{"id":1621,"date":"2021-08-02T21:15:07","date_gmt":"2021-08-02T21:15:07","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1621"},"modified":"2024-03-23T10:36:30","modified_gmt":"2024-03-23T10:36:30","slug":"trial-on-indictment","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/trial-on-indictment\/","title":{"rendered":"Trial on Indictment II"},"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\/trial-on-indictment\/#Procedure_Overview\" title=\"Procedure Overview\">Procedure Overview<\/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\/trial-on-indictment\/#Presentation_of_Evidence\" title=\"Presentation of Evidence\">Presentation of Evidence<\/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\/trial-on-indictment\/#Leading_Questions\" title=\"Leading Questions\">Leading Questions<\/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\/trial-on-indictment\/#Cross-examination\" title=\"Cross-examination\">Cross-examination<\/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\/trial-on-indictment\/#Re-examination\" title=\"Re-examination\">Re-examination<\/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\/trial-on-indictment\/#Relevance\" title=\"Relevance\">Relevance<\/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\/trial-on-indictment\/#Previous_Consistent_Statement\" title=\"Previous\u00a0Consistent Statement\">Previous\u00a0Consistent Statement<\/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\/trial-on-indictment\/#Previous_Inconsistent_Statement\" title=\"Previous Inconsistent Statement\">Previous Inconsistent Statement<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#CRIMINAL_JUSTICE_ACT_1984\" title=\"CRIMINAL JUSTICE ACT 1984\">CRIMINAL JUSTICE ACT 1984<\/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-10\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#Inferences_from_failure_refusal_to_account_for_objects_marks_etc\" title=\"Inferences from failure, refusal to account for objects, marks, etc.\">Inferences from failure, refusal to account for objects, marks, etc.<\/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\/trial-on-indictment\/2\/#Inferences_from_failure_of_accused_to_mention_particular_facts\" title=\"Inferences from failure of accused to mention particular facts.\">Inferences from failure of accused to mention particular facts.<\/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\/trial-on-indictment\/2\/#Trial_Procedure\" title=\"Trial Procedure\">Trial Procedure<\/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\/trial-on-indictment\/2\/#Notice_of_alibi_in_trials_on_indictment\" title=\"Notice of alibi in trials on indictment.\">Notice of alibi in trials on indictment.<\/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\/trial-on-indictment\/2\/#Proof_by_written_statement\" title=\"Proof by written statement.\">Proof by written statement.<\/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\/trial-on-indictment\/2\/#Proof_by_formal_admission\" title=\"Proof by formal admission.\">Proof by formal admission.<\/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\/trial-on-indictment\/2\/#Abolition_of_right_of_accused_to_make_unsworn_statement\" title=\"Abolition of right of accused to make unsworn statement.\">Abolition of right of accused to make unsworn statement.<\/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\/trial-on-indictment\/2\/#Order_of_closing_speeches\" title=\"Order of closing speeches.\">Order of closing speeches.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#Majority_verdicts\" title=\"Majority verdicts.\">Majority verdicts.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#CRIMINAL_JUSTICE_ACT_2006\" title=\"CRIMINAL JUSTICE ACT 2006\">CRIMINAL JUSTICE ACT 2006<\/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-20\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#Admissibility_of_Certain_Witness_Statements\" title=\"Admissibility of Certain Witness Statements\">Admissibility of Certain Witness Statements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#Admissibility_of_certain_witness_statements\" title=\"Admissibility of certain witness statements.\">Admissibility of certain witness statements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#Witness_statements_made_to_members_of_Garda_Siochana\" title=\"Witness statements made to members of Garda S\u00edoch\u00e1na.\">Witness statements made to members of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#Other_witness_statements\" title=\"Other witness statements.\">Other witness statements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#Regulations_concerning_certain_witness_statements_which_are_recorded\" title=\"Regulations concerning certain witness statements which are recorded.\">Regulations concerning certain witness statements which are recorded.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#Amendment_of_section_4E_of_Act_of_1967\" title=\"Amendment of section 4E of Act of 1967.\">Amendment of section 4E of Act of 1967.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/trial-on-indictment\/2\/#Anonymity_of_certain_witnesses\" title=\"Anonymity of certain witnesses.\">Anonymity of certain witnesses.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Procedure_Overview\"><\/span>Procedure Overview<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A trial in the Circuit Court or Central Criminal Court involves the following steps<\/p>\n<ul>\n<li>The Jury is empanelled and sworn in.<\/li>\n<li>The Judge may make initial remarks<\/li>\n<li>The prosecution may make an opening speech and present its witnesses.<\/li>\n<li>The Defendant\u2019s counsel cross-examines the witness and the prosecution may re-examine them<\/li>\n<li>At the end of the prosecution\u2019s case, the defence may apply for an acquittal by way of a Judge\u2019s direction on the basis that there is no case to answer.<\/li>\n<li>This defence may present its evidence if it chooses to do so.<\/li>\n<li>Each defence witness is examined, cross-examined by the prosecution and re-examined as necessary.<\/li>\n<li>The Prosecution and defence then make their closing speeches.<\/li>\n<li>The judge directs the jury in relation to the law.<\/li>\n<li>The jury deliberates and delivers a verdict in open court.<\/li>\n<li>After conviction, the trial is usually adjourned for sentencing.<\/li>\n<\/ul>\n<p>In the Special Criminal Court, no jury is empanelled. The above steps are applicable without the involvement of the jury.<\/p>\n<p>Where persons are tried jointly, the following procedure applies.<\/p>\n<ul>\n<li>The prosecution will present its case as above<\/li>\n<li>Each co-accused may cross-examine each witness in turn<\/li>\n<li>Each may apply for a directed acquittal to the judge.<\/li>\n<li>Each may then offer his evidence, and each may be cross-examined on behalf of the other co-accused as well as the prosecutor.