{"id":1643,"date":"2021-08-02T22:43:57","date_gmt":"2021-08-02T22:43:57","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1643"},"modified":"2024-03-24T13:20:40","modified_gmt":"2024-03-24T13:20:40","slug":"trial-on-indictment-i","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/trial-on-indictment-i\/","title":{"rendered":"Trial on Indictment I"},"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-i\/#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\/trial-on-indictment-i\/#Compelling_Witnesses\" title=\"Compelling Witnesses\">Compelling Witnesses<\/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-i\/#Changing_Charges\" title=\"Changing Charges\">Changing Charges<\/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-i\/#Notice_of_Alibi\" title=\"Notice of Alibi\">Notice of Alibi<\/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-i\/#Send_Forward_to_Circuit_Court\" title=\"Send Forward to Circuit Court\">Send Forward to Circuit Court<\/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-i\/#Transfer_of_Trial\" title=\"Transfer of Trial\">Transfer of Trial<\/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-i\/#Central_Criminal_Court\" title=\"Central Criminal Court\">Central Criminal Court<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#CRIMINAL_JUSTICE_ADMINISTRATION_ACT_1924\" title=\"CRIMINAL JUSTICE (ADMINISTRATION) ACT, 1924.\">CRIMINAL JUSTICE (ADMINISTRATION) ACT, 1924.<\/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-9\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Rules_as_to_indictments\" title=\"Rules as to indictments.\">Rules as to indictments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Making_of_rules_under_this_Act\" title=\"Making of rules under this Act.\">Making of rules under this Act.<\/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-i\/2\/#Rules_which_may_be_made_under_this_Act\" title=\"Rules which may be made under this Act.\">Rules which may be made under this Act.<\/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-i\/2\/#General_provisions_as_to_indictments\" title=\"General provisions as to indictments.\">General provisions as to indictments.<\/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-i\/2\/#Joinder_of_charges_in_the_same_indictment\" title=\"Joinder of charges in the same indictment.\">Joinder of charges in the same 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-i\/2\/#Orders_for_amendment_of_indictment_separate_trial_and_postponement_of_trial\" title=\"Orders for amendment of indictment, separate trial, and postponement of trial.\">Orders for amendment of indictment, separate trial, and postponement of trial.<\/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-i\/2\/#Costs_of_defective_or_redundant_indictments\" title=\"Costs of defective or redundant indictments.\">Costs of defective or redundant indictments.<\/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-i\/2\/#Provision_as_to_Vexatious_Indictments_Act\" title=\"Provision as to Vexatious Indictments Act.\">Provision as to Vexatious Indictments Act.<\/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-i\/2\/#Prosecutions_to_be_at_suit_of_Attorney-General\" title=\"Prosecutions to be at suit of Attorney-General.\">Prosecutions to be at suit of Attorney-General.<\/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-i\/2\/#Nolle_prosequi_and_form_thereof\" title=\"Nolle prosequi and form thereof.\">Nolle prosequi and form thereof.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Form_of_recognizance\" title=\"Form of recognizance.\">Form of recognizance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Form_of_jurors_oath_in_criminal_cases\" title=\"Form of juror&#8217;s oath in criminal cases.\">Form of juror&#8217;s oath in criminal cases.<\/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-i\/2\/#Savings_and_interpretation\" title=\"Savings and interpretation.\">Savings and interpretation.<\/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-22\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#RULES\" title=\"RULES.\">RULES.<\/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-23\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Material_etc_for_indictments\" title=\"Material, etc., for indictments.\">Material, etc., for indictments.<\/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-i\/2\/#Commencement_of_the_indictment\" title=\"Commencement of the indictment.\">Commencement of the indictment.<\/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-i\/2\/#Joining_of_charges_in_one_indictment\" title=\"Joining of charges in one indictment.\">Joining of charges in one indictment.<\/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-i\/2\/#Mode_in_which_offences_are_to_be_charged\" title=\"Mode in which offences are to be charged.\">Mode in which offences are to be charged.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Provisions_as_to_statutory_offences\" title=\"Provisions as to statutory offences.\">Provisions as to statutory offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Description_of_property\" title=\"Description of property.\">Description of property.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Description_of_persons\" title=\"Description of persons.\">Description of persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Description_of_document\" title=\"Description of document.\">Description of document.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#General_rule_as_to_description\" title=\"General rule as to description.\">General rule as to description.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Statement_of_intent\" title=\"Statement of intent.\">Statement of intent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Charge_of_previous_convictions_etc\" title=\"Charge of previous convictions, etc.\">Charge of previous convictions, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#APPENDIX_TO_RULES\" title=\"APPENDIX TO RULES.\">APPENDIX TO RULES.<\/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-35\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#CRIMINAL_JUSTICE_ACT_1999\" title=\"CRIMINAL JUSTICE ACT, 1999\">CRIMINAL JUSTICE ACT, 1999<\/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-36\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Guilty_pleas\" title=\"Guilty pleas.\">Guilty pleas.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/2\/#Certificate_evidence_relating_to_custody_of_exhibits\" title=\"Certificate evidence relating to custody of exhibits.\">Certificate evidence relating to custody of exhibits.