{"id":1749,"date":"2021-08-04T22:56:37","date_gmt":"2021-08-04T22:56:37","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1749"},"modified":"2024-03-20T22:30:49","modified_gmt":"2024-03-20T22:30:49","slug":"return-for-trial","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/return-for-trial\/","title":{"rendered":"Return for Trial"},"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\/return-for-trial\/#Sending_Forward_for_Trial\" title=\"Sending Forward for Trial\">Sending Forward for Trial<\/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\/return-for-trial\/#Book_of_Evidence\" title=\"Book of Evidence\">Book 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\/return-for-trial\/#Further_Documents\" title=\"Further Documents\">Further Documents<\/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\/return-for-trial\/#Application_to_Dismiss\" title=\"Application to Dismiss\">Application to Dismiss<\/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\/return-for-trial\/#Deposition\" title=\"Deposition\">Deposition<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/return-for-trial\/2\/#CRIMINAL_PROCEDURE_ACT_1967\" title=\"CRIMINAL PROCEDURE ACT 1967\">CRIMINAL PROCEDURE ACT 1967<\/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-7\" href=\"https:\/\/legalblog.ie\/return-for-trial\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/return-for-trial\/2\/#Proceedings_under_Part_IA_of_the_Criminal_Procedure_Act_1967\" title=\"Proceedings under Part IA of the Criminal Procedure Act, 1967.\">Proceedings under Part IA of the Criminal Procedure Act, 1967.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/return-for-trial\/2\/#Accused_to_be_sent_forward_for_trial\" title=\"Accused to be sent forward for trial.\">Accused to be sent forward for trial.<\/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\/return-for-trial\/2\/#Service_of_documents_on_accused_etc\" title=\"Service of documents on accused, etc.\">Service of documents on accused, 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\/return-for-trial\/2\/#Additional_documents\" title=\"Additional documents.\">Additional documents.<\/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\/return-for-trial\/2\/#Examination_of_exhibits\" title=\"Examination of exhibits.\">Examination of exhibits.<\/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\/return-for-trial\/2\/#Application_by_accused_for_dismissal_of_charge\" title=\"Application by accused for dismissal of charge.\">Application by accused for dismissal of charge.<\/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\/return-for-trial\/2\/#Taking_of_evidence_by_District_Court\" title=\"Taking of evidence by District Court.\">Taking of evidence by District Court.<\/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\/return-for-trial\/2\/#Admissibility_of_deposition_or_videorecording\" title=\"Admissibility of deposition or videorecording.\">Admissibility of deposition or videorecording.<\/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\/return-for-trial\/2\/#Legal_Aid\" title=\"Legal Aid.\">Legal Aid.<\/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\/return-for-trial\/2\/#Power_to_exclude_public\" title=\"Power to exclude public.\">Power to exclude public.<\/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\/return-for-trial\/2\/#Proceedings_not_to_be_published_or_broadcast\" title=\"Proceedings not to be published or broadcast.\">Proceedings not to be published or broadcast.<\/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\/return-for-trial\/2\/#Witness_order\" title=\"Witness order.\">Witness order.<\/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\/return-for-trial\/2\/#Witness_summons\" title=\"Witness summons.\">Witness summons.<\/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\/return-for-trial\/2\/#Amendment_of_charges\" title=\"Amendment of charges.\">Amendment of charges.<\/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\/return-for-trial\/2\/#Joinder_of_unrelated_charges\" title=\"Joinder of unrelated charges.\">Joinder of unrelated charges.<\/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\/return-for-trial\/2\/#Correction_of_defect_in_charge\" title=\"Correction of defect in charge.\">Correction of defect in charge.<\/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\/return-for-trial\/2\/#Transfer_of_proceedings_from_Circuit_Court_to_Central_Criminal_Court\" title=\"Transfer of proceedings from Circuit Court to Central Criminal Court.\">Transfer of proceedings from Circuit Court to Central Criminal Court.<\/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\/return-for-trial\/2\/#Jurisdiction_of_Circuit_Court_to_remand_accused_to_alternative_circuit_and_hear_applications\" title=\"Jurisdiction of Circuit Court to remand accused to alternative circuit and hear applications.\">Jurisdiction of Circuit Court to remand accused to alternative circuit and hear applications.<\/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\/return-for-trial\/2\/#Procedure_where_accused_pleads_guilty_in_District_Court_to_indictable_offence\" title=\"Procedure where accused pleads guilty in District Court to indictable offence.\">Procedure where accused pleads guilty in District Court to indictable offence.<\/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\/return-for-trial\/2\/#Power_to_remand\" title=\"Power to remand.\">Power to remand.<\/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\/return-for-trial\/2\/#Remand_in_custody_or_on_bail_by_the_District_Court\" title=\"Remand in custody or on bail by the District Court.\">Remand in custody or on bail by the District Court.<\/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\/return-for-trial\/2\/#Form_of_recognisance\" title=\"Form of recognisance.\">Form of recognisance.<\/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\/return-for-trial\/2\/#Period_of_remand\" title=\"Period of remand.\">Period of remand.<\/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\/return-for-trial\/2\/#Remand_to_custody_of_Garda_Siochana\" title=\"Remand to custody of Garda S\u00edoch\u00e1na.\">Remand to custody 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-32\" href=\"https:\/\/legalblog.ie\/return-for-trial\/2\/#Acceptance_of_deposit_in_lieu_of_sureties\" title=\"Acceptance of deposit in lieu of sureties.\">Acceptance of deposit in lieu of sureties.<\/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\/return-for-trial\/2\/#Provisions_as_to_admission_to_bail\" title=\"Provisions as to admission to bail.\">Provisions as to admission to bail.<\/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\/return-for-trial\/2\/#Bail_in_case_of_treason_murder_and_certain_other_offences\" title=\"Bail in case of treason, murder and certain other offences.\">Bail in case of treason, murder and certain other offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/return-for-trial\/2\/#Release_on_bail_in_certain_cases_by_members_of_Garda_Siochana\" title=\"Release on bail in certain cases by members of Garda S\u00edoch\u00e1na.\">Release on bail in certain cases by members of Garda S\u00edoch\u00e1na.<\/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-36\" href=\"https:\/\/legalblog.ie\/return-for-trial\/2\/#CRIMINAL_PROCEDURE_AMENDMENT_ACT_1973\" title=\"CRIMINAL PROCEDURE (AMENDMENT) ACT, 1973\">CRIMINAL PROCEDURE (AMENDMENT) ACT, 1973<\/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-37\" href=\"https:\/\/legalblog.ie\/return-for-trial\/2\/#Appeal_against_sentence\" title=\"Appeal against sentence.\">Appeal against sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/return-for-trial\/2\/#Amendment_of_charge_where_accused_charged_with_indictable_offence_waives_preliminary_examination_or_is_sent_forward_for_sentence\" title=\"Amendment of charge where accused charged with indictable offence waives preliminary examination or is sent forward for sentence.\">Amendment of charge where accused charged with indictable offence waives preliminary examination or is sent forward for sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/return-for-trial\/2\/#Extension_of_legal_aid\" title=\"Extension of legal aid.\">Extension of legal aid.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Sending_Forward_for_Trial\"><\/span>Sending Forward for Trial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Prior to October 2001, offences tried on indictment were the subject of a preliminary examination in the District Court.\u00a0 1999 legislation abolished this longstanding procedure, which dates back centuries.<\/p>\n<p>Where an accused is brought before the District Court charged with an indictable offence, the Court shall send the accused forward for trial to the Court before which he is to stand trial unless the case is being tried summarily on is being dealt with under the above provisions on a guilty plea.<\/p>\n<p>The accused shall not be sent forward for trial without the consent of the prosecutor. When the prosecutor refuses to give the consent required above in relation to an indictable offence, the District Court shall strike out proceedings.\u00a0 Striking out of proceedings shall not prejudice the institution of proceedings against the accused by the prosecutor.<\/p>\n<p>The accused shall not be sent forward for trial until the documents mentioned below (the book of evidence) have been served on the accused.<\/p>\n<p>Where a Court makes an order sending a person forward for trial, he may be committed to prison to await trial or sentence or may be released on entering a recognisance.<\/p>\n<p>A company may be charged with an indictable offence. \u00a0It may appear by a representative who may answer questions on his behalf.\u00a0 The representative may object or make elections on behalf of the accused company. A representative is a person duly appointed by the company to represent it for the purpose of making the various elections etc. set out above.<\/p>\n<p>Where an accused person is before the court charged with an indictable offence which is not triable summarily and the prosecutor consents to the accused being sent forward for trial, the judge shall remand the accused to a further sitting of the court to allow service of documents.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Book_of_Evidence\"><\/span>Book of Evidence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the prosecutor consents to the accused being sent forward for trial, the prosecutor shall within 42 days of the first appearance in the District Court or any extended period granted, cause the following documents to be served on the accused or his solicitor:<\/p>\n<ul>\n<li>statement of the charges,<\/li>\n<li>copy of sworn information in writing upon which proceedings are based,<\/li>\n<li>list of the witnesses,<\/li>\n<li>statement of the evidence expected to be given by each,<\/li>\n<li>copy of documents containing information proposed to be given in evidence under Criminal Evidence Act,<\/li>\n<li>certificates,<\/li>\n<li>a list of exhibits.<\/li>\n<\/ul>\n<p>The prosecutor may apply to extend the time for service of the book of evidence, which the court may grant provided there is a good reason for doing so and it would be in the interests of justice to do so.\u00a0 Where an extension is refused, the District Court shall strike out proceedings.\u00a0 This shall not prejudice the institution of proceedings against the accused again.\u00a0 When the documents have been served on the accused, the Judge having informed the accused in relation to notice of alibis provisions and certain other notices must send him forward for trial.<\/p>\n<p>When the accused is to be sent forward for trial, documents lodged with the District Court including the book of evidence are transmitted to the relevant County Registrar or other Court Registrar.