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Presentation_of_Evidence\"><\/span>Presentation of Evidence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The examination in chief or direct evidence is elicited by the party who calls the witness.\u00a0 He is to provide a narrative of the relevant material. \u00a0Counsel for the party who calls the witness will seek to unfold the relevant narrative, by way of admissible evidence.<\/p>\n<p>Generally, evidence is limited to matters of which the witness has first-hand perceived knowledge.\u00a0 Opinion evidence may not be given, other than by a witness, first accepted as a witness.<\/p>\n<p>Evidence in the examination in chief may not use leading questions to elicit a reply in relation to matters in controversy. Leading questions may be permitted by accepted without objection in relation to matters that are not seriously contested, such as introductory and contextual evidence, as a precursor to evidence on the contended matters.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Leading_Questions\"><\/span>Leading Questions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Leading questions are those which are too narrow and request a particular answer typically \u201cyes\u201d or \u201cno\u201d.\u00a0 They also include questions that assume facts that are in dispute.\u00a0 They may accordingly imply that such and such is already proved or accepted when it is not the case.<\/p>\n<p>Leading questions are generally allowed in examination in chief in relation to introductory and formal matters, the identification of parties in court, agreed and uncontested facts and in some cases refreshing memory.<\/p>\n<p>Leading questions may be permitted by no objection being taken to it.\u00a0 The other party may be satisfied to allow them where the evidence is not controversial.\u00a0 The judge may allow leading questions where deemed necessary.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Cross-examination\"><\/span>Cross-examination<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A party may choose not to cross-examine a witness.\u00a0 However, this may have serious consequences. \u00a0If it is intended to call a witness to contradict and rebut the witness\u2019 evidence, a so-called foundation must be laid in the cross-examination.\u00a0 He must be given the opportunity to refute the rebutting witness. The substance of the evidence concerned must be put to the witness.<\/p>\n<p>Cross-examination is designed to elicit the facts useful for the examining party\u2019s client.\u00a0 It seeks to discover the truth and test the credibility of the witness\u2019s accuracy of recollection. It seeks to elicit and procure facts that are helpful to the examining party\u2019s case.<\/p>\n<p>The accused cannot be compelled to give evidence.\u00a0 Accordingly, he may not be cross-examined unless he chooses to give evidence.<\/p>\n<p>In rape and sexual offence, questions about prior sexual history with any person is precluded without the leave of court.<\/p>\n<p>The right to cross-examine witnesses is an essential part of fair procedures and a trial in due course of law.\u00a0 It has been recognised as an element of the right to fair procedures under the European Convention on Human Rights.\u00a0 It is part of the so-called right of confrontation in a trial.<\/p>\n<p>The obligation to disclose evidence of assistance which is of assistance to the accused imports the right to cross-examine and confront the witness with the relevant facts.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Re-examination\"><\/span>Re-examination<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Re-examination is the final stage in the examination of a witness.\u00a0 The party is re-examined by the counsel for the party who has called him.\u00a0 The purpose of re-examination is to redress the effect of cross-examination.<\/p>\n<p>The rules applicable to examination in chief applies.\u00a0 Re-examination must be limited to matters that arise out of the cross-examination.<\/p>\n<p>Re-examination may explain evidence given in cross-examination.\u00a0 If a contradiction or inconsistency has been shown, the examination may give an explanation that puts it in a fresh light.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Relevance\"><\/span>Relevance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The judge may disallow questions in cross-examination according to principles of justice and fairness. The judge has jurisdiction to ensure that the trial is properly conducted and that it does not depart from standards of fairness. Questions may be disallowed if they are demeaning personally, bullying, intimidatory, belittling or oppressive to the witness.<\/p>\n<p>Evidence must be relevant to facts and issues.\u00a0 Where evidence is given by one party, the other party may rebut it by calling other witnesses or offering other admissible evidence.<\/p>\n<p>Where the answers relate to so-called collateral issues, being those which are not directly in issue, answers given on cross-examination are usually final and may not be contradicted by new evidence. The purpose is to maintain a limit on the scope of the enquiry.\u00a0 Collateral issues may relate to matters and issues such as credibility.<\/p>\n<p>There are exceptions to the above principle, that an answer on a collateral matter may not be rebutted.\u00a0 In particular, matters that go to the credibility and reliability of the evidence of the witness including prior conviction, bias, potential bias, reputation for untruthfulness, a physical or mental disability affecting the witness and previous inconsistent statements may be raised.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Previous_Consistent_Statement\"><\/span>Previous\u00a0Consistent Statement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is generally inadmissible to refer to a previous consistent statement, offered in examination or re-examination. The purpose is to prevent the manufacture of self-serving statements.<\/p>\n<p>There are exceptions to the rule. The Judge may allow the evidence in special circumstances. One exception is evidence that a witness has identified the accused on previous occasions evidence may be admissible to reinforce identification at the trial.<\/p>\n<p>In prosecutions for rape and sexual offences, recent complaints after the offence are admissible.<\/p>\n<p>A previous statement may be given to rebut an allegation of recent fabrication.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Previous_Inconsistent_Statement\"><\/span>Previous Inconsistent Statement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A hostile witness is one who is called to give unexpected unfavourable and disappointing evidence having given favourable evidence before.\u00a0 A party who has called such a witness may apply to the Judge to have it declared hostile.\u00a0 If the witness is so declared, this will permit cross-examination of the witness by the party who has called the witness.<\/p>\n<p>A previous inconsistent statement may only be used for the purpose of challenging credibility.