<\/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-38\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/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-39\" href=\"https:\/\/legalblog.ie\/trial-on-indictment-i\/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=\"In_Public\"><\/span>In Public<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The general position is that proceedings in the preliminary pre-trial phase in the District Court are to be conducted in public.\u00a0 The court, conducting the proceedings may because of the nature of the circumstances of the case or otherwise in the interests of justice, if it considers that it is desirable to do so, may exclude the public during the proceeding or any particular person or persons other than bona fide representatives of the press. Parents, relatives, friends of the accused or an injured party may remain subject to the provisions of other powers of exclusion.<\/p>\n<p>Reports shall not be published or broadcast regarding proceedings in the pre-trial phase, other than a statement of the fact that the proceeding or charge has been brought against a named person and decision resulting from the proceeding. \u00a0In the case of an application for a dismissal of the charge against the accused, only information the Judge permits to be published or broadcast at the request of the accused may be published.<\/p>\n<p>Legal aid provisions apply to an accused in relation to proceedings in the District Court in indictable offences.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Compelling_Witnesses\"><\/span>Compelling Witnesses<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The trial court may in relation to a trial of the accused, make an order requiring the person whose statement of evidence was served on the accused or whose deposition was taken, to attend before the trial court to give evidence and to produce to that court any document or thing specified in the order.\u00a0 Disobedience to the order constitutes contempt of the trial court.<\/p>\n<p>If on application by the prosecutor or the accused, the trial court is satisfied by evidence on oath that a person is unlikely to comply with a witness order, the Court may bind the person by recognisance to appear at the trial.\u00a0 If he refuses to be so bound, he may be held pending the trial.\u00a0 The Court may exercise other remedies to compel attendance.<\/p>\n<p>On application by the prosecutor or accused, a summons may be issued by the trial court requiring a person to whom the summons is directed to attend to give evidence at the trial and produce to that court, any document or thing specified in the summons unless the Court is satisfied that the person proposed to be summonsed cannot give material evidence or produce material documents or other material evidence.\u00a0 The person who disobeys a witness summons without just excuse is guilty of contempt of Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Changing_Charges\"><\/span>Changing Charges<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the accused has been sent forward for trial, the indictment against the accused may include either in substitution for or in addition to counts charging the offence, any counts that are founded on any of the documents served on the accused and which may lawfully be joined in the same indictment.<\/p>\n<p>Where the accused has been sent forward for trial, the indictment may with the consent of the accused and notwithstanding other enactments, including counts that charge an offence justiciable within the State other than the offence for which the accused was sent forward and not founded on the document served.<\/p>\n<p>A Court may make correct any defect in the charge against the accused unless it considers that it would result in an injustice.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Notice_of_Alibi\"><\/span>Notice of Alibi<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In a trial on indictment for an offence, the accused shall not without leave of the Court, offer evidence in support of an alibi unless before the end of the prescribed period, he gives notice of the particulars of the alibi.\u00a0 The accused shall not without the leave of the Court call any person or give evidence in this regard, unless the notice includes the name and address of the witness or if it is not known, any information in his possession that may be of material assistance in finding the witness.<\/p>\n<p>If the name or address is not included in the notice, the Court must be satisfied that the accused, before giving notice took and thereafter continues to take reasonable steps to secure that the name and address would be ascertained, provided that the name and address were subsequently discovered, notice of it is immediately given and provided that if the accused is notified on behalf of the prosecution that the witness has not been traced, he immediately gives such information which is then in his possession or subsequently received.<\/p>\n<p>The Court shall not refuse leave above, if it appears that the accused was not informed of the requirements of the section by the District Court or the trial court to which he was sent forward for sentence.<\/p>\n<p>Evidence tendered to disprove an alibi may be, subject to directions of the Court as to the time it is to be given, be given before or after evidence in support of the alibi.<\/p>\n<p>Evidence in support of an alibi is evidence tending to show by reason of the presence of the accused at a particular place or in a particular area at a particular time, that he was not or was unlikely to have been at the place where the offence is alleged to have been committed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Send_Forward_to_Circuit_Court\"><\/span>Send Forward to Circuit Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person pleading guilty to an offence may be sent forward on a signed plea of guilty for sentencing before the trial court.\u00a0 This does not apply to certain very serious offences.\u00a0 The District Court must be satisfied that the person charged with the offence wishes to plead guilty and understands the nature of the offence and the facts alleged.<\/p>\n<p>Where a person is sent forward for a sentence under the provision, he may withdraw his written plea and plead not guilty to the charge. \u00a0In this case, the Court is to enter a plea of not guilty and the matter shall proceed to trial.