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Further_Documents\"><\/span>Further Documents<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At any time after service of the book of evidence the prosecutor may cause the following documents to be served on the accused or his solicitor:<\/p>\n<ul>\n<li>a list of any further witnesses the prosecutor proposes to call,<\/li>\n<li>a statement of the evidence which is expected to be given by each witness whose name appears on the list of further witnesses,<\/li>\n<li>statement of further evidence that is expected to be given any witness whose name appears on the list already served,<\/li>\n<li>notice of intention to give hearsay evidence under Criminal Evidence Act,<\/li>\n<li>copies of depositions below, list of further exhibits.<\/li>\n<\/ul>\n<p>The accused shall have the right to inspect all exhibits mentioned in that list of exhibits served.<\/p>\n<p>Where the trial judge is satisfied that it is in the interests of justice that any document required to be served on the accused or his solicitor, be served at the hearing of an application, the prosecutor shall serve the document on the accused or his solicitor and Court may if it considers appropriate, adjourn the hearing for that purpose.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Application_to_Dismiss\"><\/span>Application to Dismiss<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At any time after the accused is sent forward for trial, the accused may apply to the trial court to dismiss one or more of the charges against him. \u00a0Notice of the application must be given to the prosecutor at least 14 days before the date on which it is due to be heard.\u00a0 A shorter time limit may be permissible in the interests of justice.<\/p>\n<p>If it appears to the trial court that there is not sufficient cause to put the accused on trial for any charge to which the application relates, the Court shall dismiss the charge.\u00a0 Oral evidence may be given on that application only if it appears to the trial court that such evidence is required in the interests of justice.<\/p>\n<p>Where the charge is dismissed by the trial court, the prosecutor may appeal to the Court of Appeal within 21 days.\u00a0 The court may affirm and quash the decision. If the Court of Appeal quashes the decision, the matter may proceed as if the charge had never been dismissed.<\/p>\n<p>The purpose of the provision is to confer a similar jurisdiction as was conferred in the District Court in the preliminary examination.\u00a0 The question is whether there is a sufficient case to put the accused on trial.\u00a0 It may be based on a legal point or insufficiency of evidence. The matter is based primarily on the book of evidence.\u00a0 It is not intended to be a mechanism for the determination of preliminary issues.\u00a0 The Court is not required to determine preliminary issues.<\/p>\n<p>Witnesses<\/p>\n<p>A witness summons warrant may be issued on foot of an order of the trial court. A warrant for the arrest of a person who fails to attend to answer may be issued.<\/p>\n<p>Video recording of evidence given through a live television link shall if the accused is present at the taking of the evidence and the opportunity was given to cross-examine and re-examine the witness, be available at the trial of the offence as evidence of facts stated therein, in respect of which direct oral evidence would be admissible unless the Court is of the opinion, that it is in the interests of justice that it should not be admitted. This is subject to other conditions regarding the admissibility of video recording evidence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Deposition\"><\/span>Deposition<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At any time after the accused is sent forward for trial, the prosecutor or the accused may apply to the trial court for an order requiring a person to appear before the District Court, for the taking of evidence on sworn deposition or by way of video link whether or not such person\u2019s name appears on the list of witness served on the accused.\u00a0 If satisfied that it would be in the interest of justice so to do, the trial court may order a person who is subject of an application above to attend before a judge of the District Court, so that the Judge may take the person&#8217;s evidence accordingly.<\/p>\n<p>When the evidence is being taken, the accused and the Judge of the District Court shall be present. \u00a0Before it is taken, the Judge shall inform the accused of the circumstances in which it may be admitted as evidence in the trial.\u00a0 The witness may be cross-examined and re-examined.<\/p>\n<p>Where it is taken by sworn deposition, the evidence and re-examination, the deposition, cross-examination and re-examination shall be recorded, read to the deponent and signed by the deponent and Judge.\u00a0 The District Court has all the ordinary powers available in relation to witnesses in criminal proceedings.<\/p>\n<p>The party in proceedings may upon payment of a prescribed fee if any, obtain from the Clerk, a copy of the deposition which is in his custody. A disposition may be considered by the trial judge on application.<\/p>\n<p>It may be admitted in evidence if it is proved that the witness is dead, unable to attend or give evidence at the trial, prevented from so attending or does not give evidence at the trial through fear or intimidation.\u00a0 It must be shown that the accused was present at the taking of the evidence and that the opportunity was given to cross-examine or re-examine the witness unless the court is of the opinion that doing so would not be in the interests of justice.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL PROCEDURE ACT 1967<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 28 February 2022<\/p>\n<p>AN ACT TO ESTABLISH A NEW PROCEDURE FOR THE PRELIMINARY EXAMINATION OF INDICTABLE OFFENCES AND FOR THIS AND OTHER PURPOSES TO AMEND CRIMINAL LAW AND ADMINISTRATION. [13th June, 1967]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nApplication of Act restricted by The Courts of Justice Act 1924 (10\/1924) s. 79(3) as inserted (15.12.1995) by Courts and Court Officers Act 1995 (31\/1995) s. 41, commenced on enactment.<\/p>\n<p>Exercise by the Justices severally of jurisdictions.<\/p>\n<p>79.\u2014 &#8230;<\/p>\n<p>(3) A judge of the District Court exercising jurisdiction under subsection (2) of this section shall not have jurisdiction to conduct a preliminary examination under the provisions of the Criminal Procedure Act, 1967, unless that jurisdiction is exercised in the District Court District\u2014<\/p>\n<p>(a) where the crime was committed, or<\/p>\n<p>(b) where the accused resides or was arrested.<\/p>\n<p>&#8230;<\/p>\n<p>PART I<\/p>\n<p>Preliminary<\/p>\n<p>Short title.<\/p>\n<p>1.\u2014This Act may be cited as the Criminal Procedure Act, 1967.<\/p>\n<p>Commencement.<\/p>\n<p>2.\u2014Section 3 and Parts II and III shall come into operation on such day as the Minister for Justice by order appoints.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower pursuant to section exercised (1.08.1967) by Criminal Procedure Act, 1967 (Commencement of Section 3 and Parts II and III) Order 1967 (S.I. No. 182 of 1967).<\/p>\n<p>2. The 1st day of August, 1967, is hereby appointed as the day on which section 3 and Parts II and III of the Criminal Procedure Act, 1967, shall come into operation.<\/p>\n<p>Repeals.<\/p>\n<p>3.\u2014Each of the enactments mentioned in the Schedule is hereby repealed to the extent specified in the third column.<\/p>\n<p>F1[<\/p>\n<h4>Interpretation.<\/h4>\n<p>4.\u2014(1) In this Act \u2018the prosecutor\u2019 means, in relation to an offence\u2014<\/p>\n<p>(a) in Part IA and section 13, the Director of Public Prosecutions, and<\/p>\n<p>(b) in Parts II and III, other than section 13\u2014<\/p>\n<p>(i) the Director of Public Prosecutions,<\/p>\n<p>(ii) a person prosecuting the offence at the suit of the Director of Public Prosecutions, or<\/p>\n<p>(iii) a person authorised by law to prosecute the offence.<\/p>\n<p>(2) Notwithstanding subsection (1), references to the prosecutor in Parts IA, II and III shall be construed, in relation to offences for which proceedings may not be F2[instituted or continued except by the Attorney General] as references to the Attorney General.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nSubstituted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 8, S.I. No. 193 of 2001.<\/p>\n<p>F2<br \/>\nSubstituted (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), s. 37(a), S.I. No. 414 of 2010.<\/p>\n<p>F3[PART IA<\/p>\n<p>Proceedings Relating to Indictable Offences]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nPart IA (ss. 4A-4Q) inserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nApplication of part extended (1.06.2015) by Companies Act 2014 (38\/2014), s. 868(2), S.I. No. 169 of 2015.<\/p>\n<p>Prosecution of companies on indictment<\/p>\n<p>868. (1) &#8230;<\/p>\n<p>(2) The company may appear, at all stages of the proceedings, by a representative and the answer to any question put to a person charged with an indictable offence may be made on behalf of the company by that representative but if the company does not so appear it shall not be necessary to put the questions and the District Court may, notwithstanding its absence, send forward the company for trial and exercise any of its other powers under Part 1A of the Criminal Procedure Act 1967, including the power to take depositions.<\/p>\n<p>C3<br \/>\nConditions for application of Part extended by Criminal Justice Act 1984 (22\/1984), s. 18 as substituted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 28(1), S.I. No. 236 of 2007.<\/p>\n<p>Inferences from failure or refusal to account for objects, marks, etc.<\/p>\n<p>[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>&#8230;]<\/p>\n<p>Other provisions relating to the drawing of inferences and referring to Part 1A include:<\/p>\n<p>\u2022 (20.11.2015) Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 19, S.I. No. 508 of 2015 (inferences from refusal to consent, or withdrawal of consent, to taking of intimate sample);<\/p>\n<p>\u2022 Offences Against the State (Amendment) Act 1998 (39\/1998), s. 2, as substituted and inserted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 31, S.I. No. 236 of 2007 (membership of an unlawful organisation: inferences that may be drawn);<\/p>\n<p>\u2022 Criminal Justice Act 1984 (22\/1984), s. 19 as substituted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 29(1), S.I. No. 236 of 2007 (inferences from failure or refusal to account for accused\u2019s presence at a particular place);<\/p>\n<p>\u2022 Criminal Justice Act 1984 (22\/1984), s. 19A as inserted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 30, S.I. No. 236 of 2007 (inferences from failure of accused to mention particular facts); and<\/p>\n<p>\u2022 Criminal Justice (Forensic Evidence) Act 1990 (34\/1990), s. 3 as substituted (26.05.1999) by Criminal Justice Act 1999 (10\/1999), s. 17, S.I. No. 154 of 1999 (inferences from refusal to consent to taking a sample).<\/p>\n<p>C4<br \/>\nApplication of Part extended (1.05.2002) by Children Act 2001 (24\/2001), s. 75 (7) (b)(i), S.I. No. 151 of 2002.<\/p>\n<p>Jurisdiction to deal summarily with indictable offences.<\/p>\n<p>75.\u2014 &#8230;<\/p>\n<p>(7) &#8230;<\/p>\n<p>(b) In that event\u2014<\/p>\n<p>(i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the child had been sent forward for trial to that court on that charge in accordance with Part 1A (inserted by the Criminal Justice Act, 1999) of the Act of 1967,<\/p>\n<p>&#8230;<\/p>\n<p>C5<br \/>\nApplication of Part restricted by Criminal Law (Rape) Act 1981 (10\/1981), s. 4 as substituted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 15, S.I. No. 193 of 2001.<\/p>\n<p>[<\/p>\n<h4>Proceedings under Part IA of the Criminal Procedure Act, 1967.<\/h4>\n<p>4.\u2014(1) In a proceeding under Part IA of the Criminal Procedure Act, 1967, relating to\u2014<\/p>\n<p>(a) the dismissal of a charge of a sexual assault offence, or<\/p>\n<p>(b) the taking of a person\u2019s evidence by way of deposition in the case of a sexual assault offence.<\/p>\n<p>then, except with leave of the judge conducting the proceeding, evidence shall not be adduced and a question shall not be asked which, if the proceeding were a trial such as is mentioned in section 3(1), could not be adduced or asked without leave in pursuance of that section.