{"id":1383,"date":"2021-07-18T22:42:54","date_gmt":"2021-07-18T22:42:54","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1383"},"modified":"2024-03-21T18:21:22","modified_gmt":"2024-03-21T18:21:22","slug":"appeal-issues","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/appeal-issues\/","title":{"rendered":"Appeal Issues"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/appeal-issues\/#Appeal_to_Supreme_Court\" title=\"Appeal to Supreme Court\">Appeal to Supreme Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/appeal-issues\/#Case_Stated\" title=\"Case Stated\">Case Stated<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/appeal-issues\/#Double_Jeopardy\" title=\"Double Jeopardy\">Double Jeopardy<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/appeal-issues\/#Application_for_Retrial\" title=\"Application for Retrial\">Application for Retrial<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/appeal-issues\/#Miscarriage_of_Justice\" title=\"Miscarriage of Justice\">Miscarriage of Justice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/appeal-issues\/#Petitioning_Minister\" title=\"Petitioning Minister\">Petitioning Minister<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#CRIMINAL_PROCEDURE_ACT_1993\" title=\"CRIMINAL PROCEDURE ACT 1993\">CRIMINAL PROCEDURE ACT 1993<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#Review_by_Court_of_Criminal_Appeal_of_alleged_miscarriage_of_justice_or_excessive_sentence\" title=\"Review by Court of Criminal Appeal of alleged miscarriage of justice or excessive sentence.\">Review by Court of Criminal Appeal of alleged miscarriage of justice or excessive sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#Jurisdiction_of_Court_of_Criminal_Appeal_in_relation_to_appeals\" title=\"Jurisdiction of Court of Criminal Appeal in relation to appeals.\">Jurisdiction of Court of Criminal Appeal in relation to appeals.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#Re-trial\" title=\"Re-trial.\">Re-trial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#Summary_determination\" title=\"Summary determination.\">Summary determination.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#Application_to_Courts-Martial_Appeal_Court\" title=\"Application to Courts-Martial Appeal Court.\">Application to Courts-Martial Appeal Court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#Petition_for_grant_of_pardon\" title=\"Petition for grant of pardon.\">Petition for grant of pardon.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#Committee_to_inquire_into_alleged_miscarriages_of_justice\" title=\"Committee to inquire into alleged miscarriages of justice.\">Committee to inquire into alleged miscarriages of justice.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#Compensation_for_miscarriage_of_justice\" title=\"Compensation for miscarriage of justice.\">Compensation for miscarriage of justice.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/appeal-issues\/2\/#Uncorroborated_confession\" title=\"Uncorroborated confession.\">Uncorroborated confession.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Appeal_to_Supreme_Court\"><\/span>Appeal to Supreme Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Formerly the courts held there was a direct right of appeal from the Central Criminal Court to the Supreme Court as well as to the Court of Appeal.\u00a0 This anomaly was abolished in 1993.\u00a0 It arose because the Central Criminal Court is technically the High Court so that the constitutional right of appeal was held to apply and had not been explicitly precluded.<\/p>\n<p>There is an appeal from a decision of the Court of Appeal only if that court or the Attorney General or DPP certifies that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that the person take an appeal to the Court of Appeal.<\/p>\n<p>The Attorney General or DPP may in relation to an appeal, and without prejudice to the decision in favour of the accused, appeal the decision to the Court of Appeal, if it involves a point of exceptional public importance and the appeal is desirable in the public interest.<\/p>\n<p>In case of the latter appeal, Counsel may appear on behalf of the accused to do so wishes or by a Counsel so assigned if the accused waives his right to be represented or heard.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Case_Stated\"><\/span><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">Case Stated<\/span><span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">A Circuit Court judge may on the application of the parties in any matter, other than certain appeals by a rehearing, may refer matters of law to the Court of Appeal for by way of case stated. The Court of Appeal gives a decision on the point referred.<\/span><\/p>\n<p>Where a person has been acquitted on indictment, the Attorney General or DPP may without prejudice to the verdict refer a question of law to the Court of Appeal for determination.