<\/p>\n<p>The accused may be sent forward to the Circuit Court or in the case of offences within the exclusive jurisdiction of the Central Criminal Court, to that court. The jurisdiction of the Circuit Court shall be exercised by the Judge of the circuit in which the offence has been alleged to be committed or in which the accused person has been arrested or resides.<\/p>\n<p>Where a person is sent forward for trial for an indictable offence, the indictment may contain a count of having committed any offence triable summarily with which the person has been charged and which arises out of the same set of facts.\u00a0 If found guilty on that count, he may be sentenced to a punishment that could have been imposed, had he been convicted summarily of the offence concerned.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Transfer_of_Trial\"><\/span>Transfer of Trial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A judge of the Circuit Court may transfer the trial to another place in a circuit where it is required by law to be held or to any other place in that circuit.\u00a0 In that event, the trial shall be held at the place where it is transferred with a jury drawn from the jury district or other area prescribed for trials by the Circuit Court sitting in the other place.<\/p>\n<p>An order of the judge of the Circuit Court under the above provision may only be made on the application of the DPP or the accused.\u00a0 It may provide for ancillary matters.<\/p>\n<p>Where a person has been returned for trial to the Circuit Court sitting outside Dublin, the judge of the Circuit Court may on the application of the prosecutor or accused if satisfied it would be manifestly unjust not to do so, transfer the trial to the Circuit Court sitting within the Dublin Circuit.\u00a0 This decision is final and unappealable.<\/p>\n<p>Where two or more persons are sent forward for trial to the Circuit Court outside Dublin and it is proposed to try them together, and an application is made by one or more but not all of the accused which is granted, on application by the prosecutor to the Judge who granted the application to have the trial of one or more of the remaining accused transferred to the Dublin Circuit shall be granted.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Central_Criminal_Court\"><\/span>Central Criminal Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Central Criminal Court has exclusive jurisdiction in respect of<\/p>\n<ul>\n<li>treason,<\/li>\n<li>murder,<\/li>\n<li>attempted murder,<\/li>\n<li>conspiracy to murder,<\/li>\n<li>piracy<\/li>\n<li>genocide or any attempt conspiracy or incitement to commit genocide;<\/li>\n<li>certain offences under the Geneva Convention;<\/li>\n<li>a person indicted for rape offence or an offence of aggravated sexual assault or attempted aggravated sexual assault or aiding in abetting, counsel or procuring the same or incitement of the same;<\/li>\n<li>a person charged cartel offences under the Competition Act.<\/li>\n<\/ul>\n<p>The jurisdiction also applies to offences by an accessory before and after the fact.<\/p>\n<p>There is provision for transfer of proceedings from the Circuit Court to the Central Criminal Court.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE (ADMINISTRATION) ACT, 1924.<\/h2>\n<p>AN ACT TO AMEND THE LAW RELATING TO INDICTMENTS IN CRIMINAL CASES AND MATTERS INCIDENTAL OR SIMILAR THERETO. [5th August, 1924.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS OF SAORST\u00c1T EIREANN AS FOLLOWS:\u2014<\/p>\n<h4>Rules as to indictments.<\/h4>\n<p>1.\u2014The rules contained in the First Schedule to this Act with respect to indictments shall have effect as if enacted in this Act, but those rules may be added to, varied, or annulled by further rules made under this Act.<\/p>\n<h4>Making of rules under this Act.<\/h4>\n<p>2.\u2014(1) Rules made under this Act shall be made by and with the concurrence of the same persons as those by whom and with whose concurrence the Rules of Court mentioned in section 36 of the Courts of Justice Act, 1924 (No. 10 of 1924), are by that section authorised or required to be made.<\/p>\n<p>(2) Section 101 of the Courts of Justice Act, 1924 (No. 10 of 1924), shall apply to all rules made under this Act.<\/p>\n<h4>Rules which may be made under this Act.<\/h4>\n<p>3.\u2014(1) Rules may from time to time be made under this Act varying or annulling all or any of the rules contained in the First Schedule to this Act.<\/p>\n<p>(2) In addition to the rules contained in the First Schedule to this Act, further rules may be made under this Act in respect of any of the matters dealt with in the said rules contained in the First Schedule to this Act.<\/p>\n<p>(3) The rules contained in the First Schedule to this Act shall have effect subject to any modifications or additions made therein or thereto by rules made under this Act.<\/p>\n<h4>General provisions as to indictments.<\/h4>\n<p>4.\u2014(1) Every indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.<\/p>\n<p>(2) Notwithstanding any rule of law or practice, an indictment shall, subject to the provisions of this Act, not be open to objection in respect of its form or contents if it is framed in accordance with the rules under this Act.<\/p>\n<h4>Joinder of charges in the same indictment.<\/h4>\n<p>5.\u2014Subject to the provisions of the rules under this Act, charges for more than one felony or for more than one misdemeanour, and charges for both felonies and misdemeanours, may be joined in the same indictment, but where a felony is tried together with any misdemeanour, the jury shall be sworn and the person accused shall have the same right of challenging jurors as if all the offences charged in the indictment were felonies.<\/p>\n<h4>Orders for amendment of indictment, separate trial, and postponement of trial.<\/h4>\n<p>6.\u2014(1) Where, before trial, or at any stage of a trial, it appears to the court that the indictment is defective, the court shall make such order for the amendment of the indictment as the court thinks necessary to meet the circumstances of the case, unless the required amendments cannot in the opinion of the court be made without injustice, and may make such order as to the payment of any costs incurred owing to the necessity for amendment as the court thinks fit.<\/p>\n<p>(2) Where an indictment is so amended, a note of the order for amendment shall be endorsed on the indictment, and the indictment shall be treated for the purposes of the trial and for the purposes of all proceedings in connection therewith as having been preferred to the jury in the amended form.