\u00a0 The previous statement is not evidence in itself.\u00a0 Criminal Justice Act 2007 makes provision for admission of previous statements in circumstances where there is a risk of witness intimidation.<\/p>\n<p>The Criminal Procedure Act 1865 deals with the use of prior inconsistent statements.\u00a0 If a witness on cross-examination as to a former statement does not distinctly admit that he has made such a statement, proof may be given that he did in fact make it.\u00a0 Before such proof can be given, the circumstances of the statement sufficient to designate the particular occasion must be mentioned to the witness and he must then be asked whether or not he has made such a statement.<\/p>\n<p>A witness may be cross-examined as to previous statements made by him in writing or reduced to writing in relation to the subject matter of the proceedings without such writing being shown.\u00a0 If it is intended to contradict the witness by means of the statement, his attention must first before such contradictory proof be given be called to those parts of the writing that are to be used for the purpose of contradicting him.\u00a0 The judge may at any time during the trial require the production of the writing for inspection. \u00a0He may thereupon make use of it for the purpose of the trial as he thinks fit.<\/p>\n<p>The prior inconsistent statement is admissible only for the purpose of undermining the witness\u2019s credibility and not as evidence of the truth of its content.\u00a0 The written inconsistent statement is not evidence in itself.<\/p>\n<p>The Criminal Justice Act 2006 sought to deal with witness intimidation in the case of so-called gang-related crimes. It gives statutory authority to judges to allow pre-trial witness statements to be admissible if the witness refuses to give evidence, denies making the statement or gives evidence in court that is inconsistent with the statement.\u00a0 In this case, the jury may accept the statement in place of the account in court.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE ACT 1984<\/h2>\n<h4>Inferences from failure, refusal to account for objects, marks, etc.<\/h4>\n<p>F49[18.\u2014 (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused\u2014<\/p>\n<p>(a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda S\u00edoch\u00e1na in relation to the offence, or<\/p>\n<p>(b) when being charged with the offence or informed by a member of the Garda S\u00edoch\u00e1na that he or she might be prosecuted for it,<\/p>\n<p>was requested by the member to account for any object, substance or mark, or any mark on any such object, that was\u2014<\/p>\n<p>(i) on his or her person,<\/p>\n<p>(ii) in or on his or her clothing or footwear,<\/p>\n<p>(iii) otherwise in his or her possession, or<\/p>\n<p>(iv) in any place in which he or she was during any specified period,<\/p>\n<p>and which the member reasonably believes may be attributable to the participation of the accused in the commission of the offence and the member informed the accused that he or she so believes, and the accused failed or refused to give an account, being an account which in the circumstances at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge\u2019s 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 or refusal as appear proper; and the failure or refusal 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 or refusal is material.<\/p>\n<p>(2) A person shall not be convicted of an offence solely or mainly on an inference drawn from a failure or refusal to account for a matter to which subsection (1) applies.<\/p>\n<p>(3) Subsection (1) shall not have effect unless\u2014<\/p>\n<p>(a) the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of the failure or refusal to account for a matter to which that subsection applies might be, and<\/p>\n<p>(b) the accused was afforded a reasonable opportunity to consult a solicitor before such failure or refusal occurred.<\/p>\n<p>(4) Nothing in this section shall, in any proceedings\u2014<\/p>\n<p>(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,<\/p>\n<p>(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, or<\/p>\n<p>(c) be taken to preclude the drawing of any inference from a failure or refusal to account for the presence of an object, substance or mark or for the condition of clothing or footwear which could properly be drawn apart from this section.<\/p>\n<p>(5) The court (or, subject to the judge\u2019s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, the account of the matter concerned was first given by the accused.<\/p>\n<p>(6) This section shall not apply in relation to the questioning of a person by a member of the Garda S\u00edoch\u00e1na unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.<\/p>\n<p>(7) Subsection (1) shall apply to the condition of clothing or footwear as it applies to a substance or mark thereon.<\/p>\n<p>(8) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.<\/p>\n<p>(9) In this section &#8220;arrestable offence&#8221; has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F49<br \/>\nSubstituted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 28(1), S.I. 236 of 2007, subject to transitional provisions in subss. (2) and (3).<\/p>\n<p>F50<br \/>\nSubstituted by Criminal Justice Act 2011 (22\/2011), s. 9(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C75<br \/>\nProspective affecting provision: subs. (3)(b) substituted by Criminal Justice Act 2011 (22\/2011), s. 9(c), not commenced as of date of revision.<\/p>\n<p>F50[(b) the accused was informed before such failure or refusal occurred that he or she had the right to consult a solicitor and, other than where he or she waived that right, the accused was afforded an opportunity to so consult before such failure or refusal occurred.]<\/p>\n<p>C76<br \/>\nApplication of section extended (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 108, S.I. No. 508 of 2015.<\/p>\n<p>Application of certain provisions of Act of 1984.<\/p>\n<p>52. \u2014[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.<\/p>\n<p>&#8230;<\/p>\n<p>C77<br \/>\nApplication of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29\/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 106, S.I. No. 508 of 2015.<\/p>\n<p>Application of certain provisions of Act of 1984.<\/p>\n<p>5.\u2014[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 2 as they apply to persons detained under section 4 of the Act of 1984.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E31<br \/>\nPrevious affecting provision: subss. (1) and (2) amended (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 16(1) and (2), S.I. No. 193 of 2001; substituted as per F-note above.<\/p>\n<p>Inferences from accused\u2019s presence at a particular place.<\/p>\n<p>F51[19.