\u00a0 The question is settled by the Attorney General or DPP after consultation with the trial judge concerned as appropriate.<\/p>\n<p>The Court of Appeal hears arguments by the DPP, the acquitted person if he wishes to be heard or assigned counsel.\u00a0 The acquitted person\u2019s name may be kept anonymous unless he agrees to the use of his name.<\/p>\n<p>There is an appeal on a point of law to the Court of Appeal by a convicted person or DPP from the Court of\u00a0 Appeal, if the Court, Attorney General or DPP certifies that that determination involves a point of law of exceptional public importance.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Double_Jeopardy\"><\/span>Double Jeopardy<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The rule against double jeopardy is the ancient common law rule that a person may not be punished, tried twice for the same offence.\u00a0 The Criminal Procedure Act 2010 changed the principle against double jeopardy in relation to some kinds of cases, in exceptional circumstances.<\/p>\n<p>The provision in respect of retrials applies only to a limited category of very serious offences.\u00a0 They include murder, manslaughter, treason, rape, genocide, torture, more serious sexual offences, trafficking offences, offences against the state, serious drug offences, firearm offences, explosive offences, serious property damages, robbery, burglary.\u00a0 Accomplices and those who attempt to engage in a conspiracy to commit the above are also potentially subject to retrial.<\/p>\n<p>It allows for a person acquitted of an offence to be retried, where new and compelling evidence had emerged or the acquittal was tainted to corruption, intimidation of witnesses or jurors or perjury.\u00a0 New and compelling evidence is evidence that could not with the exercise of due diligence have been adduced during the original proceedings.\u00a0 It must be reliable, substantial and implicate th<em>e<\/em> person with a high degree of probability in the commission of the relevant offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Application_for_Retrial\"><\/span>Application for Retrial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The DPP may an application to the Court of\u00a0 Appeal for a retrial. The accused is given notice of the application for a retrial order. The Court of\u00a0 Appeal may allow a retrial where the acquittal has been tainted or there is new and compelling evidence.<\/p>\n<p>The decision may be tainted, where it is probable that the commission of an offence against the administration of justice affected the proceedings and it is in the public interest to do so.\u00a0 Offences in relation to corruption and perversion of justice include acts of corruption acts, attempts to pervert the course of justice, perjury or conspiracy to do the same.<\/p>\n<p>The Court of Appeal acts with reference to the above criteria.\u00a0 The court is to have regard as to whether the retrial could be conducted fairly, the amount of time that has passed, the interest of the victim and other relevant matters.<\/p>\n<p>Orders may be made to safeguard the fairness of the retrial.\u00a0 It may exclude the public or part of the public or persons other than bona fide representatives of the press.\u00a0 It may prohibit the publication or broadcast of evidence relating to the trial.\u00a0 It may protect the identity of persons who are connected with the retrial.<\/p>\n<p>The 2010 Act allows the Director of Public Prosecutions a right of appeal \u201cwith prejudice\u201d against the decision by the Court of Appeal not to order a retrial following quashing conviction.\u00a0 With prejudice refers to the fact that that the appeal may result in an acquittal or the decision of the Court of Appeal not to order a retrial being overturned and a retrial being ordered.\u00a0 This is in addition to the present above without prejudice appeal to the Court of Appeal.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Miscarriage_of_Justice\"><\/span>Miscarriage of Justice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a procedure by which a person who alleges a miscarriage of justice may appeal to the Court of Appeal.\u00a0 Formerly, once a person was convicted and the normal appeal period had expired or if the conviction was upheld on appeal, the decision was absolutely final.<\/p>\n<p>The only recourse was non-judicial by way of petition for a pardon to the Minister for Justice.\u00a0 There are now provisions for a petition to Minister for Justice for a pardon and for compensation if a miscarriage of justice has occurred.<\/p>\n<p>Newly-discovered facts must show that there is a miscarriage of justice in relation to the conviction, or that the sentence imposed is excessive.\u00a0 There must be new facts and newly discovered facts.