<\/p>\n<p>(3) Where, before trial, or at any stage of a trial, the court is of opinion that a person accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the person should be tried separately for any one or more offences charged in an indictment, the court may order a separate trial of any count or counts of such indictment.<\/p>\n<p>(4) Where, before trial, or at any stage of a trial, the court is of opinion that the postponement of the trial of a person accused is expedient as a consequence of the exercise of any power of the court under this Act to amend an indictment or to order a separate trial of a count, the court shall make such order as to the postponement of the trial as appears necessary.<\/p>\n<p>(5) Where an order of the court is made under this section for a separate trial or for the postponement of a trial\u2014<\/p>\n<p>(a) if such an order is made during a trial the court may order that the jury are to be discharged from giving a verdict on the count or counts the trial of which is postponed or on the indictment, as the case may be; and<\/p>\n<p>(b) the procedure on the separate trial of a count shall be the same in all respects as if the count had been preferred in a separate indictment, and the procedure on the postponed trial shall be the same in all respects (if the jury has been discharged) as if the trial had not commenced; and<\/p>\n<p>(c) the court may make such order as to costs and as to admitting the accused person to bail, and as to the enlargement of recognizances and otherwise as the court thinks fit.<\/p>\n<p>(6) Any power of the court under this section shall be in addition to and not in derogation of any other power of the court for the same or similar purposes.<\/p>\n<h4>Costs of defective or redundant indictments.<\/h4>\n<p>7.\u2014Where it appears to the court that an indictment contains unnecessary matter, or is of unnecessary length, or is materially defective in any respect, the court may make such order as to the payment of that part of the costs of the prosecution which has been incurred by reason of the indictment so containing unnecessary matter, or being of unnecessary length, or being materially defective as the court thinks fit.<\/p>\n<h4>Provision as to Vexatious Indictments Act.<\/h4>\n<p>8.\u2014Nothing in this Act shall prevent an indictment being open to objection if it contravenes or fails to comply with the Vexatious Indictments Act, 1859.<\/p>\n<h4>Prosecutions to be at suit of Attorney-General.<\/h4>\n<p>9.\u2014(1) All criminal charges prosecuted upon indictment in any court shall be prosecuted at the suit of the Attorney-General of Saorst\u00e1t Eireann.<\/p>\n<p>(2) Save where a criminal prosecution in a court of summary jurisdiction is prosecuted by a Minister, Department of State, or person (official or unofficial) authorised in that behalf by the law for the time being in force, all prosecutions in any court of summary jurisdiction shall be prosecuted at the suit of the Attorney-General of Saorst\u00e1t Eireann.<\/p>\n<p>Form of oath on issue of competence to plead.<\/p>\n<p>10.\u2014The Oath to be administered to the jurors empanelled to try whether a prisoner is competent to plead or not shall be in the following form, that is to say:\u2014<\/p>\n<p>\u201cI do swear by Almighty God that I will well and diligently inquire whether A.B., the prisoner at the bar, be insane or not, and a true verdict give according to the best of my understanding.\u201d<\/p>\n<p>Form of oath where prisoner stands mute.<\/p>\n<p>11.\u2014The oath to be administered to the jurors empanelled to try the issue as to whether a prisoner who stands mute is mute of malice or by the visitation of God shall be in the following form, that is to say:\u2014<\/p>\n<p>\u201cI do swear by Almighty God that I will well and truly try whether A.B., the prisoner at the bar, is mute of malice or by the visitation of God and a true verdict give according to the evidence.\u201d<\/p>\n<h4>Nolle prosequi and form thereof.<\/h4>\n<p>12.\u2014At the trial of a prisoner on indictment at the prosecution of the Attorney-General of Saorst\u00e1t Eireann a nolle prosequi may be entered at the instance of the Attorney-General of Saorst\u00e1t Eireann at any time after the indictment is preferred to the jury and before a verdict is found thereon, and every such nolle prosequi shall be in the following form, that is to say:\u2014<\/p>\n<p>On the_____day of__________19_____, at the trial of A.B. on the prosecution of the Attorney-General of Saorst\u00e1t Eireann on an indictment for________________________the said Attorney-General in his proper person (or by his counsel) stated to the court that he would not further prosecute the said A.B. on the said indictment, whereupon it was ordered by the court that the said A.B. be discharged of and from the indictment aforesaid.<\/p>\n<h4>Form of recognizance.<\/h4>\n<p>13.\u2014Every recognizance entered into by way of bail before a District Justice or a Justice of the District Court or a Peace Commissioner shall be in the following form, or in such similar form as the circumstances may require:\u2014<\/p>\n<p>Be it remembered that on the_________________day of _____________, in the year of our Lord_________________, A. B., of______________(labourer), C. D., of________________(grocer), and E. F., of_______________(butcher), personally came before me the undersigned, a District Justice in Saorst\u00e1t Eireann (or a Justice of the District Court of Saorst\u00e1t Eireann or a Peace Commissioner) for the District of______________, and severally acknowledged themselves to owe to Saorst\u00e1t Eireann the several sums following, that is to say, the said A. B. the sum of ___________, and the said C. D. and E. F. the sum of ______________ each, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of the Minister for Finance of Saorst\u00e1t Eireann, if he the said A. B. fail in the condition endorsed. Taken and acknowledged the day and year first above mentioned, at___________before me,________________<\/p>\n<p>The condition of the within-written recognizance is such, that whereas the said A. B. was this day charged before me, the Justice or Peace Commissioner within mentioned for that (etc., as in the warrant); if, therefore, the said A. B. will appear at the next sitting of the District Court (or of the Circuit Court, or of the High Court or of the Central Criminal Court, as the case may be) to be holden in and for the District (or as the case may be) and there surrender himself into the custody of the keeper of the (common gaol) there, and plead to such charge or indictment as may be preferred against him, and take his trial upon the same, and not depart the said Court without leave, then the said recognizance to be void, or else to stand in full force and virtue.