<\/p>\n<p>&#8230;]<\/p>\n<p>F4[<\/p>\n<h4>Accused to be sent forward for trial.<\/h4>\n<p>4A.\u2014 (1) Where an accused person is before the District Court charged with an indictable offence, the Court shall send the accused forward for trial to the court before which he is to stand trial (the trial court) unless\u2014<\/p>\n<p>(a) the case is being tried summarily,<\/p>\n<p>(b) the case is being dealt with under section 13, or<\/p>\n<p>(c) F5[\u2026]<\/p>\n<p>(2) The accused shall not be sent forward for trial under subsection (1) without the consent of the prosecutor.<\/p>\n<p>(3) Where the prosecutor refuses to give a consent required under subsection (2) in relation to an indictable offence, the District Court shall strike out the proceedings against the accused in relation to that offence.<\/p>\n<p>(4) The striking out of proceedings under subsection (3) shall not prejudice the institution of proceedings against the accused by the prosecutor.<\/p>\n<p>(5) The accused shall not be sent forward for trial under subsection (1) until the documents mentioned in section 4B(1) have been served F6[in accordance with that section].]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nPt. 1A (ss. 4A-4Q) inserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F5<br \/>\nRepealed by Criminal Law (Insanity) Act 2006 (11\/2006), s. 25 and sch. 2 item 10, as substituted (8.02.2011) by Criminal Law (Insanity) Act 2010 (40\/2010), s. 9, S.I. No. 50 of 2011.<\/p>\n<p>F6<br \/>\nSubstituted (28.02.2022) by Criminal Procedure Act 2021 (7\/2021), s. 13, S.I. No. 79 of 2022.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C6<br \/>\nApplication of section extended, applied with modifications (1.06.2006) by Criminal Law (Insanity) Act 2006 (11\/2006), s. 4(4)(c), (e), S.I. No. 273 of 2006.<\/p>\n<p>Fitness to be tried.<\/p>\n<p>4.\u2014 &#8230;<\/p>\n<p>(4) &#8230;<\/p>\n<p>(c) If the determination under paragraph (b) is that the accused person is fit to be tried, the provisions of the Criminal Procedure Act 1967, shall apply as if an order returning the person for trial had been made by the Court under section 4A of that Act (inserted by section 9 of the Criminal Justice Act 1999) on the date the determination was made but, in any case where section 13 of that Act applies, the person shall be returned for trial.<\/p>\n<p>&#8230;<\/p>\n<p>(e) Where the court subsequently determines that the person is fit to be tried the provisions of the Criminal Procedure Act 1967, shall apply as if an order returning the person for trial had been made by the Court on the date the determination was made.<\/p>\n<p>&#8230;<\/p>\n<p>F7[<\/p>\n<h4>Service of documents on accused, etc.<\/h4>\n<p>4B.\u2014F8[(1) (a) Subject to subsection (3), the prosecutor shall cause the documents specified in paragraph (b) to be served on the accused or his or her solicitor (if any) not later than 42 days from the date on which\u2014<\/p>\n<p>(i) the accused, on being informed by the District Court of his or her right to be tried by a jury, objects to being tried summarily or the prosecutor informs the court that he or she does not consent to the person being tried summarily for the offence concerned or,<\/p>\n<p>(ii) in the case of an offence in respect of which the prosecutor may elect to prosecute either summarily or on indictment, the prosecutor elects to try the offence on indictment, or<\/p>\n<p>(iii) the District Court determines that the facts alleged do not constitute a minor offence and are not fit to be tried summarily.<\/p>\n<p>(b) The documents referred to in paragraph (a) are:<\/p>\n<p>(i) a statement of the charges against the accused;<\/p>\n<p>(ii) a copy of any sworn information in writing upon which the proceedings were initiated;<\/p>\n<p>(iii) a list of the witnesses the prosecutor proposes to call at the trial;<\/p>\n<p>(iv) a statement of the evidence that is expected to be given by each of them;<\/p>\n<p>(v) a copy of any document containing information which it is proposed to give in evidence by virtue of Part II of the Criminal Evidence Act 1992;<\/p>\n<p>(vi) where appropriate, a copy of a certificate under section 6(1) of that Act;<\/p>\n<p>(vii) a list of the exhibits (if any). ]<\/p>\n<p>(2) As soon as the documents mentioned in subsection (1) are served, the prosecutor shall furnish copies of them to the District Court.<\/p>\n<p>(3) On application by the prosecutor, the District Court may extend the period within which the documents mentioned in subsection (1) are to be served if it is satisfied that\u2014<\/p>\n<p>(a) there is good reason for doing so, and<\/p>\n<p>(b) it would be in the interests of justice to do so.<\/p>\n<p>(4) An application may be made and an extension may be granted under subsection (3) before or after the expiry of\u2014<\/p>\n<p>(a) the period of 42 days mentioned in subsection (1), or<\/p>\n<p>(b) any extension of that period granted under subsection (3).<\/p>\n<p>(5) Where it refuses to grant an extension, the District Court shall strike out the proceedings against the accused in relation to the offence.<\/p>\n<p>(6) The striking out of proceedings under subsection (5) shall not prejudice the institution of any proceedings against the accused by the prosecutor.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F7<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F8<br \/>\nSubstituted (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), s. 37(b), S.I. No. 414 of 2010.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C7<br \/>\nApplication of section extended (30.07.2013) by European Union (Birds and Natural Habitats) (Sea-fisheries) Regulations 2013 (S.I. No. 290 of 2013), reg. 20(2) and (3).<\/p>\n<p>Matters relating to indictable offences<\/p>\n<p>20.\u2014 &#8230;<\/p>\n<p>(2) Where a person elects to be sent forward for trial in the Circuit Court on a plea of not guilty under paragraph (1), the prosecutor shall cause to be served on the accused person or the solicitor (if any) for that person, not later than 42 days after the not guilty plea is entered (or such longer period as the District Court determines under paragraph (3)), any documents that under section 4B (as amended by section 37 of the Criminal Procedure Act 2010 (No. 27 of 2010)) and 4C (inserted by section 9 of the Criminal Justice Act 1999 (No. 10 of 1999)) of the Criminal Procedure Act 1967 (No. 12 of 1967) are required to be served and have not already been served, and a copy of those documents is to be furnished to the District Court.<\/p>\n<p>(3) The District Court may, on the application of the prosecutor, extend the period within which a document required under section 4B of the Criminal Procedure Act 1967 is to be served, where satisfied that\u2014<\/p>\n<p>(a) there is good reason for doing so, and<\/p>\n<p>(b) it would be in the interests of justice to do so.<\/p>\n<p>&#8230;<\/p>\n<p>C7<br \/>\nApplication of section extended (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8\/2006), s. 27, commenced on enactment.<\/p>\n<p>Option for accused persons as regards proceedings in relation to indictable offences under Sea-Fisheries Acts 2003 and 2006.<\/p>\n<p>27.\u2014 (1) (a) A person charged with an indictable offence under Chapter 2 or the Act of 2003 may, with the consent of the prosecutor, elect to be sent forward for trial in the Circuit Court on a plea of not guilty.<\/p>\n<p>(b) In that event, the prosecutor shall cause to be served on the accused person or the solicitor (if any) for that person, within 42 days after the not guilty plea is entered (or such longer period as the District Court may determine under subsection (2)(a)), any documents that under section 4B or 4C (inserted by section 9 of the Act of 1999) of the Act of 1967 are required to be served and have not already been served and a copy of those documents to be furnished to the District Court.<\/p>\n<p>(2) (a) The District Court may, on the application of the prosecutor, extend the period within which any documents required under section 4B of the Act of 1967 are to be served, if satisfied that\u2014<\/p>\n<p>(i) there is good reason for doing so, and<\/p>\n<p>(ii) it would be in the interests of justice to do so.<\/p>\n<p>(b) An application may be made and an extension may be granted under paragraph (a) before or after the expiry of\u2014<\/p>\n<p>(i) the period of 42 days mentioned in subsection (1), or<\/p>\n<p>(ii) any extension of that period granted under paragraph (a).<\/p>\n<p>(c) Where it refuses to grant an extension, the District Court shall strike out the proceedings against the accused in relation to the offence.<\/p>\n<p>(d) The striking out of proceedings under paragraph (c) does not prejudice the institution of any further proceedings against the accused by the prosecutor.<\/p>\n<p>C9<br \/>\nApplication of section extended (1.05.2002) by Children Act 2001 (24\/2001), s. 75 (7)(b)(ii) and (iii), S.I. No. 151 of 2002.<\/p>\n<p>Jurisdiction to deal summarily with indictable offences.<\/p>\n<p>75.\u2014 &#8230;<\/p>\n<p>(7) (a) Where a child is sent forward for sentence under this section, he or she may withdraw the written plea and plead not guilty to the charge.<\/p>\n<p>(b) In that event\u2014<\/p>\n<p>(i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the child had been sent forward for trial to that court on that charge in accordance with Part 1A (inserted by the Criminal Justice Act, 1999) of the Act of 1967,<\/p>\n<p>(ii) the prosecutor shall cause to be served on the child any documents that under section 4B or 4C (as so inserted) of that Act are required to be served and have not already been served, and<\/p>\n<p>(iii) the period referred to in subsection (1) of the said section 4B shall run from the date on which the not guilty plea is entered.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nPrevious affecting provision: application of section extended (27.08.2009) by European Communities (Habitats and Birds) (Sea-fisheries) Regulations 2009 (S.I. No. 346 of 2009), reg. 15(2) and (3); revoked (30.07.2013) by European Union (Birds and Natural Habitats) (Sea-fisheries) Regulations 2013 (S.I. No. 290 of 2013), reg. 33(1)(a).<\/p>\n<p>F9[<\/p>\n<h4>Additional documents.<\/h4>\n<p>4C.\u2014(1) At any time after service of the documents mentioned in section 4B(1), the prosecutor shall cause the following documents to be served on the accused or his solicitor, if any:<\/p>\n<p>(a) a list of any further witnesses the prosecutor proposes to call at the trial;<\/p>\n<p>(b) a statement of the evidence that is expected to be given by each witness whose name appears on the list of further witnesses;<\/p>\n<p>(c) a statement of any further evidence that is expected to be given by any witness whose name appears on the list already served under section 4B(1)(c);<\/p>\n<p>(d) any notice of intention to give information contained in a document in evidence under section 7(1)(b) of the Criminal Evidence Act, 1992, together with a copy of the document;<\/p>\n<p>(e) where appropriate, a copy of a certificate under section 6(1) of the Criminal Evidence Act, 1992;<\/p>\n<p>(f) a copy of any deposition taken under section 4F;<\/p>\n<p>(g) a list of any further exhibits.<\/p>\n<p>(2) As soon as any documents are served in accordance with this section, the prosecutor shall furnish copies of them to the trial Court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C10<br \/>\nApplication of section extended (30.07.2013) by European Union (Birds and Natural Habitats) (Sea-fisheries) Regulations 2013 (S.I. No. 290 of 2013), reg. 20(2).<\/p>\n<p>Matters relating to indictable offences<\/p>\n<p>20.\u2014 &#8230;<\/p>\n<p>(2) Where a person elects to be sent forward for trial in the Circuit Court on a plea of not guilty under paragraph (1), the prosecutor shall cause to be served on the accused person or the solicitor (if any) for that person, not later than 42 days after the not guilty plea is entered (or such longer period as the District Court determines under paragraph (3)), any documents that under section 4B (as amended by section 37 of the Criminal Procedure Act 2010 (No. 27 of 2010)) and 4C (inserted by section 9 of the Criminal Justice Act 1999 (No. 10 of 1999)) of the Criminal Procedure Act 1967 (No. 12 of 1967) are required to be served and have not already been served, and a copy of those documents is to be furnished to the District Court.