s)* set out in the Schedule hereunder (not being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act);
AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has certified that the ordinary Courts are in *his/*her opinion inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of the said ………………………. (defendant) on the said charge(s)* and has directed that the said ……………………………………. (defendant) be brought before a Special Criminal Court to be charged with the said offence(s)*;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said ……………………………………….. of ………………………………………………….. and to bring *him/*her without undue delay before this Court to be charged with the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this . day of . 20
Signed……………………………………………..
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 7
Rule 21(2)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
BODY WARRANT
(Scheduled Offence)
(Title)
To the Governor of …………………………………………………………… Prison.
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 2 was established by an order made by the Government on the 14th day of December, 2004;
AND WHEREAS it is intended under section 47 of the said Offences Against the State Act to charge the said. ………………………. (defendant) with the offence(s)* set out in the schedule hereunder (being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act);
AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has directed that the said ……………………………. (defendant) be brought before a Special Criminal Court to be charged with the said offence(s)*;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to have the said ………………………………………………… (defendant) (committed on the . day of . 20) before this Court on the . day of . 20 at .. *[a.m.] *[p.m.] to be charged with the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this . day of . 20
Signed ………………………………………..
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 8
Rule 21(2)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
BODY WARRANT
(Non-Scheduled Offence)
(Title)
To the Governor of …………………………………………………………. Prison.
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 2 was established by an order made by the Government on the 14th day of December, 2004;
AND WHEREAS it is intended under section 47 of the said Offences Against the State Act to charge the said (defendant) with the offence(s)* set out in the Schedule hereunder (not being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act);
AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has certified that the ordinary Courts are in *his/*her opinion inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of the said ………………………………………. (defendant) on the said charge(s)* and has directed that the said …………………………………………………………………………………. (defendant) be brought before a Special Criminal Court to be charged with the said offence(s)*;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to have the said …………………………………………………. (defendant) (committed on the . day of . 20) before this Court on the . day of . 20 at .. *[a.m.] *[p.m.] to be charged with the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this . day of . 20
Signed ……………………………………………….
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 9
Rule 24(3)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
BODY WARRANT
(Witness)
(Title)
To the Governor of ……………………………………………………………….. Prison.
Send to ……………………… in custody, the body of …………………………………………….
(committed on the . day of . 20) to attend and give evidence at the Trial of the above named defendant on the . day of . 20 at .. *[a.m.] *[p.m.].
By Order of the Court.
Dated this . day of . 20
Signed ………………………………………………..
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 10
Rule 18(5)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
COMMITTAL WARRANT
(Cases under section 47)
(Title)
To the Superintendent, Garda Síochána, at ………………………. and the Governor of ……………………………………………………….Prison.
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 2 was established by an order made by the Government on the 14th day of December, 2004;
*AND WHEREAS in accordance with section 47 of the said Act the said ………………………………. (defendant) by direction of the Director of Public Prosecutions was brought before this Court in custody on the . day of . 20 and was thereupon charged with the offence(s)* set out in the Schedule hereunder (being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act);
*AND WHEREAS in accordance with section 47 of the said Act the said …………………………………… (defendant) by direction of the Director of Public Prosecutions was brought before this Court in custody on the . day of . 20 and was thereupon charged with the offence(s)* set out in the Schedule hereunder (not being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the said Act) and the Director of Public Prosecutions having certified that the ordinary Courts are, in *his/*her opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of ……………………………………. (defendant) on such charge(s)*;
AND WHEREAS this Court *[on the . day of . 20] made an order under section 49 (1)(e) of the Offences Against the State Act 1939 that the said defendant be charged before and tried by this Court;
AND WHEREAS the trial of the said ………………………………………….. (defendant) for the said offence(s) has been fixed for the . day of . 20 at .. *[a.m.] *[p.m.] at………………………………………………………..
THIS IS THEREFORE TO COMMAND YOU the Superintendent to whom this warrant is addressed to lodge the said ……………………….. of ………………………………………………………… in the ……………………………………….. Prison there to be detained by you the Governor of the said Prison when you shall have *him/*her at the said sitting to be further dealt with according to law.
SCHEDULE
By Order of the Court.
Dated this . day of . 20
Signed………………………………….
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 11
Rule 23
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
COMMITTAL WARRANT
(Pending adjournment of Trial)
(Title)
To the Superintendent, Garda Síochána, at ……………………………….. and the Governor of………………………………………….. Prison.
WHEREAS Part V of the Offences Against the State Act 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 2 was established by an order made by the Government on the 14th day of December, 2004;
*AND WHEREAS the said ……………………………………………………. (defendant) was *(sent) *(sent forward) *(transferred) for trial by a Special Criminal Court charged with the offence(s) set out in the Schedule hereunder;
AND WHEREAS Special Criminal Court No. 2 has [on the . day of . 20] made an order under section 49 (1)(e) of the Offences Against the State Act 1939 that the said defendant be tried by this Court;
*AND WHEREAS the said ……………………………………………………………… (defendant) was brought under section 47 of the Offences Against the State Act 1939 for trial by this Court charged with the offence(s)* set out in the Schedule hereunder;
*AND WHEREAS the trial by this Court has been adjourned until the . day of . 20 at .. *[a.m.] *[p.m.] at…………………….;
*AND WHEREAS the trial of the said ……………………………………………….. (defendant) has concluded but verdict and/or sentence have been postponed until the ….. day of ……………………. *[a.m.] *[p.m.] at ………………………….