<\/p>\n<h4>Form of juror&#8217;s oath in criminal cases.<\/h4>\n<p>14.\u2014The oath to be administered to the jurors empanelled for the trial of any criminal charge or issue shall be in the following form, that is to say:\u2014<\/p>\n<p>\u201cI do swear by Almighty God that I will well and truly try the issue as to whether the accused is guilty or not guilty of the offence charged in the indictment preferred against him (or her) and that I will give a true verdict according to the evidence.\u201d<\/p>\n<h4>Savings and interpretation.<\/h4>\n<p>15.\u2014(1) Nothing in this Act or the rules thereunder shall affect the law or practice relating to the jurisdiction of a court or the place where an accused person can be tried, nor prejudice or diminish in any respect the obligation to establish by evidence according to law any acts, omissions, or intentions which are legally necessary to constitute the offence with which the person accused is charged, nor otherwise affect the laws of evidence in criminal cases.<\/p>\n<p>(2) In this Act, unless the context otherwise requires, the expression \u201cthe court\u201d means the court before which any indictable offence is tried or prosecuted.<\/p>\n<p>(3) The provisions of this Act relating to indictments shall apply to criminal informations in the High Court and inquisitions, and also to any plea, replication, or other criminal pleading, with such modifications as may be made by rules made under this Act.<\/p>\n<p>Repeal, extent, and short title.<\/p>\n<p>16.\u2014(1) The enactments specified in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of that schedule.<\/p>\n<p>(2) This Act may be cited as the Criminal Justice (Administration) Act, 1924.<\/p>\n<p>(3) This Act shall come into force on such day as the Minister for Justice shall by order appoint.<\/p>\n<p>FIRST SCHEDULE.<\/p>\n<h2>RULES.<\/h2>\n<p>Sections 1 , 2 (2).<\/p>\n<h4>Material, etc., for indictments.<\/h4>\n<p>1.\u2014(1) An indictment may be on parchment or durable paper, and may be either written or printed, or partly written and partly printed.<\/p>\n<p>(2) Each sheet on which an indictment is set out shall be not more than 12 and not less than 6 inches in length, and not more than 14 and not less than 12 inches in width, and if more than one sheet is required, the sheets shall be fastened together in book form.<\/p>\n<p>(3) A proper margin not less than 3 inches in width shall be kept on the left-hand side of each sheet.<\/p>\n<p>(4) Figures and abbreviations may be used in an indictment for expressing anything which is commonly expressed thereby.<\/p>\n<p>(5) An indictment shall not be open to objection by reason only of any failure to comply with this rule.<\/p>\n<h4>Commencement of the indictment.<\/h4>\n<p>2.\u2014The commencement of the indictment shall be in the following form:\u2014<\/p>\n<p>The Attorney-General of Saorst\u00e1t Eireann v. A.B.<\/p>\n<p>Court of Trial (e.g. Central Criminal Court, (or) Court of the High Court Circuit, (or) The Circuit Court of Justice in Saorst\u00e1t Eireann, (or) The Court of the County Court Judge of Waterford, (or) The Court of the Recorder of Cork).<\/p>\n<p>Charge preferred to the Jury.<\/p>\n<p>A.B. is charged with the following offence (offences):\u2014<\/p>\n<h4>Joining of charges in one indictment.<\/h4>\n<p>3.\u2014Charges for any offences, whether felonies or misdemeanours, may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar character.<\/p>\n<h4>Mode in which offences are to be charged.<\/h4>\n<p>4.\u2014(1) A description of the offence charged in an indictment, or where more than one offence is charged in an indictment, of each offence so charged, shall be set out in the indictment in a separate paragraph called a count.<\/p>\n<p>(2) A count of an indictment shall commence with a statement of the offence charged, called the statement of offence.<\/p>\n<p>(3) The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence.<\/p>\n<p>(4) After the statement of the offence, particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary:<\/p>\n<p>Provided that where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to be given than those so required.<\/p>\n<p>(5) The forms set out in the appendix to these rules or forms conforming thereto as nearly as may be shall be used in cases to which they are applicable, and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case.<\/p>\n<p>(6) Where an indictment contains more than one count, the counts shall be numbered consecutively.<\/p>\n<h4>Provisions as to statutory offences.<\/h4>\n<p>5.\u2014(1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities, or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence.<\/p>\n<p>(2) It shall not be necessary, in any count charging a statutory offence, to negative any exception or exemption from or qualification to the operation of the statute creating the offence.<\/p>\n<h4>Description of property.<\/h4>\n<p>6.\u2014(1) The description of property in a count in an indictment shall be in ordinary language and such as to indicate with reasonable clearness the property referred to, and if the property is so described it shall not be necessary (except when required for the purpose of describing an offence depending on any special ownership of property or special value of property) to name the person to whom the property belongs or the value of the property.<\/p>\n<p>(2) Where property is vested in more than one person, and the owners of the property are referred to in an indictment it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owning the property are a body of persons with a collective name, such as \u201cInhabitants,\u201d \u201cTrustees,\u201d \u201cCommissioners,\u201d or \u201cClub\u201d or other such name, it shall be sufficient to use the collective name without naming any individual.<\/p>\n<h4>Description of persons.<\/h4>\n<p>7.\u2014The description or designation in an indictment of the accused person, or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him, without necessarily stating his correct name, or his abode, style, degree, or occupation; and if, owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, such description or designation shall be given as is reasonably practicable in the circumstances, or such person may be described as \u201ca person unknown.\u201d<\/p>\n<h4>Description of document.<\/h4>\n<p>8.