<\/p>\n<p>&#8230;<\/p>\n<p>C10<br \/>\nApplication of section extended (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8\/2006), s. 27, commenced on enactment.<\/p>\n<p>Option for accused persons as regards proceedings in relation to indictable offences under Sea-Fisheries Acts 2003 and 2006.<\/p>\n<p>27.\u2014 (1) (a) A person charged with an indictable offence under Chapter 2 or the Act of 2003 may, with the consent of the prosecutor, elect to be sent forward for trial in the Circuit Court on a plea of not guilty.<\/p>\n<p>(b) In that event, the prosecutor shall cause to be served on the accused person or the solicitor (if any) for that person, within 42 days after the not guilty plea is entered (or such longer period as the District Court may determine under subsection (2)(a)), any documents that under section 4B or 4C (inserted by section 9 of the Act of 1999) of the Act of 1967 are required to be served and have not already been served and a copy of those documents to be furnished to the District Court.<\/p>\n<p>(2) (a) The District Court may, on the application of the prosecutor, extend the period within which any documents required under section 4B of the Act of 1967 are to be served, if satisfied that\u2014<\/p>\n<p>(i) there is good reason for doing so, and<\/p>\n<p>(ii) it would be in the interests of justice to do so.<\/p>\n<p>(b) An application may be made and an extension may be granted under paragraph (a) before or after the expiry of\u2014<\/p>\n<p>(i) the period of 42 days mentioned in subsection (1), or<\/p>\n<p>(ii) any extension of that period granted under paragraph (a).<\/p>\n<p>(c) Where it refuses to grant an extension, the District Court shall strike out the proceedings against the accused in relation to the offence.<\/p>\n<p>(d) The striking out of proceedings under paragraph (c) does not prejudice the institution of any further proceedings against the accused by the prosecutor.<\/p>\n<p>C12<br \/>\nApplication of section extended (1.05.2002) by Children Act 2001 (24\/2001), s. 75(7)(b)(ii), S.I. No. 151 of 2002.<\/p>\n<p>Jurisdiction to deal summarily with indictable offences.<\/p>\n<p>75.\u2014 &#8230;<\/p>\n<p>(7) (a) Where a child is sent forward for sentence under this section, he or she may withdraw the written plea and plead not guilty to the charge.<\/p>\n<p>(b) In that event\u2014<\/p>\n<p>(i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the child had been sent forward for trial to that court on that charge in accordance with Part 1A (inserted by the Criminal Justice Act, 1999 ) of the Act of 1967,<\/p>\n<p>(ii) the prosecutor shall cause to be served on the child any documents that under section 4B or 4C (as so inserted) of that Act are required to be served and have not already been served, and<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nPrevious affecting provision: application of section extended (27.08.2009) by European Communities (Habitats and Birds) (Sea-fisheries) Regulations 2009 (S.I. No. 346 of 2009), reg. 15(2); revoked (30.07.2013) by European Union (Birds and Natural Habitats) (Sea-fisheries) Regulations 2013 (S.I. No. 290 of 2013), reg. 33(1)(a).<\/p>\n<p>F10[<\/p>\n<h4>Examination of exhibits.<\/h4>\n<p>4D.\u2014The accused shall have the right to inspect all exhibits mentioned in the list of exhibits served on the accused or his solicitor under section 4B or 4C.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F11[<\/p>\n<h4>Application by accused for dismissal of charge.<\/h4>\n<p>4E.\u2014(1) F12[Subject to subsection (1A), at any time] after the accused is sent forward for trial, the accused may apply to the trial court to dismiss one or more of the charges against the accused.<\/p>\n<p>F13[(1A) Where\u2014<\/p>\n<p>(a) a court makes a relevant order within the meaning of Part 2 of the Criminal Procedure Act 2021 at a preliminary trial hearing (within the meaning of that Part) to the effect that evidence shall not be admitted at trial, and<\/p>\n<p>(b) the order is appealed under section 7 of that Act,<\/p>\n<p>the accused may not make an application under subsection (1) to dismiss a charge to which the order relates until that appeal is determined or withdrawn.]<\/p>\n<p>(2) Notice of an application under subsection (1) shall be given to the prosecutor not less than 14 days before the date on which the application is due to be heard.<\/p>\n<p>(3) The trial court may, in the interests of justice, determine that less than 14 days notice of an application under subsection (1) may be given to the prosecutor.<\/p>\n<p>(4) If it appears to the trial court that there is not a sufficient case to put the accused on trial for any charge to which the application relates, the court shall dismiss the charge.<\/p>\n<p>(5) (a) Oral evidence may be given on an application under subsection (1) only if it appears to the trial court that such evidence is required in the interests of justice.<\/p>\n<p>(b) In paragraph (a) &#8220;oral evidence&#8221; includes\u2014<\/p>\n<p>(i) any evidence given through a live television link pursuant to Part III of the Criminal Evidence Act, 1992, or section 39 of the Criminal Justice Act, 1999, or<\/p>\n<p>(ii) a videorecording of any evidence given through a live television link pursuant to that Part or section in proceedings under F14[section 4F, or]<\/p>\n<p>F15[(iii) any other videorecording, or an audiorecording, which may be admitted by the trial court as evidence of any fact stated in it.]<\/p>\n<p>(6) Where the trial court is satisfied that it is in the interests of justice that any document required under this Part to be served on the accused or his solicitor be served at the hearing of an application under this section\u2014<\/p>\n<p>(a) the prosecutor shall serve the document on the accused or his solicitor, if any, at the hearing, and<\/p>\n<p>(b) the court may, if it considers it appropriate to do so, adjourn the hearing for that purpose.<\/p>\n<p>(7) Where a charge is dismissed by the trial court under subsection (4), the prosecutor may, within 21 days after the dismissal date, appeal against the dismissal to the Court of Criminal Appeal.<\/p>\n<p>(8) On an appeal under subsection (7), the Court of Criminal Appeal may\u2014<\/p>\n<p>(a) affirm the decision of the trial court, or<\/p>\n<p>(b) quash the decision of the trial court, in which case the trial of the accused may proceed as if the charge had never been dismissed.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F12<br \/>\nSubstituted (28.02.2022) by Criminal Procedure Act 2021 (7\/2021), s. 14(a), S.I. No. 79 of 2022.<\/p>\n<p>F13<br \/>\nInserted (28.02.2022) by Criminal Procedure Act 2021 (7\/2021), s. 14(b), S.I. No. 79 of 2022.<\/p>\n<p>F14<br \/>\nSubstituted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 20(a), S.I. No. 390 of 2006.<\/p>\n<p>F15<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 20(b), S.I. No. 390 of 2006.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nProvision made for destruction of certain fingerprints, palm prints and photographs where proceedings for certain offences have been instituted and the charge against the person is dismissed under section by Criminal Justice Act 1984 (22\/1984), s. 8(2)(a)(ii)(II), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 103, S.I. No. 508 of 2015.<\/p>\n<p>E5<br \/>\nProvision made for removal of certain DNA profiles from reference index of DNA Database System where proceedings for certain offences have been instituted and the charge against the person is dismissed under section (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 80(1)(a)(ii)(II), S.I. No. 508 of 2015.<\/p>\n<p>E6<br \/>\nProvision made for destruction of intimate samples and non-intimate samples where proceedings for certain offences have been instituted and the charge against the person is dismissed under section (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 76(1)(a)(ii)(II), S.I. No. 508 of 2015.<\/p>\n<p>E7<br \/>\nPower granted to judges hearing an application under section to consider statements made by persons in certain videorecordings if the person is available for cross-examination at the hearing of the application by Criminal Evidence Act 1992 (12\/1992), s. 15(2), as substituted (9.08.2013) by Criminal Law (Human Trafficking) (Amendment) Act 2013 (24\/2013), s. 4(a)(ii), commenced on enactment.<\/p>\n<p>F16[<\/p>\n<h4>Taking of evidence by District Court.<\/h4>\n<p>4F.\u2014(1) At any time after the accused is sent forward for trial, the prosecutor or the accused may apply to the trial court for an order requiring a person to appear before a judge of the District Court so that the person\u2019s evidence may be taken either\u2014<\/p>\n<p>(a) by way of sworn deposition, or<\/p>\n<p>(b) in case the person\u2019s evidence is to be given through a live television link pursuant to Part III of the Criminal Evidence Act, 1992, or section 39 of the Criminal Justice Act, 1999, through such a link.<\/p>\n<p>whether or not the person\u2019s name appears in the list of witnesses served on the accused under section 4B or 4C.<\/p>\n<p>(2) If satisfied that it would be in the interests of justice to do so, the trial court may order a person who is the subject of an application under subsection (1) to attend before a judge of the District Court in the district court district\u2014<\/p>\n<p>(a) in which the offence was committed, or<\/p>\n<p>(b) in which the accused was arrested or resides,<\/p>\n<p>so that the judge may take the person\u2019s evidence accordingly.<\/p>\n<p>(3) The following rules shall apply to the taking of evidence under this section\u2014<\/p>\n<p>(a) when the evidence is being taken, both the accused and a judge of the District Court shall be present;<\/p>\n<p>(b) before it is taken, the judge shall inform the accused of the circumstances in which it may be admitted in evidence at the accused\u2019s trial;<\/p>\n<p>(c) the witness may be cross-examined and re-examined;<\/p>\n<p>(d) where the evidence is taken by way of sworn deposition, the deposition and any cross-examination and re-examination of the deponent shall be recorded, read to the deponent and signed by the deponent and the judge.<\/p>\n<p>(4) A judge of the District Court shall have the same powers for\u2014<\/p>\n<p>(a) enforcing compliance by a prospective witness with this section or with an order under this section, and<\/p>\n<p>(b) securing the attendance of the accused,<\/p>\n<p>as the District Court has in relation to witnesses in criminal proceedings.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F16<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C13<br \/>\nApplication of section restricted by Criminal Law (Jurisdiction) Act 1976 (14\/1976), s. 18, as substituted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 14, S.I. No. 193 of 2001.<\/p>\n<p>Restriction of section 4F of Criminal Procedure Act, 1967.<\/p>\n<p>18.\u2014Section 4F of the Criminal Procedure Act, 1967, shall not entitle a judge of the District Court to require the attendance of a person before that Court for the purpose of taking the person\u2019s evidence by way of a sworn deposition if it appears to the judge that\u2014<\/p>\n<p>(a) the person is outside the State, and<\/p>\n<p>(b) it is not reasonably practicable to secure his attendance before the Court.<\/p>\n<p>C14<br \/>\nApplication of section modified under certain conditions (1.05.2002) by Children Act 2001 (24\/2001), s. 255(1), S.I. No. 151 of 2002.<\/p>\n<p>Power to take deposition of child.<\/p>\n<p>255.\u2014(1) Without prejudice to section 4F of the Act of 1967, where a judge of the District Court is satisfied on the evidence of a registered medical practitioner that the attendance before a court of any child, in respect of whom an offence under this Part, or any offence mentioned in Schedule 1, is alleged to have been committed, would involve serious danger to the safety, health or wellbeing of the child, the judge may take the evidence either\u2014<\/p>\n<p>(a) by way of sworn deposition, or<\/p>\n<p>(b) in case the evidence is to be given through a live television link pursuant to Part III of the Criminal Evidence Act, 1992, or section 39 of the Criminal Justice Act, 1999, through such a link.