THIS IS THEREFORE TO COMMAND YOU the Superintendent to whom this warrant is addressed to lodge the said ……………………………………… of ……………………………………………. in the ……………………………………………… Prison there to be detained by you the Governor of the said Prison when you shall have *him/*her at the said sitting to be further dealt with according to law.
SCHEDULE
By Order of the Court.
Dated this . day of . 20
Signed ………………………………………………
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 12
Rule 24(1)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
WITNESS SUMMONS
(Title)
WHEREAS the said ………………………………………………………………. (defendant) will be tried for *(a) certain offence(s)* under the above Act by this Court at …………………………………………. on the . day of . 20, at .. *[a.m.] *[p.m.];
AND WHEREAS it has been made to appear to me that you are able to give material evidence on such trial;
THIS IS THEREFORE TO COMMAND YOU to attend as a witness on the said trial before this Court at the time and place mentioned above and so from day to day until your presence at the trial is no longer required.
AND YOU ARE to bring with you and then and there produce—
By Order of the Court.
Dated this . day of . 20
Signed …………………………………………………
Registrar
Special Criminal Court No. 2
To (name, address and description)
*Delete where inapplicable
FORM 13
Rule 24(1)
OFFENCES AGAINST THE STATE ACTS 1939 TO 1998
SPECIAL CRIMINAL COURT NO. 2
WARRANT FOR ARREST OF WITNESS
(Non-appearance on summons)
(Title)
To the Superintendent, Garda Síochána, at …………………………………………
WHEREAS Part V of the Offences Against the State Act, 1939 , is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;
AND WHEREAS a Special Criminal Court now known as Special Criminal Court No. 2 was established by an order made by the Government on the 14th day of December, 2004;
AND WHEREAS pursuant to the said Act *(and an order made by Special Criminal Court No. 2 [on the . day of . 20] under section 49 (1)(e) of the Offences Against the State Act 1939 ) the said ………………………….. (defendant) will be tried for *(a) certain offence(s)* by this Court at …………………………….. on the . day of . 20 at .. *[a.m.] *[p.m.];
*AND WHEREAS this Court is satisfied by evidence upon oath that ………………………………. of ………………………………………………………………… is able to give material evidence on such trial but that it is probable that the said ………………………. will not attend to give evidence without being compelled to do so;
*AND WHEREAS a witness summons was duly served upon the said …………………………… but *he/*she has failed to comply with the requirements of such summons;
*AND WHEREAS a witness summons was issued for the attendance before the Court of the said …………………………………………… and this Court is satisfied that the said …………………………. is evading service of the said summons;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to arrest the said …………………………………………………………… of ……………………………………………….. and to bring *him/*her before the Court at the time and place for trial aforesaid to give evidence before this Court in the said trial.
By Order of the Court.
Dated this . day of . 20
Signed………………………………………………….
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 14
Rule 26
STATUTORY DECLARATION AS TO SERVICE OF SUMMONS OR NOTICE
I…………………………………………………………………………
of ………………………………………………………………………… do solemnly and sincerely declare that I duly served the within *Summons *Notice on the . day of . 20 by (state mode of service)
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
Signed ……………………………………………………
Declared before me [name in capitals] a *(commissioner for oaths)*(practising solicitor) *(peace commissioner) *(notary public) by the said .
*who is personally known to me,
*who is identified to me by ..who is personally known to me
*whose identity has been established to me before the taking of this Declaration by the production to me of ., containing a photograph of the declarant
at this ..day of .20.
Signed
*Commissioner for Oaths/*Practising Solicitor/*Peace Commissioner/*Notary Public.
*Delete where inapplicable
FORM 15
Rule 30
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT NO. 2
RECOGNISANCE ENTERED INTO IN PRESENCE OF REGISTRAR
(Title)
*I *We ……………………………………………….. of ………………………………………………………. a ………………………………………………………… Defendant
*and……………………………………………………. of ………………………………………………………. a………………………………………………………… Surety
*and …………………………………………………… of ………………………………………………………. a………………………………………………………… Surety
acknowledge *myself *ourselves severally to owe to the State the *sum *several sums following, that is to say, the said …………………………… the sum of €………………………….
*and the said ……………………………… *and the said …………………………………. the sum of €……………………. *each to the use of the Minister for Finance if the above-named defendant fail in the condition hereunder.
………………………………………….
Defendant
*…………………………………………….. Surety
*…………………………………………….. Surety
Acknowledged before the Court at
……………………………………………………………………………….
this . day of . 20…
Signed ……………………………………………………..