<\/p>\n<p>These facts may be facts known to the convicted person at the time of the trial or appeal, where there is a reasonable explanation for the failure to adduce them as evidence.\u00a0 A newly discovered fact is a fact after the conviction or appeal has been determined or a fact of significance that was not appreciated at the former time.<\/p>\n<p>A retrial may be ordered if the court is satisfied there has been a miscarriage of justice or excessive sentence.\u00a0 The person may be tried again for the same offence.<\/p>\n<p>The newly discovered facts must render the conviction, unsafe or unsatisfactory.\u00a0 The mere existence of new facts would not necessarily raise a doubt about the safety of the conviction. They must tend to show that there has been a miscarriage of justice.<\/p>\n<p>They must be such as would have enabled the defence to raise a reasonable doubt in the minds of a jury.\u00a0 It cannot be remote, hypothetical, trivial or fanciful. An application may be disposed of summarily where there are no substantial grounds, or it does not disclose a prima facie case that there has been a miscarriage of justice.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Petitioning_Minister\"><\/span>Petitioning Minister<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If a person has been convicted of an offence (even after appeal), alleges that newly discovered facts or new facts show a miscarriage of justice, he may petition the Minister for Justice for a pardon.\u00a0 The Minister for Justice is to enquiries and may consider that the matter should be dealt with by application to the court.<\/p>\n<p>The Minister may determine that no miscarriage of justice has occurred and that no further investigation should be made and shall so inform the petitioner.\u00a0 He may in other cases recommend that a pardon be given by the President and a committee appointed to enquire into the case.\u00a0 The Minister may determine that the matter should be dealt with by court application and he \/ the Department shall not investigate the matter further.<\/p>\n<p>The Committee of Inquiry is technically a Tribunal of Inquiry.\u00a0 It may consist of one person or more.\u00a0 It shall consist of a judge, a former judge, a practising barrister or solicitor of at least 10 years standing.<\/p>\n<p>Where a person has been acquitted on retrial and the court certifies that the newly discovered fact showed there has been a miscarriage of justice or he has been pardoned on a petition pursuant to the above procedure, where newly discovered facts show a miscarriage of justice, the Minister shall pay compensation to the person or his personal representative.<\/p>\n<p>The amount is to be determined by the Minister for Justice.\u00a0 There is a right of appeal to the High Court from the level of compensation.<\/p>\n<p>Newly discovered facts are broadly as set out above. The application is treated for practical purposes, as an appeal against conviction.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL PROCEDURE ACT 1993<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 17 February 2020<\/p>\n<p>AN ACT TO PROVIDE FOR JUDICIAL REVIEW OF CERTAIN CONVICTIONS AND SENTENCES, FOR PRESENTATION OF PETITIONS FOR THE GRANT OF PARDON ON THE GROUNDS OF MISCARRIAGE OF JUSTICE, FOR PAYMENT OF COMPENSATION BY THE STATE TO OR IN RESPECT OF PERSONS CONVICTED AS A RESULT OF A MISCARRIAGE OF JUSTICE AND FOR CONNECTED MATTERS. [29th December, 1993]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nApplication of Act restricted (1.02.2007) by Transfer of Execution of Sentences Act 2005 (28\/2005), ss. 10(1), 11, S.I. No. 647 of 2006.<\/p>\n<p>Execution of sentence imposed in sentencing country.<\/p>\n<p>10.\u2014(1) Subject to subsections (2) and (3), the High Court may, where a person is\u2014<\/p>\n<p>(a) brought before it under subsection (8) of section 8,<\/p>\n<p>(b) brought before it under subsection (4) of section 9 at the same time as the certificate is produced in accordance with the said subsection (4), or<\/p>\n<p>(c) before the High Court, by reason of having been remanded under the said subsection (4), at the same time as, or at any time after, the certificate is produced in accordance with the said subsection (4),<\/p>\n<p>make an order committing the person to a prison [&#8230;] for a period equal to\u2014<\/p>\n<p>(i) in the case of a person who fled from the sentencing country before he or she began serving the sentence concerned, the period of the sentence less the deductible period, or<\/p>\n<p>(ii) in the case of a person who served part of the sentence concerned but fled from the sentencing country before he or she completed serving that sentence, the period of the sentence that remains unserved less the deductible period.<\/p>\n<p>&#8230;<\/p>\n<p>Criminal Procedure Act 1993 disapplied.<\/p>\n<p>11.