\u2014 (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused\u2014<\/p>\n<p>(a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda S\u00edoch\u00e1na in relation to the offence, or<\/p>\n<p>(b) when being charged with the offence or informed by a member of the Garda S\u00edoch\u00e1na that he or she might be prosecuted for it,<\/p>\n<p>was requested by the member to account for his or her presence at a particular place at or about the time the offence is alleged to have been committed, and the member reasonably believes that the presence of the accused at that place and at that time may be attributable to his or her participation in the commission of the offence and the member informed the accused that he or she so believes, and the accused failed or refused to give an account, being an account which in the circumstances at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge\u2019s 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 or refusal as appear proper; and the failure or refusal 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 or refusal is material.<\/p>\n<p>(2) A person shall not be convicted of an offence solely or mainly on an inference drawn from a failure or refusal to account for his or her presence at a particular place under subsection (1).<\/p>\n<p>(3) Subsection (1) shall not have effect unless\u2014<\/p>\n<p>(a) the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of the failure or refusal to account for his or her presence at a particular place might be, and<\/p>\n<p>(b) the accused was afforded a reasonable opportunity to consult a solicitor before such failure or refusal occurred.<\/p>\n<p>(4) Nothing in this section shall, in any proceedings\u2014<\/p>\n<p>(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,<\/p>\n<p>(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, or<\/p>\n<p>(c) be taken to preclude the drawing of any inference from the failure or refusal of a person to account for his or her presence which could properly be drawn apart from this section.<\/p>\n<p>(5) The court (or, subject to the judge\u2019s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, the account of his or her presence at a particular place concerned was first given by the accused.<\/p>\n<p>(6) This section shall not apply in relation to the questioning of a person by a member of the Garda S\u00edoch\u00e1na unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.<\/p>\n<p>(7) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.<\/p>\n<p>(8) In this section &#8220;arrestable offence&#8221; has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F51<br \/>\nSubstituted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 29(1), S.I. No. 236 of 2007; subject to transitional provisions in s. 29(2) and (3).<\/p>\n<p>F52<br \/>\nSubstituted by Criminal Justice Act 2011 (22\/2011), s. 9(d), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C78<br \/>\nProspective amending provision: subs. (3)(b) substituted by Criminal Justice Act 2011 (22\/2011), s. 9(d), not commenced as of date of revision.<\/p>\n<p>F52[(b) the accused was informed before such failure or refusal occurred that he or she had the right to consult a solicitor and, other than where he or she waived that right, the accused was afforded an opportunity to so consult before such failure or refusal occurred.]<\/p>\n<p>C79<br \/>\nApplication of section extended (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 108, S.I. No. 508 of 2015.<\/p>\n<p>Application of certain provisions of Act of 1984.<\/p>\n<p>52. \u2014[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.<\/p>\n<p>&#8230;<\/p>\n<p>C80<br \/>\nApplication of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29\/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 106, S.I. No. 508 of 2015.<\/p>\n<p>Application of certain provisions of Act of 1984.<\/p>\n<p>5.\u2014[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 2 as they apply to persons detained under section 4 of the Act of 1984.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E32<br \/>\nPrevious affecting provision: subss. (1) and (2) amended (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 16(1) and (2), S.I. No. 193 of 2001; substituted as per F-note above.<\/p>\n<p>F53<\/p>\n<p>[<\/p>\n<h4>Inferences from failure of accused to mention particular facts.<\/h4>\n<p>19A.\u2014 (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused\u2014<\/p>\n<p>(a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda S\u00edoch\u00e1na in relation to the offence, or<\/p>\n<p>(b) when being charged with the offence or informed by a member of the Garda S\u00edoch\u00e1na that he or she might be prosecuted for it,<\/p>\n<p>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 clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge\u2019s 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.<\/p>\n<p>(2) A person shall not be convicted of an offence solely or mainly on an inference drawn from a failure to mention a fact to which subsection (1) applies.<\/p>\n<p>(3) Subsection (1) shall not have effect unless\u2014<\/p>\n<p>(a) the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of the failure to mention a fact to which that subsection applies might be, and<\/p>\n<p>(b) the accused was afforded a reasonable opportunity to consult a solicitor before such failure occurred.<\/p>\n<p>(4) Nothing in this section shall, in any proceedings\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(5) The court (or, subject to the judge\u2019s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to when the fact concerned was first mentioned by the accused.<\/p>\n<p>(6) This section shall not apply in relation to the questioning of a person by a member of the Garda S\u00edoch\u00e1na unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.<\/p>\n<p>(7) Subject to section 7 of the Criminal Justice (Drug Trafficking) Act 1996 and section 5 of the Offences Against the State (Amendment) Act 1998, this section shall not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.<\/p>\n<p>(8) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.<\/p>\n<p>(9) In this section &#8220;arrestable offence&#8221; has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F53<br \/>\nInserted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 30, S.I. No. 236 of 2007.<\/p>\n<p>F54<br \/>\nSubstituted by Criminal Justice Act 2011 (22\/2011), s. 9(e), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C81<br \/>\nProspective amending provision: subs. (3)(b) substituted by Criminal Justice Act 2011 (22\/2011), s. 9(e), not commenced as of date of revision.<\/p>\n<p>F54[(b) the accused was informed before such failure occurred that he or she had the right to consult a solicitor and, other than where he or she waived that right, the accused was afforded an opportunity to so consult before such failure occurred.]<\/p>\n<p>C82<br \/>\nApplication of section extended (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 108, S.I. No. 508 of 2015.<\/p>\n<p>Application of certain provisions of Act of 1984.<\/p>\n<p>52. \u2014[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.