{"id":1479,"date":"2021-07-23T21:38:26","date_gmt":"2021-07-23T21:38:26","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1479"},"modified":"2024-03-21T18:25:51","modified_gmt":"2024-03-21T18:25:51","slug":"dc-course-of-proceedings","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/dc-course-of-proceedings\/","title":{"rendered":"District Court Criminal"},"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\/dc-course-of-proceedings\/#In_Public\" title=\"In Public\">In Public<\/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\/dc-course-of-proceedings\/#Language\" title=\"Language\">Language<\/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\/dc-course-of-proceedings\/#Parties_and_Representatives\" title=\"Parties and Representatives\">Parties and Representatives<\/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\/dc-course-of-proceedings\/#Assistants\" title=\"Assistants\">Assistants<\/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\/dc-course-of-proceedings\/#Etiquette\" title=\"Etiquette\">Etiquette<\/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\/dc-course-of-proceedings\/#Commencement\" title=\"Commencement\">Commencement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/dc-course-of-proceedings\/#Bench_Warrant\" title=\"Bench Warrant\">Bench Warrant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/dc-course-of-proceedings\/#Initial_Stages\" title=\"Initial Stages\">Initial Stages<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/dc-course-of-proceedings\/#Plea\" title=\"Plea\">Plea<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/dc-course-of-proceedings\/#Charges\" title=\"Charges\">Charges<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/dc-course-of-proceedings\/#Evidence\" title=\"Evidence\">Evidence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/dc-course-of-proceedings\/#Powers_of_Court\" title=\"Powers of Court\">Powers of Court<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/dc-course-of-proceedings\/2\/#CRIMINAL_LAW_ACT_1997\" title=\"CRIMINAL LAW ACT 1997\">CRIMINAL LAW ACT 1997<\/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-14\" href=\"https:\/\/legalblog.ie\/dc-course-of-proceedings\/2\/#Amendment_of_Courts_Act_1971\" title=\"\nAmendment of Courts Act, 1971 .\">\nAmendment of Courts Act, 1971 .<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"In_Public\"><\/span>In Public<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The District Court hears cases in open court.\u00a0 This accords with the general constitutional principle that justice is to be administered by courts established by law and save in such special and limited cases as may be prescribed by law shall be administered in public.<\/p>\n<p>There are limited provisions whereby the public may be excluded.\u00a0 This may arise if the matter is of an indecent or obscene nature, \u00a0cases involving children or where children are witnesses, certain bail applications and certain other cases where the interests of justice so require.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Language\"><\/span>Language<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may use either official language (English or Irish) in pleadings or documents arising in court proceedings.\u00a0 The court, however, has a duty to ensure that any person appearing and giving evidence before it may be heard in the official language of his choice and in so being heard, the person shall not be placed at a disadvantage by not being heard in the other official language.<\/p>\n<p>For the purpose of ensuring that no person is placed at a disadvantage, the Courts may course such facilities to be made available as it considers appropriate for the simultaneous or consecutive interpretation of proceedings from one official language to the other.<\/p>\n<p>Where the State or a public body is a party to civil proceedings before the Court, the State or public body shall use the official language chosen by the other party.\u00a0 If two or more persons other than the State body are a party and they fail to choose or agree on the official language to be used in the proceedings, the State or the public body shall use in the proceedings such official language as appears reasonable, having regard to the circumstances.<\/p>\n<p>A person shall not be compelled to give evidence in any particular official language in any proceeding.\u00a0 By choosing to use an official language in any proceedings, a person shall not be put by the court or a public body to any inconvenience and expense over and above that which he would have been incurred if he had chosen to use the other official language.<\/p>\n<p>Apart from issues concerning the Irish language, where it is in the interests of justice, the court may authorise an interpreter in proceedings.\u00a0 The interpreter must make an oath to fully and truthfully interpret the evidence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Parties_and_Representatives\"><\/span>Parties and Representatives<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Parties to the proceedings and their solicitor or barrister are entitled to appear in court, address the court and conduct the proceedings.\u00a0 In prosecutions at the suit of the DPP, the Director or members of An Garda S\u00edoch\u00e1na or other person appearing in the name of the Director, may appear and conduct the proceedings.<\/p>\n<p>In Revenue cases, a duly authorised solicitor, officer of the Revenue or the Revenue solicitor may appear.\u00a0 Legislation may authorise officers of particular departments or bodies to prosecute particular offences in the area which they regulate.<\/p>\n<p>Apart from the above, the mother, father, son, daughter, husband, wife, brother or sister of any party may appear on their behalf provided they have the leave of court to appear and be heard, and the court is satisfied that the party is from infirmity or other unavoidable cause unable to appear.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Assistants\"><\/span>Assistants<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the accused is under 21 years of age or where the offence is of an indecent or obscene nature, and the person against whom it is alleged to be committed is under 21 or is a female, a parent or other relative of that friend shall be entitled to remain in court during the hearing.