\u2014The Criminal Procedure Act 1993 shall not apply to a person to whom an order under subsection (1) of section 10 applies.<\/p>\n<p>C2<br \/>\nApplication of Act restricted (17.07.1995) by Transfer of Sentenced Person Act 1995 (16\/1995), s. 7(9), commenced on enactment.<\/p>\n<p>Issue of warrants for bringing of persons into State.<\/p>\n<p>7.\u2014 &#8230;<\/p>\n<p>(9) The Criminal Procedure Act, 1993, shall not apply to a person in respect of whom a warrant is issued under this section.<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>\u201cthe Court\u201d means the Court of Criminal Appeal but, in sections 2 to 5 and 7, as modified by section 6, also includes the Courts-Martial Appeal Court;<\/p>\n<p>\u201clegal aid certificate\u201d means a certificate granted under the appropriate provision of the Criminal Justice (Legal Aid) Act, 1962.<\/p>\n<p>(2) In this Act\u2014<\/p>\n<p>(a) a reference to a section is to a section of this Act, unless it is indicated that reference to some other enactment is intended,<\/p>\n<p>(b) a reference to a subsection or paragraph is 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.<\/p>\n<p>(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.<\/p>\n<h4>Review by Court of Criminal Appeal of alleged miscarriage of justice or excessive sentence.<\/h4>\n<p>2.\u2014(1) A person\u2014<\/p>\n<p>(a) who has been convicted of an offence either\u2014<\/p>\n<p>(i) on indictment, or<\/p>\n<p>(ii) after signing a plea of guilty and being sent forward for sentence under section 13 (2) (b) of the Criminal Procedure Act, 1967, and<\/p>\n<p>who, after appeal to the Court including an application for leave to appeal, and any subsequent re-trial, stands convicted of an offence to which this paragraph applies, and<\/p>\n<p>(b) who alleges that a new or newly-discovered fact shows that there has been a miscarriage of justice in relation to the conviction or that the sentence imposed is excessive,<\/p>\n<p>may, if no further proceedings are pending in relation to the appeal, apply to the Court for an order quashing the conviction or reviewing the sentence.<\/p>\n<p>(2) An application under subsection (1) shall be treated for all purposes as an appeal to the Court against the conviction or sentence.<\/p>\n<p>(3) In subsection (1) (b) the reference to a new fact is to a fact known to the convicted person at the time of the trial or appeal proceedings the significance of which was appreciated by him, where he alleges that there is a reasonable explanation for his failure to adduce evidence of that fact.<\/p>\n<p>(4) The reference in subsection (1) (b) to a newly-discovered fact is to a fact discovered by or coming to the notice of the convicted person after the relevant appeal proceedings have been finally determined or a fact the significance of which was not appreciated by the convicted person or his advisers during the trial or appeal proceedings.<\/p>\n<p>(5) Where\u2014<\/p>\n<p>(a) after an application by a convicted person under subsection (1) and any subsequent re-trial the person stands convicted of an offence, and<\/p>\n<p>(b) the person alleges that a fact discovered by him or coming to his notice after the hearing of the application and any subsequent re-trial or a fact the significance of which was not appreciated by him or his advisers during the hearing of the application and any subsequent re-trial shows that there has been a miscarriage of justice in relation to the conviction, or that the sentence was excessive,<\/p>\n<p>he may apply to the Court for an order quashing the conviction or reviewing the sentence and his application shall be treated as if it were an application under that subsection.<\/p>\n<h4>Jurisdiction of Court of Criminal Appeal in relation to appeals.<\/h4>\n<p>3.\u2014(1) On the hearing of an appeal against conviction of an offence the Court may\u2014<\/p>\n<p>(a) affirm the conviction (and may do so, notwithstanding that it is of opinion that a point raised in the appeal might be decided in favour of the appellant, if it considers that no miscarriage of justice has actually occurred), or<\/p>\n<p>(b) quash the conviction and make no further order, or<\/p>\n<p>(c) quash the conviction and order the applicant to be re-tried for the offence, or<\/p>\n<p>(d) quash the conviction and, if it appears to the Court that the appellant could have been found guilty of some other offence and that the jury must have been satisfied of facts which proved him guilty of the other offence\u2014<\/p>\n<p>(i) substitute for the verdict a verdict of guilty of the other offence, and<\/p>\n<p>(ii) impose such sentence in substitution for the sentence imposed at the trial as may be authorised by law for the other offence, not being a sentence of greater severity.