<\/p>\n<p>(2) The rules mentioned in section 4F(3) of the Act of 1967 shall apply and have effect in relation to the taking of evidence under subsection (1).<\/p>\n<p>(3) A deposition taken under subsection (1) or a videorecording of evidence given by a child under paragraph (b) of that subsection shall be deemed to have been taken under section 4F of the said Act of 1967, and section 4G (admissibility of deposition or videorecording) shall apply and have effect accordingly.<\/p>\n<p>&#8230;<\/p>\n<p>F17[<\/p>\n<h4>Admissibility of deposition or videorecording.<\/h4>\n<p>4G.\u2014(1) A deposition taken under section 4F may be considered by the trial court on an application under section 4E(1).<\/p>\n<p>(2) Such a deposition may be admitted in evidence at the trial of the accused if it is proved that\u2014<\/p>\n<p>(a) the witness\u2014<\/p>\n<p>(i) is dead,<\/p>\n<p>(ii) is unable to attend to give evidence at the trial,<\/p>\n<p>(iii) is prevented from so attending, or<\/p>\n<p>(iv) does not give evidence at the trial through fear or intimidation,<\/p>\n<p>(b) the accused was present at the taking of the evidence, and<\/p>\n<p>(c) an opportunity was given to crossexamine and re-examine the witness;<\/p>\n<p>unless the court is of opinion that to do so would not be in the interests of justice.<\/p>\n<p>(3) Subject to section 16 (admissibility at trial of videorecording of evidence given by witness under 17) of the Criminal Evidence Act, 1992, a videorecording of evidence given through a live television link in proceedings under section 4F shall, if the accused was present at the taking of the evidence and an opportunity was given to cross-examine and re-examine the witness, be admissible at the trial of the offence with which the accused is charged as evidence of any fact stated therein of which direct oral evidence by the witness would be admissible, unless the court is of opinion that in the interests of justice the videorecording ought not to be so admitted.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C15<br \/>\nApplication of section extended (1.05.2002) by Children Act 2001 (24\/2001), s. 255(3), S.I. No. 151 of 2002.<\/p>\n<p>Power to take deposition of child.<\/p>\n<p>255.\u2014 &#8230;<\/p>\n<p>(3) A deposition taken under subsection (1) or a videorecording of evidence given by a child under paragraph (b) of that subsection shall be deemed to have been taken under section 4F of the said Act of 1967, and section 4G (admissibility of deposition or videorecording) shall apply and have effect accordingly.<\/p>\n<p>&#8230;<\/p>\n<p>F18[<\/p>\n<h4>Legal Aid.<\/h4>\n<p>4H.\u2014(1) The provision for legal aid made by section 2 of the Criminal Justice (Legal Aid) Act, 1962, shall extend to the accused in relation to all proceedings conducted under this Part before the District Court.<\/p>\n<p>(2) The provision for legal aid made by section 3 of the Criminal Justice (Legal Aid) Act, 1962, shall extend to the accused in relation to all proceedings conducted under this Part before the trial court, the Court of Criminal Appeal or an alternative court referred to in section 4Q.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F19[<\/p>\n<h4>Power to exclude public.<\/h4>\n<p>4I.\u2014(1) Subject to this section and any other enactment, a proceeding under this Part shall be conducted in open court.<\/p>\n<p>(2) Where a court conducting a proceeding under this Part is satisfied, because of the nature or circumstances of the case or otherwise in the interests of justice, that it is desirable to do so, it may exclude from the court during the proceeding\u2014<\/p>\n<p>(a) the public or any portion of the public, or<\/p>\n<p>(b) any particular person or persons,<\/p>\n<p>except bona fide representatives of the Press.<\/p>\n<p>F20[(3) Subsection (2) is without prejudice to the right of\u2014<\/p>\n<p>(a) a parent, relative or friend of the accused or of an injured party, or<\/p>\n<p>(b) a support worker chosen by an injured party,<\/p>\n<p>to remain in court in any case to which section 20(4) of the Criminal Justice Act 1951, section 6 of the Criminal Law (Rape) Act 1981, section 8 of the Criminal Justice (Female Genital Mutilation) Act 2012 or section 20 of the Criminal Justice (Victims of Crime) Act 2017 applies.]]<\/p>\n<p>F21[(4) In this section, \u2018support worker\u2019 means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of crime.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F20<br \/>\nSubstituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 28(a), S.I. No. 530 of 2017.<\/p>\n<p>F21<br \/>\nInserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 28(b), S.I. No. 530 of 2017.<\/p>\n<p>F22[<\/p>\n<h4>Proceedings not to be published or broadcast.<\/h4>\n<p>4J.\u2014(1) No person shall publish or broadcast or cause to be published or broadcast any information about a proceeding under this Part other than\u2014<\/p>\n<p>(a) a statement of\u2014<\/p>\n<p>(i) the fact that the proceeding has been brought by a named person in relation to a specified charge against a named person, and<\/p>\n<p>(ii) any decision resulting from the proceeding,<\/p>\n<p>and<\/p>\n<p>(b) in the case of an application under section 4E for the dismissal of a charge against the accused, any information that the judge hearing the application permits to be published or broadcast at the request of the accused.<\/p>\n<p>(2) If, on application by the prosecutor, it appears to a judge of the District Court that a person has contravened subsection (1), the judge may certify to that effect to the High Court.<\/p>\n<p>(3) On receiving a certificate under subsection (2), the High Court may\u2014<\/p>\n<p>(a) inquire into the matter to which the certificate relates, and<\/p>\n<p>(b) after hearing any witnesses and after considering any statement that may be offered in defence of the person alleged to have contravened subsection (1), punish, or take steps for the punishment of, that person in the like manner as if he had been guilty of contempt of the Court.<\/p>\n<p>(4) This section shall not affect\u2014<\/p>\n<p>(a) the operation of any other enactment that imposes further restrictions on the extent to which information relating to court proceedings may be published or broadcast, or<\/p>\n<p>(b) any power conferred on a court by such an enactment to make an order authorising the publication or broadcast of such information.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u2018broadcast\u2019 means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether or not such communications, sounds, signs, visual images or signals are actually received;<\/p>\n<p>\u2018publish\u2019 means publish to the public or a portion of the public.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F23[<\/p>\n<h4>Witness order.<\/h4>\n<p>4K.\u2014(1) The trial court may, in relation to the trial of the accused, make an order requiring a person whose statement of evidence was served on the accused or whose deposition was taken to\u2014<\/p>\n<p>(a) attend before the trial court and give evidence at the trial of the accused, and<\/p>\n<p>(b) produce to that court any document or thing specified in the order.<\/p>\n<p>(2) A person who without just excuse disobeys a witness order shall be guilty of contempt of the trial court.<\/p>\n<p>(3) If, on application by the prosecutor or the accused, the trial court is satisfied by evidence on oath that any person is unlikely to comply with a witness order, the court\u2014<\/p>\n<p>(a) may bind the person by recognisance to appear at the trial,<\/p>\n<p>(b) if the person refuses to be so bound, may, by warrant, commit him to custody until the trial or until he enters into a recognisance, and<\/p>\n<p>(c) shall have the same powers for enforcing the person\u2019s attendance before the trial court for the purposes of this subsection as that court has in relation to witnesses in criminal proceedings.<\/p>\n<p>(4) In this section, \u2018witness order\u2019 means an order made under subsection (1).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F23<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F24[<\/p>\n<h4>Witness summons.<\/h4>\n<p>4L.\u2014(1) On application by the prosecutor or the accused, a summons may be issued out of the trial court requiring the person to whom the summons is directed to\u2014<\/p>\n<p>(a) attend before the trial court and give evidence at the trial of the accused, and<\/p>\n<p>(b) produce to that court any document or thing specified in the summons,<\/p>\n<p>unless the court is satisfied that the person proposed to be summoned cannot give any material evidence or, as the case may be, produce any document or thing likely to be material evidence.<\/p>\n<p>(2) A person who without just excuse disobeys a witness summons shall be guilty of contempt of the court out of which the summons was issued.<\/p>\n<p>(3) This section is without prejudice to any other powers for enforcing the attendance of witnesses at the trial.<\/p>\n<p>(4) In this section, \u2018witness summons\u2019 means a summons issued under subsection (1).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F24<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F25[<\/p>\n<h4>Amendment of charges.<\/h4>\n<p>4M.\u2014Where the accused has been sent forward for trial in accordance with this Part, the indictment against the accused may include, either in substitution for or in addition to counts charging the offence for which he has been sent forward, any counts that\u2014<\/p>\n<p>(a) are founded on any of the documents served on the accused under section 4B or 4C, and<\/p>\n<p>(b) may lawfully be joined in the same indictment.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F25<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F26[<\/p>\n<h4>Joinder of unrelated charges.<\/h4>\n<p>4N.\u2014Where the accused has been sent forward for trial in accordance with this Part, the indictment against the accused may, with the consent of the accused and notwithstanding any other enactment, include counts that\u2014<\/p>\n<p>(a) charge an offence justiciable within the State, other than the offence for which the accused was sent forward, and<\/p>\n<p>(b) are not founded on the documents served on the accused under section 4B or 4C,<\/p>\n<p>and section 25 (3) of the Courts (Supplemental Provisions) Act, 1961, shall be construed accordingly.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F26<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F27[<\/p>\n<h4>Correction of defect in charge.<\/h4>\n<p>4O.\u2014Where the accused has been sent forward for trial in accordance with this Part, the trial court may correct any defect in a charge against the accused unless it considers that the correction would result in injustice.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F27<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F28[<\/p>\n<h4>Transfer of proceedings from Circuit Court to Central Criminal Court.<\/h4>\n<p>4P.\u2014Where, after being sent forward for trial in accordance with this Part to the Circuit Court for an indictable offence (the original offence), the accused is sent forward for trial to the Central Criminal Court for another indictable offence connected with or arising from the circumstances that gave rise to the original offence, the Circuit Court may, unless it considers it would not be in the interests of justice to do so, transfer the trial of the original offence to the Central Criminal Court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F28<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F29[<\/p>\n<h4>Jurisdiction of Circuit Court to remand accused to alternative circuit and hear applications.<\/h4>\n<p>4Q.\u2014(1) Notwithstanding any other enactment, where the accused has been sent forward for trial in accordance with this Part to the Circuit Court, it may remand the accused in custody to appear at a sitting of the Circuit Court (\u2018alternative court\u2019) in the circuit of the Circuit Court in which is situated the prison or place of detention where the accused is to be held in custody.