<\/p>\n<p>&#8230;<\/p>\n<p>C83<br \/>\nApplication of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29\/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 106, S.I. No. 508 of 2015.<\/p>\n<p>Application of certain provisions of Act of 1984.<\/p>\n<p>5.\u2014[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 2 as they apply to persons detained under section 4 of the Act of 1984.<\/p>\n<p>&#8230;<\/p>\n<h4>Trial Procedure<\/h4>\n<h4>Notice of alibi in trials on indictment.<\/h4>\n<p>20.\u2014(1) On a trial on indictment for an offence committed after the commencement of this section the accused shall not without the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi.<\/p>\n<p>(2) Without prejudice to subsection (1), on any such trial 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\u2014<\/p>\n<p>(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 gives the notice, any information in his possession which might be of material assistance in finding the witness,<\/p>\n<p>(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,<\/p>\n<p>(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 gives notice forthwith of the name, address or other information, as the case may be, and<\/p>\n<p>(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 gives notice forthwith of any such information which is then in his possession or, on subsequently receiving any such information, gives notice of it forthwith.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) by the District Court when he was sent forward for trial, or<\/p>\n<p>(b) by the trial court when, on being sent forward by the District Court for sentence, he changed his plea to one of not guilty, or<\/p>\n<p>(c) where he 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.<\/p>\n<p>(4) Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after evidence is given in support of the alibi.<\/p>\n<p>(5) Any notice purporting to be given under this section on behalf of the accused by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused.<\/p>\n<p>F55[(6) A notice under subsection (1) or under paragraph (c) or (d) of subsection (2) shall be given in writing to the solicitor for the prosecution.]<\/p>\n<p>(7) A notice required by this section to be given to the solicitor for the prosecution may be given by delivering it to him or by leaving it at his office or by sending it to him by registered post at his office.<\/p>\n<p>(8) In this section\u2014<\/p>\n<p>\u201cevidence in support of an alibi\u201d means evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;<\/p>\n<p>\u201cthe prescribed period\u201d means\u2014<\/p>\n<p>F55[(a) the period of fourteen days after the date the accused is, in accordance with section 4B(1) of the Criminal Procedure Act, 1967, served with the documents referred to in that section, or]<\/p>\n<p>(b) F56[\u2026]<\/p>\n<p>F55[(c) where the accused, on being sent forward for sentence, changes his plea to not guilty, the period of fourteen days after the accused is, in accordance with section 13(4)(b) of the Criminal Procedure Act, 1967, served with the documents referred to in section 4B(1) of that Act, or]<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F55<br \/>\nSubstituted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 16(3), S.I. No. 193 of 2001.<\/p>\n<p>F56<br \/>\nDeleted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 16(3)(c), S.I. No. 193 of 2001.<\/p>\n<h4>Proof by written statement.<\/h4>\n<p>21.\u2014(1) In any proceedings against a person for an offence F57[, other than the hearing of an application under Part IA of the Criminal Procedure Act, 1967, for the dismissal of a charge,] a written statement by any person shall, if such of the conditions mentioned in subsection (2) as are applicable are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.<\/p>\n<p>(2) The said conditions are:<\/p>\n<p>(a) the statement purports to be signed by the person who made it;<\/p>\n<p>(b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he stated in it anything which he knew to be false or did not believe to be true;<\/p>\n<p>(c) a copy of the statement is served, by or on behalf of the party proposing to tender it in evidence, on each of the other parties to the proceedings; and<\/p>\n<p>(d) none of the other parties or their solicitors, within twenty-one days from the service of the copy of the statement, serves on the party so proposing a notice objecting to the statement being tendered in evidence under this section.<\/p>\n<p>(3) The conditions mentioned in paragraphs (c) and (d) of subsection (2) shall not apply if the parties agree at the hearing or the parties or their solicitors agree before the hearing that the statement shall be so tendered.<\/p>\n<p>F58[(3A) Where a party (&#8220;the first-mentioned party&#8221;) serves a notice pursuant to paragraph (d) of subsection (2) objecting to a statement being tendered in evidence under this section, the court may, at the hearing of the matter, on the application of the party who served, pursuant to paragraph (c) of that subsection, the copy of the statement to which the notice relates\u2014<\/p>\n<p>(a) require the first-mentioned party to provide an explanation to the court of the reasons for serving that notice, and<\/p>\n<p>(b) where the court is satisfied, having taken into account the explanation provided in accordance with paragraph (a), that it is not contrary to the interests of justice to do so, direct that the statement be so tendered.]<\/p>\n<p>(4) The following provisions shall also have effect in relation to any written statement tendered in evidence under this section:<\/p>\n<p>(a) if the statement is made by a person under the age of twenty-one years, it shall give his age;<\/p>\n<p>(b) if it is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and<\/p>\n<p>(c) if it refers to any other document as an exhibit, the copy served on any other party to the proceedings under subsection (2) (c) shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.<\/p>\n<p>(5) Notwithstanding that a written statement made by any person may be admissible as evidence by virtue of this section\u2014<\/p>\n<p>(a) the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence, and<\/p>\n<p>(b) the court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and F59[give evidence, including for the purposes of cross-examination].<\/p>\n<p>(6) An application under subsection (5) (b) may be made before the hearing in a case in which the proceedings are in the Central Criminal Court, the Circuit Court or the Special Criminal Court and, for this purpose, the powers of the Central Criminal Court shall be exercisable by any judge of the High Court and the powers of the Circuit Court shall be exercisable by any judge of that court.<\/p>\n<p>(7) So much of any statement as is admitted as evidence by virtue of this section shall, unless the court otherwise directs, be read aloud at the hearing.<\/p>\n<p>(8) Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.