<\/p>\n<p>A person may be accompanied by so-called \u201cMcKenzie Friend\u201d even where the law prescribes that the matter should be heard other than in public.\u00a0 This is a person who may accompany the party to proceedings as a friend. He or she may take notes and may quietly make suggestions and assist generally.\u00a0 He or she may not act as an advocate.<\/p>\n<p>Where a party appearing before the court is blind or partially sighted and requires assistance, the court may at the request of the party, counsel, or solicitor, authorise another person to assist them.\u00a0 Counsel or solicitor in the proceedings may provide such assistance, subject to such directions as the court may give.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Etiquette\"><\/span>Etiquette<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Legal representatives are not required to wear a ceremonial wig or robes.\u00a0 Judges shall wear a black coat and gown of uniform nature.\u00a0 Wigs and gowns are not sworn in cases involving children and young persons.<\/p>\n<p>The judge is addressed as \u201cJudge\u201d or in Irish, \u201cBhreithimh\u201d.\u00a0 This replaces the former practice of referring to District Justices or Judges as, \u201cYour Honour\u201d in accordance with the traditional mode of address.<\/p>\n<p>Solicitors and barristers are the only persons who may provide a range of services, including the conduct of litigation for reward.\u00a0 Under EU law, visiting lawyers may be entitled to represent clients subject to conditions.\u00a0 The courts are entitled to require that lawyers appearing before them authenticate their qualifications.<\/p>\n<p>Solicitors and barristers as officers of the court are subject to the control of the court and have ethical obligations to the court.\u00a0 See generally the chapters in relation to the duties of solicitors and barristers.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Commencement\"><\/span>Commencement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>As set out in the chapter in relation to the commencement of proceedings, a summons is a mechanism to secure the appearance of the accused before the court.\u00a0 Generally, an appearance will cure the defect in the proceedings.\u00a0 A person may attend by solicitor or counsel to argue the invalidity of the summons and this may not amount to an appearance in the sense of a submission to jurisdiction.<\/p>\n<p>If the accused does not appear in person or by solicitor or counsel, the court, if satisfied that the summons has been duly served, may proceed to deal with the complaint in his absence.\u00a0 This is commonly the approach with very minor offences. \u00a0If the complaint is proved, the accused may be convicted in his absence.<\/p>\n<p>Alternatively, it may issue a warrant and adjourn the matter. If the defendant fails to appear, the complaint should be vouched on oath before a warrant may issue.<\/p>\n<p>If the judge believes that the applicant did not know about the case, the more appropriate course is to adjourn the matter or to make further enquiries regarding service.<\/p>\n<p>If the offence is one which is sufficiently serious for the judge to consider a prison sentence, fair procedures and natural justice are more likely to require adjournment to ensure that the accused is present.\u00a0 However, there is not necessarily an obligation to secure attendance.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Bench_Warrant\"><\/span>Bench Warrant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A District Judge may issue a bench warrant if a person fails to appear to a summons, is evading service or is about to abscond. The court may direct or endorse on the warrant that the accused when arrested may be released on entering a recognisance with or without a surety for appearance before the court.<\/p>\n<p>In this case, a member of An Garda S\u00edoch\u00e1na who arrests the person shall discharge him on his entering a recognisance as the case may be.\u00a0 Provision may be made for payment of a sum by way of security in lieu of a recognisance.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Initial_Stages\"><\/span>Initial Stages<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The legislation provides in order to safeguard time that where a person first appears before District Court charged with an offence, a certificate purporting to be signed by a member of An Garda S\u00edoch\u00e1na, stating that he did at the specified time, arrest the person for the specified offence, charge and caution him, is admissible as evidence of the matters certified.<\/p>\n<p>In the laying of a charge sheet and recognisance before the District Court, the court shall require the person present on whom the charge sheet and recognisance relate, to identify himself. He is obliged to so do to the court.\u00a0District Judge is entitled to ask questions and take steps to ensure the identity of persons in court.<\/p>\n<p>Prosecutor may add charges or make new charges against a person who is present in court.\u00a0 They may be dealt with, or the accused may request and is generally entitled to an adjournment in these circumstances. The fresh complaint is subject to the general time limits for making a complaint.\u00a0 In the absence of a fresh complaint, the court has no jurisdiction to substitute charges.<\/p>\n<p>If the accused is present and that the prosecutor is not present, the court may strike out, dismiss the summons or adjourn the matter.\u00a0 If the court is satisfied that the complaint discloses no offence at law, it may strike out or dismiss the complaint, with or without awarding costs.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Plea\"><\/span>Plea<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may accept a guilty plea and proceed to sentence or sanction. Generally, a plea of guilty will be a mitigating factor. The making of a guilty plea does not preclude the imposition of the maximum penalty.<\/p>\n<p>A person does not plead guilty to an offence unless he clearly indicated so.\u00a0 Where he pleads guilty to one offence but not to another, the court may proceed to consider the offences to which he has not pleaded guilty.