<\/p>\n<p>(2) If the accused is remanded under this section to a sitting of an alternative court\u2014<\/p>\n<p>(a) the alternative court may, from time to time as occasion requires, further remand the accused, in custody or on bail, to that court or another alternative court,<\/p>\n<p>(b) a reference in section F30[\u2026] 4E or 4P to the trial court shall be read as a reference to the alternative court to which the accused is remanded, and<\/p>\n<p>(c) the alternative court shall have the same power to correct any defect in the charge against the accused as the trial court has under section 4O.<\/p>\n<p>(3) An alternative court shall, for the purposes of the trial of the offence, remand the accused to a sitting of the Circuit Court in the circuit of the Circuit Court\u2014<\/p>\n<p>(a) in which the offence was committed, or<\/p>\n<p>(b) in which the accused was arrested or resides.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F29<br \/>\nInserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 9, S.I. No. 193 of 2001.<\/p>\n<p>F30<br \/>\nDeleted (28.02.2022) by Criminal Procedure Act 2021 (7\/2021), s. 15, S.I. No. 79 of 2022.<\/p>\n<p>PART II<\/p>\n<p>F31[Guilty Pleas and Other Matters]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nSubstituted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(1), S.I. No. 193 of 2001.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C16<br \/>\nPart subject to transitional provisions (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 23, S.I. No. 193 of 2001.<\/p>\n<p>Transitional provision.<\/p>\n<p>23.\u2014If, before the commencement of this Part, any steps have been taken under Part II of the Act of 1967 in relation to the prosecution of an accused person, the applicable provisions of the enactments amended or repealed by this Part shall continue to apply to all matters connected with or arising out of the prosecution of the accused, as if those enactments had not been so amended or repealed.<\/p>\n<p>C17<br \/>\nApplication of Part II extended (12.07.1986) by Courts (No.2) Act 1986 (26\/1986), s. 8 (1), commenced on enactment.<\/p>\n<p>Amendment of Criminal Procedure Act, 1967.<\/p>\n<p>8.\u2014(1) Where under Part II of the Criminal Procedure Act, 1967, a preliminary examination of an indictable offence is being conducted by a particular justice of the District Court and, owing to the illness of that justice or for any other reason, is continued by another justice, a deposition or statement taken or signed by the former may for the purposes of that Act be treated by the latter as if it had been taken or signed by him.<\/p>\n<p>&#8230;<\/p>\n<p>C18<br \/>\nReferences in Part II of the Act construed under certain conditions (4.07.1978) by Fisheries (Amendment) Act 1978 (18\/1978), s. 18(2)(b), commenced on enactment. References similarly construed (19.06.1996) by Dumping at Sea Act 1996 (14\/1996), ss. 11(2) and 12(2), commenced on enactment.<\/p>\n<p>Prosecution of offences by Minister and Attorney General.<\/p>\n<p>18.\u2014 &#8230;<\/p>\n<p>(b) References in Part II of the Criminal Procedure Act, 1967, section 62 of the Courts of Justice Act, 1936, and section 6 of the Courts Act, 1964, to the Director of Public Prosecutions shall, in so far as that Part and those sections apply in relation to the offences referred to in paragraph (a) of this subsection or to any functions referred to in that paragraph, be construed as references to the Attorney General.<\/p>\n<p>&#8230;<\/p>\n<p>Procedure.<\/p>\n<p>5.\u2014F32[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F32<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(2), S.I. No. 193 of 2001.<\/p>\n<p>Documents to be served on accused.<\/p>\n<p>6.\u2014F33[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F33<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(2), S.I. No. 193 of 2001.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E8<br \/>\nPrevious affecting provision: subs. (1)(d), (e), (f) and (g) substituted (7.10.1992) by Criminal Evidence Act 1992 (12\/1992), s. 10(a), commenced as per s. 1(2); repealed as per F-note above.<\/p>\n<p>E9<br \/>\nSection was repealed two months before the purported insertion in subs. (1)(e) (19.12.2001) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50\/2001), s. 52(6)(c), commenced on enactment; see F-note above.<\/p>\n<p>Preliminary examination.<\/p>\n<p>7.\u2014F34[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F34<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(2), S.I. No. 193 of 2001.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E10<br \/>\nPrevious affecting provision: application of subs. (2) restricted (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14\/1976), s. 18, S.I. No. 112 of 1976; section repealed as per F-note above.<\/p>\n<p>E11<br \/>\nPrevious affecting provision: subs. (4) repealed (1.03.1985) by Criminal Justice Act 1984 (22\/1984), s. 23(3)(b), S.I. No. 17 of 1985.<\/p>\n<p>E12<br \/>\nPrevious affecting provision: application of subss. (1) and (2) modified (3.5.1993) by Criminal Justice Act 1993 (6\/1993), s. 11(a), commenced as per s. 14; section repealed as per F-note above.<\/p>\n<p>Decision on preliminary examination.<\/p>\n<p>8.\u2014F35[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F35<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(2), S.I. No. 193 of 2001.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E13<br \/>\nPrevious affecting provision: subs. (2) amended (1.03.1985) by Criminal Justice Act 1984 (22\/1984), s. 23(3)(b), S.I. No. 17 of 1985.<\/p>\n<p>Witness order.<\/p>\n<p>9.\u2014F36[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F36<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(2), S.I. No. 193 of 2001.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E14<br \/>\nPrevious affecting provision: application of section modified (3.5.1993) by Criminal Justice Act 1993 (6\/1993), s. 11(b), commenced as per s. 14; section repealed as per F-note above.<\/p>\n<p>Witness summons.<\/p>\n<p>10.\u2014F37[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F37<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(2), S.I. No. 193 of 2001.<\/p>\n<p>Additional documents.<\/p>\n<p>11.\u2014F38[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F38<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(2), S.I. No. 193 of 2001.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E15<br \/>\nPrevious affecting provision: section substituted (7.10.1992) by Criminal Evidence Act 1992 (12\/1992), s. 10(b), commenced as per s. 1(2).<\/p>\n<p>E16<br \/>\nSection was repealed two months before the purported insertion in subs. (1)(e) (19.12.2001) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50\/2001), s. 52(6)(c), commenced on enactment; see F-note above.<\/p>\n<p>Waiver by accused of preliminary examination.<\/p>\n<p>12.\u2014(1) F39[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F39<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(2), S.I. No. 193 of 2001.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E17<br \/>\nPrevious affecting provision: application of section modified (31.07.1973) by Criminal Procedure (Amendment) Act 1973 (16\/1973), s. 2(a), commenced on enactment.<\/p>\n<h4>Procedure where accused pleads guilty in District Court to indictable offence.<\/h4>\n<p>[1951, ss. 3, 4].<\/p>\n<p>13.\u2014(1) This section applies to all indictable offences except the following\u2014an offence under the Treason Act, 1939, murder, attempt to murder, conspiracy to murder, piracy, F40[an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006] F41[, an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000,] F42[the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence,] F43[or the offence of killing or attempted killing under paragraph (h) or (j) of section 2(1) of the Maritime Security Act 2004] F44[or the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence ] F45[or an offence under section 71, F46[71A,] 72 or 73 of the Criminal Justice Act 2006] or a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962, including an offence by an accessory before or after the fact.<\/p>\n<p>F47[(2) If at any time the District Court ascertains that a person charged with an offence to which this section applies wishes to plead guilty and the court is satisfied that he understands the nature of the offence and the facts alleged, the Court\u2014<\/p>\n<p>(a) may, with the consent of the prosecutor, deal with the offence summarily, in which case the accused shall be liable to the penalties provided for in subsection (3), or<\/p>\n<p>(b) if the accused signs a plea of guilty, may, subject to subsection (2A), send him forward for sentence with that plea to that court to which, but for that plea, he would have been sent forward for trial.<\/p>\n<p>(2A) The accused shall not be sent forward for sentence under this section without the consent of the prosecutor.]<\/p>\n<p>(3) (a) On conviction by the District Court for an offence dealt with summarily under subsection (2) (a), the accused shall be liable to a F48[class A fine within the meaning of Part 2 of the Fines Act 2010] or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment.<\/p>\n<p>(b) F49[\u2026]<\/p>\n<p>(4) (a) Where a person is sent forward for sentence under this section he may withdraw his written plea and plead not guilty to the charge.<\/p>\n<p>F50[(b) In that event\u2014<\/p>\n<p>(i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the accused had been sent forward for trial to that court on that charge in accordance with Part IA,<\/p>\n<p>(ii) the prosecutor shall cause to be served on the accused any documents that under section 4B or 4C are required to be served and have not already been served, and<\/p>\n<p>(iii) the period referred to in section 4B(1) shall run from the date on which the not guilty plea is entered.]<\/p>\n<p>(5) This section shall not affect the jurisdiction of the Court under section 2 of the Criminal Justice Act, 1951.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F40<br \/>\nSubstituted (31.10.2006) by International Criminal Court Act 2006 (30\/2006), s. 66, sch. 3 para. (5)(a), commenced on enactment.<\/p>\n<p>F41<br \/>\nInserted (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11\/2000), s. 8(a), commenced on enactment.<\/p>\n<p>F42<br \/>\nInserted (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16\/2000), s. 7(a), commenced on enactment.<\/p>\n<p>F43<br \/>\nInserted (19.07.2004) by Maritime Security Act 2004 (29\/2004), s. 10(a), commenced on enactment.<\/p>\n<p>F44<br \/>\nInserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2\/2005), s. 59(a), commenced on enactment.<\/p>\n<p>F45<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 78(a), S.I. No. 390 of 2006.<\/p>\n<p>F46<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 17(a), commenced on enactment.<\/p>\n<p>F47<br \/>\nSubstituted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(3), S.I. No. 193 of 2001.<\/p>\n<p>F48<br \/>\nSubstituted (4.01.2011) by Fines Act 2010 (8\/2010), s. 10, S.I. No. 662 of 2010.<\/p>\n<p>F49<br \/>\nRepealed (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19\/1988), s. 12(3), commenced as per s. 21(2).<\/p>\n<p>F50<br \/>\nSubstituted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(4), S.I. No. 193 of 2001.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C19<br \/>\nApplication of section extended (7.10.2019) by Legal Services Regulation Act 2015 (65\/2015), s. 80(10), S.I. No. 502 of 2019.<\/p>\n<p>Powers of Disciplinary Tribunal as to taking of evidence, etc.<\/p>\n<p>80. (1) &#8230;<\/p>\n<p>(10) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalties provided for by subsection (9), and the reference in subsection (2) (a) of that section to the penalties provided for in subsection (3) of that section shall be construed accordingly.<\/p>\n<p>C20<br \/>\nApplication of section extended (31.12.2016) by Customs Act 2015 (18\/2015), s. 14(3), S.I. No. 611 of 2016.