<\/p>\n<p>(2) On the hearing of an appeal against sentence for an offence the Court may quash the sentence and in place of it impose such sentence or make such order as it considers appropriate, being a sentence or order which could have been imposed on the convicted person for the offence at the court of trial.<\/p>\n<p>(3) The Court, on the hearing of an appeal or, as the case may be, of an application for leave to appeal, against a conviction or sentence may\u2014<\/p>\n<p>(a) where the appeal is based on new or additional evidence, direct the Commissioner of the Garda S\u00edoch\u00e1na to have such inquiries carried out as the Court considers necessary or expedient for the purpose of determining whether further evidence ought to be adduced;<\/p>\n<p>(b) order the production of any document, exhibit or other thing connected with the proceedings;<\/p>\n<p>(c) order any person who would have been a compellable witness in the proceedings from which the appeal lies to attend for examination and be examined before the Court, whether or not he was called in those proceedings;<\/p>\n<p>(d) receive the evidence, if tendered, of any witness;<\/p>\n<p>(e) generally make such order as may be necessary for the purpose of doing justice in the case before the Court.<\/p>\n<p>(4) For the purposes of this section, the Court may order the examination of any witness whose attendance might be required under this section to be conducted, in a manner provided by rules of court, before any judge or officer of the Court or other person appointed by the Court for the purpose, and allow the admission of any depositions so taken as evidence before the Court.<\/p>\n<p>(5) The reference in subsection (1) (d) to a jury shall, where the trial was before a court sitting without a jury, be construed as a reference to that court.<\/p>\n<p>(6) Section 32 of the Courts of Justice Act, 1924, is hereby amended by the addition after \u201cpending the determination of his appeal\u201d of \u201cor application for leave to appeal\u201d.<\/p>\n<p>(7) A legal aid certificate which was granted in relation to the trial of an accused person who has been ordered by the Court under this section to be re-tried shall have effect as if it had been granted also in relation to his re-trial.<\/p>\n<p>(8) The references in section 44 (2) of the Offences Against the State Act, 1939, to section 34 of the Criminal Justice Act, 1924, and section 5 of the Criminal Justice Act, 1928, shall be construed as references to this section.<\/p>\n<h4>Re-trial.<\/h4>\n<p>4.\u2014(1) Where a person is ordered under this Act to be re-tried for an offence he may, notwithstanding any rule of law, be again indicted and tried and, if found guilty, sentenced for that offence.<\/p>\n<p>(2) In a case to which subsection (1) relates the Court may\u2014<\/p>\n<p>(a) where a legal aid certificate does not apply in respect thereof, order that the costs of the appeal and of the new trial, in whole or in part, be paid by the State, unless the Court is of opinion that the necessity for the appeal and the new trial has been contributed to by the defence,<\/p>\n<p>(b) order that the accused be detained in custody or be admitted to bail pending the re-trial on such terms as the Court thinks proper,<\/p>\n<p>(c) order that any property or money forfeited, restored or paid by virtue of the conviction or of any order made on the conviction be retained pending the re-trial.<\/p>\n<h4>Summary determination.<\/h4>\n<p>5.\u2014(1) If it appears to the registrar of the Court that a notice of an application for leave to appeal does not show any substantial ground of appeal or, in the case of an application under section 2, that the application does not disclose a prima facie case that a miscarriage of justice has occurred in relation to the conviction or that the sentence is excessive, he may, without calling for the report of the official stenographer, refer the application to the Court for summary determination; and where the case is so referred the Court may, if it considers that the application is frivolous or vexatious and can be determined without adjourning it for a full hearing, dismiss it summarily, without calling on anyone to attend the hearing or to appear on behalf of the prosecution.<\/p>\n<p>(2) The jurisdiction of the Court under subsection (1) may be exercised by a single judge of the Court and an appeal may be made to the Court by the convicted person against the summary determination of an application.<\/p>\n<h4>Application to Courts-Martial Appeal Court.<\/h4>\n<p>F1[6. (1) Sections 2 to 5 and 7 shall have effect with the following modifications where the conviction or sentence concerned is a conviction or sentence of a court-martial:<\/p>\n<p>(a) the references in section 2 to a conviction or sentence shall be construed as references to a conviction or sentence of a court-martial;<\/p>\n<p>(b) the reference in section 3 to the jury shall be construed as a reference to the court-martial;<\/p>\n<p>(c) the references in section 3 to the trial shall be construed as references to the court-martial;<\/p>\n<p>(d) the reference in section 3(3) to the Commissioner of the Garda S\u00edoch\u00e1na shall be construed as a reference to the Deputy Chief of Staff (Support) of the Defence Forces;<\/p>\n<p>(e) the reference in section 4(1) to any rule of law shall include a reference to anything in the Defence Act 1954.