<\/p>\n<p>(9) A document required by this section to be served on any person may, subject to subsection (10), be served\u2014<\/p>\n<p>(a) by delivering it to him or to his solicitor,<\/p>\n<p>(b) by addressing it to him and leaving it at his usual or last known residence or place of business or by addressing it to his solicitor and leaving it at the solicitor\u2019s office,<\/p>\n<p>(c) by sending it by registered post to him at his usual or last known residence or place of business or to his solicitor at the solicitor\u2019s office, or<\/p>\n<p>(d) in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or sending it by registered post to the secretary or clerk of that body at that office.<\/p>\n<p>(10) A document required by this section to be served on an accused shall, if the accused is not represented by a solicitor, be served personally on the accused.<\/p>\n<p>(11) Where\u2014<\/p>\n<p>(a) a statement is tendered in evidence by virtue of this section, and<\/p>\n<p>(b) the person by whom the statement was made has stated in it anything which he knew to be false or did not believe to be true,<\/p>\n<p>he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a31,000 or to imprisonment for a term not exceeding twelve months or to both, or on conviction on indictment to a fine not exceeding \u00a32,000 or to imprisonment for a term not exceeding five years or to both.<\/p>\n<p>(12) This section shall also apply to a written statement made outside the State with the omission from subsection (2) (b) of the words from \u201cand that he made the statement\u201d to the end of the paragraph, and the omission of subsection (11).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F57<br \/>\nSubstituted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 16(4), S.I. No. 193 of 2001.<\/p>\n<p>F58<br \/>\nInserted (28.02.2022) by Criminal Procedure Act 2021 (7\/2021), s. 16(a), S.I. No. 79 of 2022.<\/p>\n<p>F59<br \/>\nSubstituted (28.02.2022) by Criminal Procedure Act 2021 (7\/2021), s. 16(b), S.I. No. 79 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E33<br \/>\nA fine of \u00a31,000 converted (1.01.1999) to \u20ac1,269.74. This translates into a class C fine, not exceeding \u20ac2,500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(2) and table ref. no. 3, S.I. No. 662 of 2010. A fine of \u00a32,000 converted (1.01.1999) to \u20ac2,539.48. This translates into a class A fine, not exceeding \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(2) and table ref. no. 3, S.I. No. 662 of 2010.<\/p>\n<h4>Proof by formal admission.<\/h4>\n<p>22.\u2014(1) Subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the prosecution or the accused, and the admission by any party of any such fact under this section shall be against that party be conclusive evidence in those proceedings of the fact admitted.<\/p>\n<p>(2) An admission under this section\u2014<\/p>\n<p>(a) may be made before or at the hearing,<\/p>\n<p>(b) if made otherwise than in court, shall be in writing,<\/p>\n<p>(c) if made in writing by an individual, shall be signed by the person making it and, if so made by a body corporate, shall be signed by a director or manager, or the secretary or clerk or some other similar officer of the body corporate,<\/p>\n<p>(d) if made on behalf of an accused who is an individual, shall be made by his counsel or solicitor,<\/p>\n<p>(e) if made at any stage before the hearing by an accused who is an individual, must be approved by his counsel or solicitor either at the time it was made or subsequently,<\/p>\n<p>and any signature referred to in paragraph (c) shall be taken to be that of the person whose signature it appears to be unless the contrary is shown.<\/p>\n<p>(3) An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or retrial).<\/p>\n<p>(4) An admission under this section may with the leave of the court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.<\/p>\n<h4>Abolition of right of accused to make unsworn statement.<\/h4>\n<p>23.\u2014(1) In any proceedings against a person for an offence the accused shall not be entitled to make a statement without being sworn and, accordingly, if he gives evidence, he shall do so on oath and be liable to cross-examination, but this shall not\u2014<\/p>\n<p>(a) affect the right of the accused, if not represented by counsel or a solicitor, to address the court or jury otherwise than on oath on any matter on which, if he were so represented, his counsel or solicitor could address the court or jury on his behalf,<\/p>\n<p>(b) affect any trial, or the preliminary examination of any indictable offence, commenced before the commencement of this section.<\/p>\n<p>(2) Nothing in subsection (1) shall prevent the accused from making a statement without being sworn\u2014<\/p>\n<p>(a) if it is one which he is required by law to make personally, or<\/p>\n<p>(b) if he makes it by way of mitigation before the court passes sentence upon him.<\/p>\n<p>(3) The following provisions are hereby repealed:<\/p>\n<p>(a) paragraph (h) of the proviso to section 1 of the Criminal Justice (Evidence) Act, 1924, and<\/p>\n<p>(b) section 7 (4) of the Criminal Procedure Act, 1967, and, in section 8 (2) of that Act, the words from \u201cproceed in accordance with\u201d to \u201cparagraph (a),\u201d.<\/p>\n<h4>Order of closing speeches.<\/h4>\n<p>24.\u2014(1) Notwithstanding any rule of law or practice, and notwithstanding anything contained in section 2 of the Criminal Procedure Act, 1865, the procedure at a trial on indictment as to the closing speeches for the prosecution and for the defence shall be as follows:<\/p>\n<p>(a) the prosecution shall have the right to a closing speech in all cases except where the accused is not represented by counsel or a solicitor and does not call any witness (other than a witness to character only), and the defence shall have the right to a closing speech in all cases, and<\/p>\n<p>(b) the closing speech for the defence shall be made after that for the prosecution.<\/p>\n<p>(2) Section 3 of the Criminal Justice (Evidence) Act, 1924, is hereby repealed.<\/p>\n<h4>Majority verdicts.<\/h4>\n<p>25.\u2014(1) The verdict of a jury in criminal proceedings need not be unanimous in a case where there are not fewer than eleven jurors if ten of them agree on the verdict.<\/p>\n<p>(2) The court shall not accept a verdict of guilty unless the foreman of the jury has stated in open court whether the verdict is unanimous or is by a majority in accordance with subsection (1) and, in the latter event, the number of jurors who agreed to the verdict.<\/p>\n<p>(3) The court shall not accept a verdict by virtue of subsection (1) unless it appears to the court that the jury have had such period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case; and the court shall not in any event accept such a verdict unless it appears to the court that the jury have had at least two hours for deliberation.<\/p>\n<p>(4) The court shall cause the verdict of the jury to be taken in such a way that, where the verdict is one of not guilty, it shall not be indicated whether the verdict was unanimous or by a majority.