<\/p>\n<p>Offences relating to improper importation or exportation of goods<\/p>\n<p>14. (1) &#8230;<\/p>\n<p>(3) Section 13 of the Criminal Procedure Act 1967 applies in relation to an offence under this section as if, in place of the penalties specified in subsection (3) of the said section 13, there were specified in that subsection the penalties provided for by subsection (2)(a), and the reference in section 13(2)(a) of the Criminal Procedure Act 1967 to the penalties provided for in subsection (3) of that section shall be construed and apply accordingly.<\/p>\n<p>C21<br \/>\nThis section is applied with modifications made by the provisions set out below. The following sample is typical of the wording used, but there are many variations:<\/p>\n<p>Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which paragraph (a) of this subsection relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in the said paragraph (a) and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.<\/p>\n<p>\u2022 Finance Act 1992 (9\/1992), s. 139(7), as inserted (18.12.2013) by Finance (No. 2) Act 2013 (41\/2013), s. 56(b), commenced on enactment.<\/p>\n<p>\u2022 Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9\/2005), s. 6(2) and (3), not commenced as of date of revision.<\/p>\n<p>\u2022 Finance Act 2005 (5\/2005), s. 78A(5) as inserted (27.03.2013) by Finance Act 2013 (8\/2013), s. 56(c), commenced on enactment.<\/p>\n<p>\u2022 (8.05.2012) by European Union (Textile Fibre Names and Related Labelling and Marking of the Fibre Composition of Textile Products) Regulations 2012 (S.I. No. 142 of 2012), reg. 11(4), commenced as per reg. 1(2).<\/p>\n<p>\u2022 (1.01.2012) by Dog Breeding Establishments Act 2010 (29\/2010), s. 6(3), S.I. No. 699 of 2011.<\/p>\n<p>\u2022 Taxes Consolidation Act 1997 (39\/1997), s. 851A(10), as inserted (6.02.2011) by Finance Act 2011 (6\/2011), s. 77, commenced on enactment.<\/p>\n<p>\u2022 (27.09.2010) by European Communities (Names and Labelling of Textile Products) Regulations 2010 (S.I. No. 485 of 2010).<\/p>\n<p>\u2022 (3.04.2010) by Finance Act 2010 (5\/2010), s. 95(2), commenced on enactment.<\/p>\n<p>\u2022 Customs Act 1956 (7\/1956), s. 3(4) as inserted (3.04.2010) by Finance Act 2010 (5\/2010), s. 96, commenced on enactment.<\/p>\n<p>\u2022 Finance Act 2005 (5\/2005), s. 78(5A) as inserted (3.04.2010) by Finance Act 2010 (5\/2010), s. 101(b), commenced on enactment.<\/p>\n<p>\u2022 Finance Act 2003 (3\/2003), s. 79(8A) as inserted (3.04.2010) by Finance Act 2010 (5\/2010, s. 100(d), commenced on enactment.<\/p>\n<p>\u2022 Finance Act 2001 (7\/2001), s. 119(4) as inserted (3.04.2010) by Finance Act 2010 (5\/2010), s. 99(b), commenced on enactment.<\/p>\n<p>\u2022 Finance Act 1999 (2\/1999), s. 102(8) as substituted (3.04.2010) by Finance Act 2010 (5\/2010), s. 98(b), commenced on enactment.<\/p>\n<p>\u2022 (11.04.2009) by European Communities (Pre-packed Products) Regulations 2008, reg. 10(3), S.I. No. 566 of 2008.<\/p>\n<p>\u2022 (21.11.2008) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29\/2006), s. 17(2), S.I. No. 120 of 2008.<\/p>\n<p>\u2022 (20.09.2004) by Civil Liability and Courts Act 2004 (31\/2004), s. 29(4), S.I. No. 544 of 2004.<\/p>\n<p>\u2022 (29.3.2004) by Public Health (Tobacco) Act 2002 (6\/2002), s. 5(4), S.I. No. 110 of 2004.<\/p>\n<p>\u2022 by Prevention of Corruption (Amendment) Act 2001 (27\/2001), s. 8A(9), as inserted (15.12.2010) by Prevention of Corruption (Amendment) Act 2010 (33\/2010), s. 4, commenced on enactment.<\/p>\n<p>\u2022 (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24\/1998), s. 7(4), S.I. No. 327 of 1998.<\/p>\n<p>\u2022 (Various dates) by Taxes Consolidation Act 1997 (39\/1997), s. 1078(4), commencement date subject to s. 1097.<\/p>\n<p>\u2022 (Various dates) by Taxes Consolidation Act 1997 (39\/1997), s. 1079(8), commencement date subject to s. 1097.<\/p>\n<p>\u2022 (19.06.1996) by Dumping at Sea Act 1996 (14\/1996), s. 10(3), commenced on enactment.<\/p>\n<p>\u2022 (Various dates) by Finance Act 1995 (8\/1995), s. 172(6), commencement date subject to s. 172(11).<\/p>\n<p>\u2022 Solicitors (Amendment) Act 1960 (37\/1960), s. 15(4)(b) as substituted (12.05.1995) by Solicitors (Amendment) Act 1994 (27\/1994), s. 25, S.I. No. 124 of 1995.<\/p>\n<p>\u2022 (1.06.1992) by Building Control Act 1990 (3\/1990), s. 17(3), S.I. No. 304 of 1991.<\/p>\n<p>\u2022 (19.04.1989) by Data Protection Act 1988 (25\/1988), s. 31(4), S.I. No. 349 of 1988.<\/p>\n<p>\u2022 (22.03.1989) by International Carriage of Perishable Foodstuffs Act 1987 (20\/1987), s. 11(3), S.I. No. 51 of 1989.<\/p>\n<p>\u2022 (1.01.1989) by Bankruptcy Act 1988 (27\/1988), s. 132(2), S.I. No. 348 of 1988.<\/p>\n<p>\u2022 (22.06.1988) by Air Navigation and Transport Act 1988 (15\/1988), ss. 28(4) and 29(3), commenced on enactment.<\/p>\n<p>\u2022 Road Traffic Act 1961 (24\/1961), s. 101D(7)(c) as inserted (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34\/1987), s. 9, commenced as per s.15(5).<\/p>\n<p>\u2022 (1.09.1987) by Air Pollution Act 1987 (6\/1987), s. 12(2), S.I. No. 201 of 1987.<\/p>\n<p>\u2022 (12.11.1986) by Dublin Transport Authority Act 1986 (15\/1986), s. 53(3), S.I. No. 357 of 1986.<\/p>\n<p>\u2022 (11.03.1986) by Canals Act 1986 (3\/1986), s. 7(4), commenced on enactment.<\/p>\n<p>\u2022 (13.12.1983) by Control of Exports Act 1983 (35\/1983), s. 3(7), commenced on enactment.<\/p>\n<p>\u2022 (13.10.1983) by Companies (Amendment) Act 1983 (13\/1983), s. 57(5), S.I. No. 288 of 1983.<\/p>\n<p>\u2022 (13.07.1983) by Postal and Telecommunications Services Act 1983 (24\/1983), s. 4(3), commenced on enactment.<\/p>\n<p>\u2022 (8.06.1983) by Finance Act 1983 (15\/1983), s. 94(4), commenced on enactment.<\/p>\n<p>\u2022 (12.04.1983) by Transport (Tour operators and Travel Agents) Act 1982 (3\/1982), s. 20(5), S.I. No. 99 of 1983.<\/p>\n<p>\u2022 (25.01.1983) by Merchant Shipping Act 1981 (33\/1981), s. 4(5), S.I. No. 15 of 1983.<\/p>\n<p>\u2022 (28.07.1982) by Local Government (Planning and Development) Act 1982 (21\/1982), s. 9(2), commenced on enactment.<\/p>\n<p>\u2022 (1.01.1982) by Fire Services Act 1981 (30\/1981), s. 5(4), S.I. No. 430 of 1981.<\/p>\n<p>\u2022 (1.09.1981) by Merchant Shipping (Certification of Seamen) Act 1979 (37\/1979), s. 5(3), S.I. No. 11 of 1981.<\/p>\n<p>\u2022 (10.08.1981) by Dumping at Sea Act 1981 (8\/1981), s. 8(3), S.I. No. 268 of 1981.<\/p>\n<p>\u2022 (6.06.1981) by Criminal Law (Rape) Act 1981 (10\/1981), s. 12(2), commenced as per s. 13(2).<\/p>\n<p>\u2022 (1.04.1981) by Packaged Goods (Quantity Control) Act 1980 (11\/1980), s. 19(4), S.I. No. 41 of 1981.<\/p>\n<p>\u2022 (12.02.1981) by Casual Trading Act 1980 (43\/1980), s. 15(3), S.I. No. 43 of 1981.<\/p>\n<p>\u2022 (1.12.1980) by Pyramid Selling Act 1980 (27\/1980), s. 6(3), S.I. No. 340 of 1980.<\/p>\n<p>\u2022 (1.11.1980) by Health (Family Planning) Act 1979 (20\/1979), s. 14(4), S.I. No. 247 of 1980.<\/p>\n<p>\u2022 (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27\/1979), s.18(15)(c), S.I. No. 297 of 1980.<\/p>\n<p>\u2022 (9.07.1980) by Trading Stamps Act 1980 (23\/1980), s. 2(5), commenced on enactment.<\/p>\n<p>\u2022 Fisheries (Amendment) Act 1978 (18\/1978), s. 2(4) as substituted (18.03.1980) by Fisheries Act 1980 (1\/1980), s.75(b), commenced on enactment.<\/p>\n<p>\u2022 (19.12.1979) by Occasional Trading Act 1979 (35\/1979), s. 9(3), S.I. No. 404 of 1979.<\/p>\n<p>\u2022 Tribunals of Inquiry (Evidence) Act 1921, (11 &amp; 12 Geo. 5 c.7), s. 1(2A)(c) as inserted (27.02.1979) by Tribunals of Inquiry (Evidence) (Amendment) Act 1979 (3\/1979), s. 3, commenced on enactment.<\/p>\n<p>\u2022 (6.12.1978) by Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978 (27\/1978), s. 3(3), commenced on enactment.<\/p>\n<p>C22<br \/>\nApplication of subs. (2)(a) excluded and application of subs. (2)(b) confirmed by Misuse of Drugs Act 1977 (12\/1977), s. 27(3L) as substituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 33, S.I. No. 236 of 2007.<\/p>\n<p>Penalties.<\/p>\n<p>27.\u2014 &#8230;<\/p>\n<p>(3L) Paragraph (a) of section 13(2) of the Criminal Procedure Act 1967 shall not apply in relation to an offence under section 15A or 15B of this Act, but each of those offences shall be deemed for the purposes of paragraph (b) of section 13(2) of that Act to be an offence to which section 13 of that Act applies.<\/p>\n<p>&#8230;<\/p>\n<p>C23<br \/>\nApplication of section extended (1.05.2007) by Consumer Protection Act 2007 (19\/2007), s. 79(9), S.I. No. 178 of 2007.<\/p>\n<p>Fines and penalties.<\/p>\n<p>79.\u2014 &#8230;<\/p>\n<p>(9) Section 13 of the Criminal Procedure Act 1967 applies in relation to an offence under this Act except that the following range of fines and penalties are to be substituted for those provided in section 13(3)(a) of the Criminal Procedure Act 1967:<\/p>\n<p>(a) if it is a first conviction for an offence under this Act, the accused is liable to a fine not exceeding \u20ac3,000 or imprisonment for a term not exceeding 6 months or both;<\/p>\n<p>(b) if it is not a first conviction for an offence under this Act, the accused is liable to a fine not exceeding \u20ac5,000 or imprisonment for a term not exceeding 12 months or both.<\/p>\n<p>C24<br \/>\nApplication of subss. (1) to (3) excluded and subs. (4) extended (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8\/2006), s. 28(4), commenced on enactment.<\/p>\n<p>Penalties and forfeiture for certain indictable fishery offences.<\/p>\n<p>28.\u2014 &#8230;<\/p>\n<p>(4) Section 13(1) to (3) of the Act of 1967 does not apply in relation to an offence referred to in subsection (1). In subsection 13(4) (as amended by section 10 of the Act of 1999) of the Act of 1967 a reference to a person sent forward for trial under paragraph (a) of that section shall be read as including a reference to a person sent forward for trial under subsection (3)(b) of this section.<\/p>\n<p>&#8230;<\/p>\n<p>C25<br \/>\nApplication of section extended (1.10.2001) by Finance Act 1999 (2\/1999), s. 102(8), S.I. No. 412 of 2001 (the Chapter deals with Mineral Oil Tax.)<\/p>\n<p>Offences.<\/p>\n<p>102.\u2014 &#8230;<\/p>\n<p>(8) Section 13 (as amended by section 17 of the Criminal Justice Act, 1984) of the Criminal Procedure Act, 1967, shall apply in relation to an offence under this section.<\/p>\n<p>&#8230;<\/p>\n<p>C26<br \/>\nApplication of subs. (2) extended by Criminal Procedure (Amendment) Act 1973 (16\/1973), s. 2 as substituted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 13, S.I. No. 193 of 2001.<\/p>\n<p>[Correction of defect in charge after accused is sent forward for sentence.<\/p>\n<p>2.\u2014Where under section 13(2) of the Criminal Procedure Act, 1967, an accused person is sent forward for sentence on any charge with a plea of guilty\u2014<\/p>\n<p>(a) any defect in the charge may be corrected by the court to which the accused has been sent forward, and<\/p>\n<p>(b) the plea of guilty shall be treated as a plea of guilty to the charge so corrected,<\/p>\n<p>unless such correction would, in the opinion of the court, result in injustice.]<\/p>\n<p>C27<br \/>\nApplication of subs. (2)(a) excluded and subs. (2)(b) confirmed by Misuse of Drugs Act 1977 (12\/1977), s. 27(3I) as inserted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 5, S.I. No. 193 of 2001. Note that this provision has been effectively superseded by subs. (3L), see C-note above.<\/p>\n<p>Penalties.<\/p>\n<p>27.\u2014 &#8230;<\/p>\n<p>(3I) Paragraph (a) of section 13(2) of the Criminal Procedure Act, 1967, shall not apply in relation to an offence under section 15A of this Act, but that offence shall be deemed for the purposes of paragraph (b) of section 13(2) of that Act to be an offence to which section 13 of that Act applies.<\/p>\n<p>C28<br \/>\nApplication of subs. (1) construed to clarify provision (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 7(6), commenced as per s. 1.<\/p>\n<p>Penalties for assisting offenders.<\/p>\n<p>7.