\u2014Where it is necessary to refer to any document or instrument in an indictment, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof.<\/p>\n<h4>General rule as to description.<\/h4>\n<p>9.\u2014Subject to any other provisions of these rules, it shall be sufficient to describe any place, time, thing, matter, act, or omission whatsoever to which it is necessary to refer in any indictment, in ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act or omission referred to.<\/p>\n<h4>Statement of intent.<\/h4>\n<p>10.\u2014It shall not be necessary in stating any intent to defraud, deceive or injure, to state an intent to defraud, deceive or injure any particular person where the statute creating the offence does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the offence.<\/p>\n<h4>Charge of previous convictions, etc.<\/h4>\n<p>11.\u2014Any charge of a previous conviction of an offence or of being a habitual criminal or a habitual drunkard shall be charged at the end of the indictment by means of a statement\u2014in the case of a previous conviction that the person accused has been previously convicted of that offence at a certain time and place without stating the particulars of the offence, and in the case of a habitual criminal or habitual drunkard, that the offender is a habitual criminal or a habitual drunkard, as the case may be.<\/p>\n<p>Saving for s. 32 (4) of the Children Act, 1908.<\/p>\n<p>12.\u2014Nothing in these rules or in any rules made under section two of this Act shall affect the provisions of sub-section (4) of section 32 of the Children Act, 1908.<\/p>\n<p>Duty to furnish copy of indictment.<\/p>\n<p>13.\u2014(1) It shall be the duty of the registrar of the court to supply to the accused person, on request, a copy of the indictment free of charge.<\/p>\n<p>(2) In the application of this rule to county courts, the clerk of the peace shall be substituted for the registrar of the court.<\/p>\n<p>Interpretation.<\/p>\n<p>14.\u2014The Interpretation Act, 1923 (No. 46 of 1923) applies for the interpretation of these rules as it applies for the interpretation of an Act of the Oireachtas.<\/p>\n<p>Short title.<\/p>\n<p>15.\u2014These rules may be cited as the Indictment Rules, 1924, and these rules, together with any rules made under this Act, may be cited together by such collective title as may be prescribed by the last-mentioned rules.<\/p>\n<h4>APPENDIX TO RULES.<\/h4>\n<p>FORMS OF INDICTMENT.<\/p>\n<p>1.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Murder.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the<\/p>\n<p>day of<\/p>\n<p>, murdered J.S.<\/p>\n<p>, in the County of<\/p>\n<p>2.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Accessory after the fact to murder.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., well knowing that one H.C. did on the day of in the county of murder C.C., did on the day of in the County of and on other days thereafter receive, comfort, harbour, assist and maintain the said H.C<\/p>\n<p>3.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Manslaughter.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the<\/p>\n<p>day of<\/p>\n<p>, unlawfully killed J.S.<\/p>\n<p>, in the County of<\/p>\n<p>4.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Rape.<\/p>\n<p>PARTICULARS OF OFFENCE,<\/p>\n<p>A.B., on the<\/p>\n<p>day of<\/p>\n<p>, in the County of<\/p>\n<p>, had carnal knowledge of E.F without her consent.<\/p>\n<p>5.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>First Count.<\/p>\n<p>Wounding with intent, contrary to section 18 of the Offences against the Person Act, 1861 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of ,in the County of , wounded C.D., with intent to do him grievous bodily harm, or to maim, disfigure, or disable him, or to resist the lawful apprehension of him the said A.B.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Second Count.<\/p>\n<p>Wounding, contrary to section 20 of the Offences against the Person Act, 1861<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the<\/p>\n<p>day of<\/p>\n<p>, maliciously wounded C.D.<\/p>\n<p>, in the County of<\/p>\n<p>6.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Cruelty to a child, contrary to section 12 of the Children Act, 1908.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., between the day of and the day of , in the County of , being a person over the age of sixteen years having the custody, charge, or care of C.D., a child, ill-treated or neglected the said child, or caused or procured the said child to be ill-treated or neglected in a manner likely to cause the said child unnecessary suffering or injury to its health.<\/p>\n<p>7.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Larceny, contrary to section 17 (1) (a) of the Larceny Act, 1916 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , being clerk or servant to M.N., stole from the said M.N. ten yards of cloth.<\/p>\n<p>8.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Robbery, with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of robbed C.D. of a watch, and at the time of or immediately before or immediately after such robbery did use personal violence to the said C.D.<\/p>\n<p>9.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>First Count.<\/p>\n<p>Larceny after a previous conviction.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , stole a bag, the property of C.D. A.B. has been previously convicted of burglary on the day of at the Court sitting at Galway.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Second Count.<\/p>\n<p>Receiving stolen goods, contrary to section 33 (1) of the Larceny Act, 1916 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , did receive a bag, the property of C.D., knowing the same to have been stolen.<\/p>\n<p>10.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Larceny, contrary to section 13 of the Larceny Act, 1916 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., in the night of the day of , in the County of , did break and enter the dwelling-house of C.D. with intent to steal therein, and did steal therein one watch, the property of S.T., the said watch being of the value of ten pounds.<\/p>\n<p>11.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Threatening to publish a libel, contrary to section 31 of the Larceny Act, 1916 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , sent, delivered or uttered to or caused to be received by C.D., a letter accusing or threatening to accuse the said C.D. of an infamous crime with intent to extort money from the said C.D.<\/p>\n<p>12.