<\/p>\n<p>(5) This section shall not affect the trial of any offence for which the court is required, upon the conviction of the accused, to sentence him to death or any trial commenced before the commencement of this section.<\/p>\n<p>Miscellaneous<\/p>\n<h2><\/h2>\n<h2>CRIMINAL JUSTICE ACT 2006<\/h2>\n<p>&nbsp;<\/p>\n<p>PART 3<\/p>\n<h4>Admissibility of Certain Witness Statements<\/h4>\n<p>Definitions (Part 3).<\/p>\n<p>15.\u2014 In this Part\u2014<\/p>\n<p>\u201caudiorecording\u201d includes a recording, on any medium, from which sound may by any means be produced, and cognate words shall be construed accordingly;<\/p>\n<p>\u201cproceedings\u201d includes proceedings under section 4E (application by accused for dismissal of charge) of the Act of 1967 where oral evidence (within the meaning of subsection (5) of that section) is given;<\/p>\n<p>\u201cstatement\u201d means a statement the making of which is duly proved and includes\u2014<\/p>\n<p>(a) any representation of fact, whether in words or otherwise,<\/p>\n<p>(b) a statement which has been videorecorded or audiorecorded, and<\/p>\n<p>(c) part of a statement;<\/p>\n<p>\u201cstatutory declaration\u201d includes a statutory declaration made under section 17 or 18;<\/p>\n<p>\u201cvideorecording\u201d includes a recording, on any medium, from which a moving image may by any means be produced, together with the accompanying soundrecording, and cognate words shall be construed accordingly.<\/p>\n<h4>Admissibility of certain witness statements.<\/h4>\n<p>16.\u2014 (1) Where a person has been sent forward for trial for an arrestable offence, a statement relevant to the proceedings made by a witness (in this section referred to as \u201cthe statement\u201d) may, with the leave of the court, be admitted in accordance with this section as evidence of any fact mentioned in it if the witness, although available for cross-examination\u2014<\/p>\n<p>(a) refuses to give evidence,<\/p>\n<p>(b) denies making the statement, or<\/p>\n<p>(c) gives evidence which is materially inconsistent with it.<\/p>\n<p>(2) The statement may be so admitted if\u2014<\/p>\n<p>(a) the witness confirms, or it is proved, that he or she made it,<\/p>\n<p>(b) the court is satisfied\u2014<\/p>\n<p>(i) that direct oral evidence of the fact concerned would be admissible in the proceedings,<\/p>\n<p>(ii) that it was made voluntarily, and<\/p>\n<p>(iii) that it is reliable,<\/p>\n<p>and<\/p>\n<p>(c) either\u2014<\/p>\n<p>(i) the statement was given on oath or affirmation or contains a statutory declaration by the witness to the effect that the statement is true to the best of his or her knowledge or belief, or<\/p>\n<p>(ii) the court is otherwise satisfied that when the statement was made the witness understood the requirement to tell the truth.<\/p>\n<p>(3) In deciding whether the statement is reliable the court shall have regard to\u2014<\/p>\n<p>(a) whether it was given on oath or affirmation or was videorecorded, or<\/p>\n<p>(b) if paragraph (a) does not apply in relation to the statement, whether by reason of the circumstances in which it was made, there is other sufficient evidence in support of its reliability,<\/p>\n<p>and shall also have regard to\u2014<\/p>\n<p>(i) any explanation by the witness for refusing to give evidence or for giving evidence which is inconsistent with the statement, or<\/p>\n<p>(ii) where the witness denies making the statement, any evidence given in relation to the denial.<\/p>\n<p>(4) The statement shall not be admitted in evidence under this section if the court is of opinion\u2014<\/p>\n<p>(a) having had regard to all the circumstances, including any risk that its admission would be unfair to the accused or, if there are more than one accused, to any of them, that in the interests of justice it ought not to be so admitted, or<\/p>\n<p>(b) that its admission is unnecessary, having regard to other evidence given in the proceedings.<\/p>\n<p>(5) In estimating the weight, if any, to be attached to the statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.<\/p>\n<p>(6) This section is without prejudice to sections 3 to 6 of the Criminal Procedure Act 1865 and section 21 (proof by written statement) of the Act of 1984.<\/p>\n<p>F2[(7) A reference in subsection (1) to a person being sent forward for trial shall, in relation to proceedings before a Special Criminal Court, include, where appropriate, a reference to such a person being charged before that court.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nInserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 73(a), S.I. No. 525 of 2023.<\/p>\n<h4>Witness statements made to members of Garda S\u00edoch\u00e1na.<\/h4>\n<p>17.\u2014 (1) A person who makes a statement to a member of the Garda S\u00edoch\u00e1na during the investigation of an arrestable offence (not being a person who is at that time suspected by any such member of having committed it) may make a statutory declaration that the statement is true to the best of the person\u2019s knowledge and belief.<\/p>\n<p>(2) For the purposes of section 1(1)(d) of the Statutory Declarations Act 1938 a member of the Garda S\u00edoch\u00e1na may take and receive a statutory declaration made under subsection (1).<\/p>\n<p>(3) Instead of taking and receiving such a statutory declaration the member may take the person\u2019s statement on oath or affirmation and for that purpose may administer the oath or affirmation to him or her.<\/p>\n<h4>Other witness statements.<\/h4>\n<p>18.\u2014 (1) In this section\u2014<\/p>\n<p>\u201ccompetent person\u201d means a person employed by a public authority and includes an immigration officer who is deemed to have been appointed as such an officer under section 3 of the Immigration Act 2004;<\/p>\n<p>\u201cpublic authority\u201d means\u2014<\/p>\n<p>(a) a Minister of the Government,<\/p>\n<p>(b) the Commissioners of Public Works in Ireland,<\/p>\n<p>(c) a local authority within the meaning of the Local Government Act 2001,<\/p>\n<p>(d) the Health Service Executive,<\/p>\n<p>(e) a harbour authority within the meaning of the Harbours Act 1946,<\/p>\n<p>(f) a board or other body (not being a company) established by or under statute,<\/p>\n<p>(g) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or<\/p>\n<p>(h) a company in which all the shares are held by a board or other body referred to in paragraph (f) , or by a company referred to in paragraph (g) .<\/p>\n<p>(2) A person who makes a statement to a competent person in the course of the performance of the competent person\u2019s official duties may make a statutory declaration that the statement is true to the best of the person\u2019s knowledge and belief.<\/p>\n<p>(3) For the purposes of section 1(1)(d) of the Statutory Declarations Act 1938 a competent person may take and receive a statutory declaration made under subsection (2) .<\/p>\n<h4>Regulations concerning certain witness statements which are recorded.<\/h4>\n<p>19.