<\/p>\n<p>(2) The Superior Courts Rules Committee may, with the concurrence of the Minister for Justice and Equality, make rules of court for the purposes of this section.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nSubstituted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 50, S.I. No. 479 of 2014.<\/p>\n<h4>Petition for grant of pardon.<\/h4>\n<p>7.\u2014(1) If a person\u2014<\/p>\n<p>(a) who has been convicted of an offence,<\/p>\n<p>(b) who after appeal against the conviction stands convicted of an offence, and<\/p>\n<p>(c) who alleges that a new or newly-discovered fact shows that a miscarriage of justice has occurred in relation to the conviction,<\/p>\n<p>petitions the Minister for Justice with a view to the Government advising the President to grant a pardon under Article 13.6 of the Constitution and no further proceedings are pending in relation to the appeal, the following provisions of this section shall apply.<\/p>\n<p>(2) The Minister for Justice shall make or cause to be made such inquiries as he considers necessary and\u2014<\/p>\n<p>(a) if he is of opinion either\u2014<\/p>\n<p>(i) that the matters dealt with in the petition could appropriately be dealt with by way of an application to the Court pursuant to section 2, or<\/p>\n<p>(ii) that a case has not been made out that a miscarriage of justice has occurred and that no useful purpose would be served by further investigation,<\/p>\n<p>shall inform the petitioner accordingly and take no further action, and<\/p>\n<p>(b) in any other case, shall recommend to the Government either\u2014<\/p>\n<p>(i) that it should advise the President to grant a pardon in respect of the offence of which the applicant was convicted, or<\/p>\n<p>(ii) that it should appoint a committee pursuant to section 8 to inquire into and report on the case.<\/p>\n<p>(3) In subsection (1) (c) the reference to a new fact is to a fact known to the convicted person at the time of the trial or appeal proceedings the significance of which was appreciated by him, where he alleges that there is a reasonable explanation for his failure to adduce evidence of that fact.<\/p>\n<p>(4) The reference in subsection (1) (c) to a newly-discovered fact is to a fact discovered by or coming to the notice of the convicted person after the relevant appeal proceedings have been finally determined or a fact the significance of which was not appreciated by the convicted person or his advisers during the trial or appeal proceedings.<\/p>\n<p>(5) References in subsections (1) and (2) to the Minister for Justice shall, in relation to a conviction by court-martial, be construed as references to the Minister for Defence.<\/p>\n<p>(6) Nothing in this section shall affect any functions of the Minister for Justice in relation to a petition to him from a person other than a person mentioned in subsection (1) with a view to the Government advising the President to grant a pardon under Article 13.6 of the Constitution.<\/p>\n<h4>Committee to inquire into alleged miscarriages of justice.<\/h4>\n<p>8.\u2014(1) The Government, for the purpose of enabling it to decide whether or not to advise the President to exercise the right of pardon conferred by Article 13.6 of the Constitution, may establish a committee to inquire into any or all of the matters dealt with in a petition for the grant of a pardon by the President and to report whether, in the opinion of the committee, the President should be so advised.<\/p>\n<p>(2) The committee shall be a tribunal within the meaning of the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979.<\/p>\n<p>(3) Where a committee consists of more than one member, the Government shall designate one of the members to be its chairman.<\/p>\n<p>(4) The person constituting the committee (or, where the committee consists of more than one member, its chairman) shall be either a judge or former judge or a practising barrister or solicitor of not less than ten years standing.<\/p>\n<p>(5) A committee may receive such evidence and other information as it sees fit, whether or not that evidence or information is or would be admissible in a court of law.<\/p>\n<h4>Compensation for miscarriage of justice.<\/h4>\n<p>9.