Registrar
Special Criminal Court No. 2
The condition of this recognisance is that if the above-named Defendant shall appear before this Court at ……………………………………………………… on the . day of . 20 at .. *[a.m.] *[p.m.] and any adjournment thereof until *his/*her presence is no longer required for *his/*her trial on the following charge(s)*
*and shall. ………………………………………….
then this recognisance to be void, or else to stand in full force and effect.
*Delete where inapplicable
FORM 16
Rule 30
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT NO. 2
ACKNOWLEDGEMENT OF RECOGNISANCE BEFORE PRISON GOVERNOR OR DESIGNATED PRISON OFFICER
(Title)
*I *We …………………………………………………. of …………………………………………………….. a ………………………………………………………….. Defendant
*and …………………………………………………….. of …………………………………………………….. a ………………………………………………………….. Surety
*and …………………………………………………….. of …………………………………………………….. a …………………………………………………………… Surety,
having entered into a recognisance orally before the Court, acknowledge *myself *ourselves severally to owe to the State the *sum *several sums following, that is to say, the said …………………………………. the sum of €………………………………….
*and the said …………………………….*and the said ……………………………….. the sum of €…………………….. *each to the use of the Minister for Finance if the above-named defendant fail in the condition hereunder.
………………………………………….
Defendant
*…………………………………………….. Surety
*……………………………………………….. Surety
Acknowledged before me at [Insert particulars of Prison or other place of detention] ………………………………………………………………………
this . day of . 20…
Signed ……………………………………………………..
*Governor of [Insert particulars of Prison or other place of detention]
*a Prison Officer designated by the Governor of [Insert particulars of Prison or other place of detention] for the purpose of taking this recognisance.
The condition of the recognisance hereby acknowledged is that if the above-named Defendant shall appear before Special Criminal Court No. 2 at ……………………………………. on the . day of . 20 at .. *[a.m.] *[p.m.] and any adjournment thereof until *his/*her presence is no longer required for *his/*her trial on the following charge(s)*
*and shall. …………………………………………………………
then the recognisance to be void, or else to stand in full force and effect.
*Delete where inapplicable
FORM 17
Rule 18(1)
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT NO. 2
SUMMONS FOR ATTENDANCE OF DEFENDANT
(Title)
WHEREAS it appears to the Court, upon *(information) *(evidence) that you are a person intended to be charged with the offence(s)* set out in the Schedule hereunder
*[being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the Offences Against the State Act 1939 , and that the Director of Public Prosecutions has directed that you shall be brought before this Court and charged with such offence(s)*]
*[being *(an) offence(s)* which *(is) *(are) not *(a) scheduled offence(s)* under the Offences Against the State Act 1939 , and the Director of Public Prosecutions has certified that the ordinary Courts are, in *his/her opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to your trial on the charge of the said offence(s)* and has directed that you shall be brought before this Court and charged with such offence(s)*].
YOU ARE HEREBY REQUIRED TO APPEAR before this Court at ……………………………………. on the . day of . 20 at .. *[a.m.] *[p.m.] to be charged with and tried *(summarily) *(on indictment) for the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this . day of . 20
Signed……………………………………………
Registrar
Special Criminal Court No. 2
To …………………………………….. of ………………………………… the above-named Defendant.
*Delete where inapplicable
FORM 18
Rule 18(2)
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT NO. 2
WARRANT FOR ARREST OF DEFENDANT
(failure to appear on summons)
(Title)
To the Superintendent, Garda Síochána, at ……………………………………………………
WHEREAS ……………………………………….. of ………………………………… (address and description) has been duly served with a summons to appear as a Defendant before this Court at …………………………………………………………………… at .. *[a.m.] *[p.m.] on the . day of . 20, to be charged with the offence(s)* set out in the Schedule hereunder;
AND WHEREAS the said …………………………. failed to appear at the time and place aforesaid;
THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said …………………………. of …………………………………….. and to bring *him/*her without undue delay before this Court to be charged with the said offence(s)*.
SCHEDULE
By Order of the Court.
Dated this . day of . 20
Signed……………………………………
Registrar
Special Criminal Court No. 2
*Delete where inapplicable
FORM 19
Rule 36
OFFENCES AGAINST THE STATE ACTS 1939 to 1998
SPECIAL CRIMINAL COURT NO. 2
NOTICE OF INTENTION TO ADDUCE EVIDENCE AS TO MENTAL CONDITION (SECTION 19, CRIMINAL LAW (INSANITY) ACT 2006)
(Title)
WHEREAS the above-named accused was on the .. day of . 20 asked how *he/*she wished to plead to the charge of the offence(s)* of
TAKE NOTICE that the defence intends to adduce evidence as to the mental condition of the accused in the proceedings for the said offence(s)*.
Dated this . day of .20
Signed..
*Accused/*Solicitor for the accused
To: Director of Public Prosecutions
and to: The Registrar, Special Criminal Court No. 2
*Delete where inapplicable
/images/ls
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules regulate practice and procedure in the Special Criminal Court established by the Government on the 14th day of December, 2004, under the Offences Against the State Acts 1939 to 1998.