\u00a0\u00a0 It appears that where a person has pleaded guilty to a charge, he may withdraw his plea if it later appears that the possibility of a custodial sentence arises.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Charges\"><\/span>Charges<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The courts have the discretion to hear a number of charges together if there are common facts and circumstances.\u00a0 Alternatively, in other cases, it may be necessary to have them heard separately.\u00a0 Where the charges are too numerous and complicated, or where joint trials would be prejudicial or embarrassing to the accused, separate trials may be required in the interest of justice.<\/p>\n<p>Where a number of persons are charged in separate summonses with a similar offence arising out of the same facts, each is entitled to a separate trial in the absence of consent otherwise. Persons who are charged jointly are not entitled to separate trials.\u00a0 This is a matter for the judge\u2019s discretion.<\/p>\n<p>Each charge is to be considered separately.\u00a0 The onus of proof lies on the prosecutor in each case.\u00a0 A separate sanction or penalty may be imposed for each charge.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Evidence\"><\/span>Evidence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Certain proceedings may be heard in part through video link.\u00a0 In particular, prisons legislation allows certain applications to the court in criminal proceedings to be undertaken by of video link.<\/p>\n<p>A challenge to the validity of proceedings may be taken before they commence.\u00a0 They may be on any grounds, such as lack of jurisdiction, undue delay causing prejudice etc.\u00a0 Generally, an objection to jurisdiction is waived unless made at the outset.<\/p>\n<p>Objection to specific evidence may be taken before the evidence is adduced by the other party.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Powers_of_Court\"><\/span>Powers of Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The District Court is a court of summary jurisdiction and does not have the power to determine the validity or invalidity of legislation under the Constitution.\u00a0 This is reserved to the superior courts (High Court, Court of Appeal and Supreme Court) exclusively.<\/p>\n<p>Where the accused attends in person or through a solicitor or counsel and admits the complaint, the court, unless there is reason to the contrary, may convict him and make the appropriate order.\u00a0 If the offence charged is not admitted, the court is to proceed to hear the matter.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL LAW ACT 1997<\/h2>\n<h4>\nAmendment of Courts Act, 1971 .<\/h4>\n<p>20.\u2014The Courts Act, 1971 , is hereby amended by\u2014<\/p>\n<p>(a) the insertion of the following section:<\/p>\n<p>\u201cDistrict Court seal.<\/p>\n<p>13A. (1) The District Court shall, as soon as may be after the passing of the Criminal Justice (Miscellaneous Provisions) Act, 1997, provide itself with one or, as may be appropriate, more than one seal\u2014<\/p>\n<p>(a) in respect of each District Court Area, and<\/p>\n<p>(b) in respect of the Dublin Metropolitan District,<\/p>\n<p>for use in the District Court Area concerned or the Dublin Metropolitan District, as the case may be.<\/p>\n<p>(2) A seal under this section shall be inscribed with the number of the District Court District and the name of the District Court Area to which it relates or, in the case of the Dublin Metropolitan District, with the name of that District.<\/p>\n<p>(3) Where there is more than one seal in respect of a District Court Area each such seal shall, in addition to the number it is required to bear under subsection (2), bear a number distinguishing it from all other seals in respect of that District Court Area.<\/p>\n<p>(4) Each seal in respect of the Dublin Metropolitan District shall, in addition to the name it is required to bear under subsection (2), bear a number distinguishing it from all other seals in respect of that District.<\/p>\n<p>(5) Rules of court may make provision for the custody of a seal under this section.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) the substitution of the following section for section 14:<\/p>\n<p>\u201c14. (1) In any legal proceedings regard shall not be had to any record, relating to a decision of a judge of the District Court in any case of summary jurisdiction, other than an order which, when an order is required, shall be drawn up by the District Court clerk and either\u2014<\/p>\n<p>(a) signed by the judge who made the order, or<\/p>\n<p>(b) affixed with the seal of the District Court in respect of the District Court Area in which the order was made or, where the order was made by a judge of the District Court sitting in the Dublin Metropolitan District, affixed with the seal of that District,<\/p>\n<p>or a copy thereof certified in accordance with rules of court.<\/p>\n<p>(2) A seal of the District Court when affixed to an order drawn up in accordance with this section shall be authenticated by the signature of the judge who made the order or the District Court clerk who drew up the order.\u201d.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1479\" data-postid=\"1479\" class=\"themify_builder_content themify_builder_content-1479 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>In Public The District Court hears cases in open court.\u00a0 This accords with the general constitutional principle that justice is to be administered by courts established by law and save in such special and limited cases as may be prescribed by law shall be administered in public. There are limited provisions whereby the public may [&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":[180],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1479"}],"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=1479"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1479\/revisions"}],"predecessor-version":[{"id":33646,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1479\/revisions\/33646"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1479"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1479"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1479"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}