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act, 1916 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , with intent to defraud, obtained from S.P. five yards of cloth by falsely pretending that he, the said A.B., was a servant to J.S., and that he, the said A.B., had been sent by the said J.S. to S.P. for the said cloth, and that he, the said A.B., was then authorised by the said J.S. to receive the said cloth on behalf of the said J.S.<\/p>\n<p>13.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Conspiracy to defraud.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., and C.D., on the day of and on divers days between that day and the day of in the County of , conspired together with indent to defraud by means of an advertisement inserted by them, the said A.B. and C.D., in the H.S. newspaper, falsely representing that A.B, and C.D. were then carrying on a genuine business as jewellers at , in the County of , and that they were then able to supply certain articles of jewellery to whomsoever would remit to them the sum of two pounds.<\/p>\n<p>14\u00b7<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>First Count.<\/p>\n<p>Arson, contrary to section 2 of the Malicious Damage Act, 1861 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , maliciously set fire to a dwelling house, one F.G. being therein.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Second Count.<\/p>\n<p>Arson, contrary to section 3 of the Malicious Damage Act, 1861 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , maliciously set fire to a house with intent to injure or defraud.<\/p>\n<p>15.<\/p>\n<p>STATEMENT OF OFFENCES.<\/p>\n<p>A.B., arson, contrary to section 3 of the Malicious Damage Act, 1861 ; C.D., accessory before the fact to same offence.<\/p>\n<p>PARTICULARS OF OFFENCES.<\/p>\n<p>A.B., on the day of , in the County of , set fire to a house with intent to injure or defraud. C.D., on the same day, in the County of , did counsel, procure, and command the said A.B. to commit the said offence.<\/p>\n<p>16.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>First Count.<\/p>\n<p>Offence under section 35 of the Malicious Damage Act, 1861 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , displaced a sleeper belonging to the Great Southern and Western Railway with intent to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage or truck using the said railway.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Second Count.<\/p>\n<p>Obstructing railway, contrary to section 36 of the Malicious Damage Act, 1861 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , by unlawfully displacing a sleeper belonging to the Great Southern and Western Railway did obstruct or cause to be obstructed an engine or carriage using the said railway.<\/p>\n<p>17.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Damaging trees, contrary to section 22 of the Malicious Damage Act, 1861 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , maliciously damaged an oak tree there growing.<\/p>\n<p>A.B. has been twice previously convicted of an offence under section 22 of the Malicious Damage Act, 1861 , namely at , on the day of , and at , on the day of .<\/p>\n<p>18.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>First Count.<\/p>\n<p>Forgery, contrary to section 2 (1) (a) of the Forgery Act, 1913.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , with intent to defraud, forged a certain will purporting to be the will of C.D.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Second Count.<\/p>\n<p>Uttering forged document, contrary to section 6 of the Forgery Act, 1913.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , uttered a certain forged will purporting to be the will of C.D., knowing the same to be forged and with intent to defraud.<\/p>\n<p>19.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Uttering counterfeit coin, contrary to section 9 of the Coinage Offences Act, 1861.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , at the shop kept by C.D. in the County of , uttered a counterfeit half-crown, knowing the same to be counterfeit.<\/p>\n<p>20.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Uttering counterfeit coin, contrary to section 12 of the Coinage Offences Act, 1861.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , at the shop kept by C.D. in the County of , uttered a counterfeit sovereign, knowing the same to be counterfeit.<\/p>\n<p>A B. has been previously convicted of a misdemeanour under section 9 of the Coinage Offences Act, 1861, on the day of at.<\/p>\n<p>21.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Libel.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , published a defamatory libel concerning E.F., in the form of a letter (book, pamphlet, picture, or as the case may be). (Innuendo should be stated where necessary).<\/p>\n<p>22.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>First Count.<\/p>\n<p>Publishing obscene libel.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>E.M., on the day of , in the County of , sold, uttered, and published and caused or procured to be sold, uttered, and published an obscene libel the particulars of which are deposited with this indictment.<\/p>\n<p>(Particulars to specify pages and lines complained of where necessary, as in a book.)<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Second Count.<\/p>\n<p>Procuring obscene libel (or thing) with intent to sell or publish.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>E.M., on the day of , in the County of , procured an obscene libel (or thing), the particulars of which are deposited with this indictment, with intent to sell, utter or publish such obscene libel (or thing).<\/p>\n<p>23.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>First Count.<\/p>\n<p>Falsification of accounts, contrary to section I of Falsification of Accounts Act, 1875.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , being clerk or servant to C.D., with intent to defraud, made or concurred in making a false entry in a cash-book belonging to the said C.D., his employer, purporting to show that on the said day \u00a3100 had been paid to L.M.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Second Count.<\/p>\n<p>Same as first count.<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of being clerk or servant to C.D., with intent to defraud, omitted or concurred in omitting from or in a cash book belonging to the said C.D., his employer, a material particular, that is to say, the receipt on the said day of \u00a350 from H.S.<\/p>\n<p>24.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>First Count.