\u2014 (1) The Minister may, in relation to any statements of witnesses that may be videorecorded or audiorecorded by members of the Garda S\u00edoch\u00e1na while investigating offences, make provision in regulations for\u2014<\/p>\n<p>(a) the manner in which any such recordings are to be made and preserved, and<\/p>\n<p>(b) the period for which they are to be retained.<\/p>\n<p>(2) Any failure by a member of the Garda S\u00edoch\u00e1na to comply with a provision of the regulations shall not of itself\u2014<\/p>\n<p>(a) render the member liable to civil or criminal proceedings, or<\/p>\n<p>(b) without prejudice to the power of a court to exclude evidence at its discretion, render inadmissible in evidence anything said during the recording concerned.<\/p>\n<h4>Amendment of section 4E of Act of 1967.<\/h4>\n<p>20.\u2014 Section 4E (application by accused for dismissal of charge) of the Act of 1967 is amended in subsection (5)(b)\u2014<\/p>\n<p>(a) by the substitution of \u201csection 4F, or\u201d for \u201csection 4F.\u201d in subparagraph (ii), and<\/p>\n<p>(b) by the addition of the following subparagraph:<\/p>\n<p>\u201c(iii) any other videorecording, or an audiorecording, which may be admitted by the trial court as evidence of any fact stated in it.\u201d.<\/p>\n<p>&nbsp;<\/p>\n<h4>Anonymity of certain witnesses.<\/h4>\n<p>181.\u2014 (1) Where in any criminal proceedings\u2014<\/p>\n<p>(a) it is proposed to call a person to give evidence, and<\/p>\n<p>(b) the person has a medical condition,<\/p>\n<p>an application may be made for an order under this section prohibiting the publication of any matter relating to the proceedings which would identify the person as a person having that condition.<\/p>\n<p>(2) An application for such an order may be made at any stage of the proceedings and shall be made\u2014<\/p>\n<p>(a) in case the accused person has been sent forward for trial, to the trial judge,<\/p>\n<p>(b) in case the proceedings are proceedings on appeal, to the judge, or a judge, of the appeal court,<\/p>\n<p>(c) in any other case, to a judge of the District Court.<\/p>\n<p>(3) An order under this section may be made only where the judge concerned is satisfied that\u2014<\/p>\n<p>(a) the person concerned has a medical condition,<\/p>\n<p>(b) his or her identification as a person with that condition would be likely to cause undue distress to him or her, and<\/p>\n<p>(c) the order would not be prejudicial to the interests of justice.<\/p>\n<p>(4) An appeal from a refusal or grant of an application for an order under this section shall lie\u2014<\/p>\n<p>(a) in relation to proceedings before the District Court, to a judge of the Circuit Court,<\/p>\n<p>(b) in relation to proceedings before the Circuit Criminal Court or a Special Criminal Court, to a judge of the High Court, and<\/p>\n<p>F47[(c) in relation to proceedings before the Central Criminal Court, to a judge of the Court of Appeal,]<\/p>\n<p>at the instance of the prosecution or the defence.<\/p>\n<p>(5) Where\u2014<\/p>\n<p>(a) an accused person is sent forward for trial, and<\/p>\n<p>(b) an order has been made by a judge of the District Court under this section,<\/p>\n<p>the trial judge may, on application made in that behalf, vary or revoke the order.<\/p>\n<p>(6) Where\u2014<\/p>\n<p>(a) an appeal is being taken against a decision of a court in criminal proceedings, and<\/p>\n<p>(b) the trial judge has made an order under this section,<\/p>\n<p>the judge, or a judge, of the appeal court may, on application made in that behalf, vary or revoke the order.<\/p>\n<p>(7) An application under this section, or an appeal under subsection (4) , may be made by the prosecution or the defence on notice to the other party to the proceedings and shall be made to the judge concerned in chambers.<\/p>\n<p>(8) Each of the following persons who publishes or broadcasts any matter in contravention of an order under this section is guilty of an offence and is liable on conviction on indictment to a fine not exceeding \u20ac25,000 or imprisonment for a term not exceeding 3 years or both:<\/p>\n<p>(a) if the matter is published in a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;<\/p>\n<p>(b) if the matter is published otherwise, the person who publishes it; or<\/p>\n<p>(c) if the matter is broadcast, any person transmitting or providing the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.<\/p>\n<p>(9) Where a person is charged with an offence under subsection (8) , it is a defence to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had any reason to suspect, that the publication or broadcast concerned was of any such matter as is mentioned in subsection (1) .<\/p>\n<p>(10) (a) Where an offence under subsection (8) has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(b) Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with the functions of management as if he or she were a director or manager of the body corporate.<\/p>\n<p>(11) In this section\u2014<\/p>\n<p>\u201cbroadcast\u201d means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, visual images or signals, intended for reception by the public generally or a section of it, whether the broadcast is so received or not, and cognate words shall be construed accordingly;<\/p>\n<p>\u201cpublish\u201d means publish, other than by way of broadcast, to the public generally or a section of it;<\/p>\n<p>\u201ctrial judge\u201d and \u201cjudge\u201d, in relation to proceedings before a Special Criminal Court, means a member of that Court, and the references in subsections (2) (a) and (5) (a) to an accused person being sent forward for trial include, where appropriate, references to such a person being charged before that Court.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F47<br \/>\nSubstituted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 66, S.I. No. 479 of 2014.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1621\" data-postid=\"1621\" class=\"themify_builder_content themify_builder_content-1621 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Procedure Overview A trial in the Circuit Court or Central Criminal Court involves the following steps The Jury is empanelled and sworn in. The Judge may make initial remarks The prosecution may make an opening speech and present its witnesses. The Defendant\u2019s counsel cross-examines the witness and the prosecution may re-examine them At the end [&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":[68],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1621"}],"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=1621"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1621\/revisions"}],"predecessor-version":[{"id":33835,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1621\/revisions\/33835"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1621"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1621"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1621"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}