\u2014(1) Where a person has been convicted of an offence and either\u2014<\/p>\n<p>(a) (i) his conviction has been quashed by the Court on an application under section 2 or on appeal, or he has been acquitted in any re-trial, and<\/p>\n<p>(ii) the Court or the court of re-trial, as the case may be, has certified that a newly-discovered fact shows that there has been a miscarriage of justice,<\/p>\n<p>or<\/p>\n<p>(b) (i) he has been pardoned as a result of a petition under section 7, and<\/p>\n<p>(ii) the Minister for Justice is of opinion that a newly-discovered fact shows that there has been a miscarriage of justice,<\/p>\n<p>the Minister shall, subject to subsections (2) and (3), pay compensation to the convicted person or, if he is dead, to his legal personal representatives unless the non-disclosure of the fact in time is wholly or partly attributable to the convicted person.<\/p>\n<p>(2) A person to whom subsection (1) relates shall have the option of applying for compensation or of instituting an action for damages arising out of the conviction.<\/p>\n<p>(3) No payment of compensation under this section shall be made unless an application for such compensation has been made to the Minister for Justice.<\/p>\n<p>(4) The compensation shall be of such amount as may be determined by the Minister for Justice.<\/p>\n<p>(5) Any person who is dissatisfied with the amount of compensation determined by the Minister may apply to the High Court to determine the amount which the Minister shall pay under this section and the award of the High Court shall be final.<\/p>\n<p>(6) In subsection (1) \u201cnewly-discovered fact\u201d means\u2014<\/p>\n<p>(a) where a conviction was quashed by the Court on an application under section 2 or a convicted person was pardoned as a result of a petition under section 7, or has been acquitted in any re-trial, a fact which was discovered by him or came to his notice after the relevant appeal proceedings had been finally determined or a fact the significance of which was not appreciated by the convicted person or his advisers during the trial or appeal proceedings, and<\/p>\n<p>(b) where a conviction was quashed by that Court on appeal, a fact which was discovered by the convicted person or came to his notice after the conviction to which the appeal relates or a fact the significance of which was not appreciated by the convicted person or his advisers during the trial.<\/p>\n<h4>Uncorroborated confession.<\/h4>\n<p>10.\u2014(1) Where at a trial of a person on indictment evidence is given of a confession made by that person and that evidence is not corroborated, the judge shall advise the jury to have due regard to the absence of corroboration.<\/p>\n<p>(2) It shall not be necessary for a judge to use any particular form of words under this section.<\/p>\n<p>Appeal from Central Criminal Court.<\/p>\n<p>11.\u2014F2[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nRepealed (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 73 and sch. 1 item 8, S.I. No. 479 of 2014.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPrevious affecting provision: section repealed by Courts and Court Officers Act 1995 (31\/1995), s. 3 and sch. 1 part 2, not commenced; superseded as per F-note above.<\/p>\n<p>Expenses.<\/p>\n<p>12.\u2014The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Repeals.<\/p>\n<p>13.\u2014The enactments referred to in column (2) of the Schedule to this Act are hereby repealed to the extent mentioned in column (3) of the Schedule.<\/p>\n<p>Short title.<\/p>\n<p>14.\u2014This Act may be cited as the Criminal Procedure Act, 1993.<\/p>\n<p>SCHEDULE<\/p>\n<p>Enactments Repealed<\/p>\n<p>Section 13.<\/p>\n<p>No. and Year<\/p>\n<p>Short Title<\/p>\n<p>Extent of Repeal<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>No. 10 of 1924<\/p>\n<p>Courts of Justice Act, 1924<\/p>\n<p>Section 34<\/p>\n<p>No. 15 of 1928<\/p>\n<p>Courts of Justice Act, 1928<\/p>\n<p>Section 5<\/p>\n<p>No. 19 of 1983<\/p>\n<p>Courts-Martial Appeals Act, 1983<\/p>\n<p>Section 18<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1383\" data-postid=\"1383\" class=\"themify_builder_content themify_builder_content-1383 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Appeal to Supreme Court Formerly the courts held there was a direct right of appeal from the Central Criminal Court to the Supreme Court as well as to the Court of Appeal.\u00a0 This anomaly was abolished in 1993.\u00a0 It arose because the Central Criminal Court is technically the High Court so that the constitutional right [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[361],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1383"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1383"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1383\/revisions"}],"predecessor-version":[{"id":33642,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1383\/revisions\/33642"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1383"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1383"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1383"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}