<\/p>\n<p>Fraudulent conversion of property, contrary to section 20 (1) (iv.) (a) of Larceny Act, 1916 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , fraudulently converted to his own use and benefit certain property, that is to say \u00a3100, entrusted to him by H.S., in order that he, the said A.B., might retain the same in safe custody.<\/p>\n<p>STATEMENT OF OFFENCE.<\/p>\n<p>Second Count.<\/p>\n<p>Fraudulent conversion of property, contrary to section 20 (1) (iv.) (b) of Larceny Act, 1916 .<\/p>\n<p>PARTICULARS OF OFFENCE.<\/p>\n<p>A.B., on the day of , in the County of , fraudulently converted to his own use and benefit certain property, that is to say, the sum of \u00a3200, received by him for and on account of L.M.<\/p>\n<p>SECOND SCHEDULE.<\/p>\n<p>ENACTMENTS REPEALED.<\/p>\n<p>Session and Chapter.<\/p>\n<p>Short Title.<\/p>\n<p>Extent of Repeal.<\/p>\n<p>11 &amp; 12 Vict. c. 12.<\/p>\n<p>The Treason Felony Act, 1848.<\/p>\n<p>Section five.<\/p>\n<p>11 &amp; 12 Vict. c. 46.<\/p>\n<p>The Criminal Procedure Act, 1848<\/p>\n<p>The whole Act so far as unrepealed.<\/p>\n<p>14 &amp; 15 Vict. c. 100.<\/p>\n<p>The Criminal Procedure Act, 1851 .<\/p>\n<p>Sections one, two, three, five, seven, twenty-three, twenty-four, and twenty-five.<\/p>\n<p>24 &amp; 25 Vict. c. 96.<\/p>\n<p>The Larceny Act, 1861 .<\/p>\n<p>Section twenty-eight from \u201cand in any indictment\u201d to the end of the section, and section one hundred and sixteen from the beginning of the section to \u201coffences; and.\u201d<\/p>\n<p>24 &amp; 25 Vict. c. 97.<\/p>\n<p>The Malicious Damage Act, 1861 .<\/p>\n<p>Section sixty, down to \u201calleging an intent to injure or defraud any particular person; and.\u201d<\/p>\n<p>24 &amp; 25 Vict. c. 98.<\/p>\n<p>The Forgery Act, 1861<\/p>\n<p>Sections forty-two and forty-three, and section forty-four down to \u201cany particular person; and.\u201d<\/p>\n<p>24 &amp; 25 Vict. c. 99.<\/p>\n<p>The Coinage Offences Act, 1861.<\/p>\n<p>Section thirty-seven, from \u201cit shall be sufficient to conviction for the previous offence; and.\u201d<\/p>\n<p>24 &amp; 25 Vict. c. 100.<\/p>\n<p>The Offences against the Person Act, 1861 .<\/p>\n<p>Section 6.<\/p>\n<p>26 &amp; 27 Vict. c. 29.<\/p>\n<p>The Corrupt Practices Prevention Act, 1863.<\/p>\n<p>Section six, down to \u201crequire; and.\u201d<\/p>\n<p>38 &amp; 39 Vict. c. 24.<\/p>\n<p>The Falsification of Accounts Act, 1875.<\/p>\n<p>Section two.<\/p>\n<p>39 &amp; 40 Vict. c. 36.<\/p>\n<p>The Customs Consolidation Act, 1876 .<\/p>\n<p>Section twenty-nine, from \u201cand in any information\u201d to the end of the section.<\/p>\n<p>46 &amp; 47 Vict. c. 3<\/p>\n<p>The Explosive Substances Act, 1883 .<\/p>\n<p>Sub-section (2) of section seven.<\/p>\n<p>51 &amp; 52 Vict. c. 64.<\/p>\n<p>The Law of Libel Amendment Act, 1888.<\/p>\n<p>Section seven.<\/p>\n<p>61 &amp; 62 Vict. c. 60.<\/p>\n<p>The Inebriates Act, 1898 .<\/p>\n<p>In sub-section (2) of section one the words \u201cin any indictment under this section, it shall be sufficient, after charging the offence, to state that the offender is a habitual drunkard.\u201d<\/p>\n<p>8 Edw. VII., c. 48.<\/p>\n<p>The Post Office Act, 1908 .<\/p>\n<p>Section seventy-three so far as respects indictments.<\/p>\n<p>8 Edw. VII., c<\/p>\n<p>The Prevention of Crime Act, 1908 .<\/p>\n<p>Sub-section (3) of section ten.<\/p>\n<p>&nbsp;<\/p>\n<h2>CRIMINAL JUSTICE ACT, 1999<\/h2>\n<p>PART V<\/p>\n<p>Guilty Pleas and Certificate Evidence<\/p>\n<h4>Guilty pleas.<\/h4>\n<p>29.\u2014(1) In determining what sentence to pass on a person who has pleaded guilty to an offence, other than an offence for which the sentence is fixed by law, a court, if it considers it appropriate to do so, shall take into account\u2014<\/p>\n<p>(a) the stage in the proceedings for the offence at which the person indicated an intention to plead guilty, and<\/p>\n<p>(b) the circumstances in which this indication was given.<\/p>\n<p>(2) To avoid doubt, it is hereby declared that subsection (1) shall not preclude a court from passing the maximum sentence prescribed by law for an offence if, notwithstanding the plea of guilty, the court is satisfied that there are exceptional circumstances relating to the offence which warrant the maximum sentence.<\/p>\n<p>(3) In this section, \u201cfixed by law\u201d, in relation to a sentence for an offence, means a sentence which a court is required by law to impose on a person of full capacity who is guilty of the offence.<\/p>\n<h4>Certificate evidence relating to custody of exhibits.<\/h4>\n<p>30.\u2014(1) In any criminal proceedings, a certificate purporting to be signed by a member of the Garda S\u00edoch\u00e1na and stating that the member had custody of an exhibit at a specified place or for a specified period or purpose shall be admissible as evidence of the matters stated in the certificate.<\/p>\n<p>(2) In any criminal proceedings, the court may\u2014<\/p>\n<p>(a) if it considers that the interests of justice so require, direct that oral evidence be given of the matters stated in a certificate under this section, and<\/p>\n<p>(b) adjourn the proceedings to a later date for the purpose of receiving the oral evidence.<\/p>\n<p>(3) A certificate under this section shall be tendered in evidence by a member of the Garda S\u00edoch\u00e1na not below the rank of sergeant.<\/p>\n<p>(4) The Minister may, by regulations, prescribe the form of a certificate under this section.<\/p>\n<p>PART VI<\/p>\n<p>&nbsp;<\/p>\n<h2>CRIMINAL JUSTICE ACT 2006<\/h2>\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-1643\" data-postid=\"1643\" class=\"themify_builder_content themify_builder_content-1643 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>In Public The general position is that proceedings in the preliminary pre-trial phase in the District Court are to be conducted in public.\u00a0 The court, conducting the proceedings may because of the nature of the circumstances of the case or otherwise in the interests of justice, if it considers that it is desirable to do [&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\/1643"}],"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=1643"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1643\/revisions"}],"predecessor-version":[{"id":34012,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1643\/revisions\/34012"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1643"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1643"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1643"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}