\u2014 &#8230;<\/p>\n<p>(6) The references in the following provisions, namely subsection (1) of section 13 (which relates to a plea of guilty in the District Court of an indictable offence) and subsection (1) (f) of section 29 (which relates to bail in the case of certain offences) of the Criminal Procedure Act, 1967, to an accessory before or after the fact shall be construed as references to aiding, abetting, counselling or procuring the commission of an offence, and to an offence under subsection (2).<\/p>\n<p>&#8230;<\/p>\n<p>C29<br \/>\nApplication of subs. (2) construed (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 10(5), commenced as per s. 1.<\/p>\n<p>Powers of dealing with offenders.<\/p>\n<p>10.\u2014 &#8230;<\/p>\n<p>(5) A person sent forward to a court for sentence under section 13 (2) of the Criminal Procedure Act, 1967 with a plea of guilty of an offence may be dealt with in all respects as if he or she had been convicted on indictment of the offence by that court.<\/p>\n<p>C30<br \/>\nApplication of subs. (2)(a) excluded and application of subs. (2)(b) confirmed (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 20, commenced as per s. 22(3).<\/p>\n<p>Amendment of Criminal Procedure Act, 1967.<\/p>\n<p>20.\u2014(a) Paragraph (a) of subsection (2) of section 13 of the Criminal Procedure Act, 1967, shall not apply in relation to rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act, 1990) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act, 1990).<\/p>\n<p>(b) Notwithstanding paragraph (a), the offences referred to therein shall be deemed, for the purposes of paragraph (b) of the said subsection (2), to be offences to which the said section 13 applies.<\/p>\n<p>C31<br \/>\nApplication of section extended (25.05.1988) by Finance Act 1988 (12\/1988), s. 57(4), commenced on enactment.<\/p>\n<p>Removal of substances mixed with goods liable to excise duty.<\/p>\n<p>57.\u2014 &#8230;<\/p>\n<p>(4) Section 13 of the Criminal Procedure Act, 1967, as amended by section 17 of the Criminal Justice Act, 1984, shall apply in relation to an offence under subsection (2) as if the references in subsection (3) (a) of the said section 13 to a fine were references to an excise penalty.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E18<br \/>\nPrevious affecting provision: subs. (3)(a) amended (1.03.1985) by Criminal Justice Act 1984 (22\/1984), s. 17, S.I. No. 17 of 1985; substituted as per F-note above.<\/p>\n<p>E19<br \/>\nPrevious affecting provision: term \u201cgenocide\u201d inserted (18.12.1973) by Genocide Act 1973 (28\/1973), s. 6, commenced on enactment, substituted as per F-note above.<\/p>\n<p>E20<br \/>\nPrevious affecting provision: application of section extended (18.12.1973) by Genocide Act 1973 (28\/1973), s. 6, commenced on enactment.<\/p>\n<p>E21<br \/>\nPrevious related provision: section applied with modifications by Health (Mental Services) Act 1981 (17\/1981), s. 8(3), not commenced before repeal (1.11.2006) by Mental Health Act 2001 (25\/2001), s. 6 and sch., S.I. No. 411 of 2006.<\/p>\n<p>Further power to take depositions.<\/p>\n<p>14.\u2014(1) F51[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F51<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(5), S.I. No. 193 of 2001.<\/p>\n<p>Deposition as evidence.<\/p>\n<p>[1951, s. 9].<\/p>\n<p>15.\u2014(1) F52[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F52<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(5), S.I. No. 193 of 2001.<\/p>\n<p>Power to exclude public.<\/p>\n<p>[1951, s. 20(1) (a)].<\/p>\n<p>16.\u2014(1) F53[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F53<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(5), S.I. No. 193 of 2001.<\/p>\n<p>Prohibition of publication of proceedings.<\/p>\n<p>[cf. 1951, s. 20].<\/p>\n<p>17.\u2014(1) F54[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F54<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(5), S.I. No. 193 of 2001.<\/p>\n<p>Inclusion of further counts in indictment.<\/p>\n<p>18.\u2014F55[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F55<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 10(5), S.I. No. 193 of 2001.<\/p>\n<p>&nbsp;<\/p>\n<p>PART III<\/p>\n<p>Remand<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C32<br \/>\nPart applied with modifications (5.02.2021) by Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 (21\/2020), s. 11(6), S.I. No. 15 of 2021.<\/p>\n<p>Power of court to make supervision decision<\/p>\n<p>11. &#8230;<\/p>\n<p>(6) (a) Subject to subsection (3), where bail is granted under subsection (2) by the District Court, Part III of the Act of 1967 shall, with all necessary modifications, apply to such bail as that Part applies to bail granted under section 22 of that Act.<\/p>\n<p>(b) An appeal may be made under section 28(3)(a) of the Act of 1967 against\u2014<\/p>\n<p>(i) a refusal by the District Court to make a supervision decision under subsection (2), or<\/p>\n<p>(ii) the supervision measures specified in a supervision decision made under subsection (2).<\/p>\n<h4>Power to remand.<\/h4>\n<p>21.\u2014Where an accused person is before the District Court in connection with an offence the Court may, subject to the provisions of this Part, remand the accused from time to time as occasion requires.<\/p>\n<h4>Remand in custody or on bail by the District Court.<\/h4>\n<p>22.\u2014(1) Where the District Court remands a person or sends him forward for trial or sentence, the Court may\u2014<\/p>\n<p>(a) commit him to prison or other lawful custody, or<\/p>\n<p>(b) release him conditionally on his entering into a recognisance, with or without sureties.<\/p>\n<p>In this Part, references to \u201ccustody\u201d are to a committal under paragraph (a) and references to \u201cbail\u201d are to a conditional release under paragraph (b).<\/p>\n<p>F57[(1A) The Court may admit a person to bail without imposing a condition in the recognisance as to payment of moneys into court by the person if it considers it appropriate to do so, having regard to the circumstances of the case, including the means of the person and the nature of the offence in relation to which the person is in custody.]<\/p>\n<p>F58[(1B) A recognisance to which subsection (1) applies may be taken by\u2014<\/p>\n<p>(a) any judge of the District Court, or<\/p>\n<p>(b) any District Court clerk.]<\/p>\n<p>F59[(2) The Court may, instead of taking a recognisance from a person in accordance with subsection (1)\u2014<\/p>\n<p>(a) determine the conditions to be contained in the recognisance, including the amount of any moneys to be paid into court under it, with a view to its being subsequently taken, and<\/p>\n<p>(b) in the meantime commit the person concerned to custody in accordance with paragraph (a) of that subsection. ]<\/p>\n<p>F60[(3) A recognisance to which subsection (2) applies may be taken by\u2014<\/p>\n<p>(a) any judge of the District Court,<\/p>\n<p>(b) any District Court clerk,<\/p>\n<p>(c) a peace commissioner designated for that purpose by order of the Minister for Justice, Equality and Law Reform,<\/p>\n<p>(d) the governor of a prison, or<\/p>\n<p>(e) a prison officer designated for that purpose by the governor of a prison.]<\/p>\n<p>(4) Where a person is brought before the Court after remand under subsection (1) the Court may further remand him.<\/p>\n<p>F61[(5) In this section \u2018prison\u2019 has the same meaning as it has in the Prisons Act 2007.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F57<br \/>\nInserted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 18(a), S.I. No. 236 of 2007.<\/p>\n<p>F58<br \/>\nInserted (4.12.2009) by Courts and Court Officers Act 2009 (36\/2009), s. 25, S.I. No. 477 of 2009.<\/p>\n<p>F59<br \/>\nSubstituted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 18(b), S.I. No. 236 of 2007.<\/p>\n<p>F60<br \/>\nSubstituted (25.10.2007) by Criminal Procedure (Amendment) Act 2007 (36\/2007), s. 1(a), commenced on enactment.<\/p>\n<p>F61<br \/>\nInserted (25.10.2007) by Criminal Procedure (Amendment) Act 2007 (36\/2007), s. 1(b), commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E22<br \/>\nPrevious affecting provision: words inserted into subs. (3) (1.05.2007) by Prisons Act 2007 (10\/2007), s. 41(2), S.I. No. 10 of 2007;substituted as per F-note above.<\/p>\n<p>E23<br \/>\nPrevious affecting provision: subs. (3) substituted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 18(b), S.I. No. 236 of 2007; substituted as per F-note above.<\/p>\n<h4>Form of recognisance.<\/h4>\n<p>23.\u2014(1) Where a person is remanded on bail under section 22 the recognisance shall be conditioned for his appearance before the Court at the end of the period of remand and at every place and time to which during the course of the proceedings the hearing may be adjourned.<\/p>\n<p>(2) The fixing at any time of the time for the next appearance shall be deemed to be a remand.<\/p>\n<p>(3) Nothing in subsection (1) or (2) shall deprive the Court of power at any subsequent hearing to remand him afresh.<\/p>\n<h4>Period of remand.<\/h4>\n<p>F62[24.\u2014 (1) The Court shall not remand a person, on the occasion of that person\u2019s first appearance before the Court charged with a particular offence, for a period exceeding eight days, except where this section otherwise provides.<\/p>\n<p>(2) The Court may remand a person on bail for a period that is longer than eight days if the person and the prosecutor consent.<\/p>\n<p>(3) The Court may remand a person in custody (other than on the occasion of that person\u2019s first appearance before the Court charged with a particular offence) for a period not exceeding fifteen days, save that where the Court is of opinion that in all the circumstances it would be unreasonable to remand the person in custody for a period of fifteen days, the period of remand shall be such period of less than fifteen days as the Court considers appropriate.<\/p>\n<p>(4) The Court may remand a person in custody (other than on the occasion of that person\u2019s first appearance before the Court charged with a particular offence), for a period exceeding fifteen days but not exceeding thirty days, if the person and the prosecutor consent.<\/p>\n<p>(5) F63[(a) If the Court is satisfied that a person who has been remanded in custody is unable to be brought before the Court at the expiration of the period of remand\u2014<\/p>\n<p>(i) by reason of illness or accident, or<\/p>\n<p>(ii) for any other good and sufficient reason,<\/p>\n<p>the Court may, in that person\u2019s absence, remand the person for such further period, which may exceed fifteen days, as the Court considers reasonable. ]<\/p>\n<p>(b) If the Court is satisfied that a person who has been remanded on bail is unable by reason of illness or accident to appear before the Court at the expiration of the period of remand, the Court may, in that person\u2019s absence, remand that person for such further period, which may exceed eight days, as the Court considers reasonable.<\/p>\n<p>(6) (a) Where a person has been remanded in custody and there is no sitting of the Court on the day to which he has been remanded, that person shall stand so remanded to the sitting of the Court next held in the same District Court District.<\/p>\n<p>(b) Where a person has been remanded on bail and there is no sitting of the Court on the day to which he has been remanded, that person shall stand so remanded to the sitting of the Court next held in the same District Court Area.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F62<br \/>\nSubstituted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 4, commenced as per s. 21.<\/p>\n<p>F63<br \/>\nSubstituted (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), s. 37(c), S.I. No. 414 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E24<br \/>\nPrevious affecting provision: subs. (5) substituted (12.07.1986) by Courts (No.2) Act 1986 (26\/1986), s. 8(2), commenced on enactment; substituted as per F-note above.<\/p>\n<h4>Remand to custody of Garda S\u00edoch\u00e1na.<\/h4>\n<p>25.\u2014(1) The Court may, where it remands a person in custody for a period not exceeding four days, commit him to the custody of a member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(2) Outside the Dublin Metropolitan Police District the Court, before so remanding him, shall satisfy itself that suitable facilities are available for the custody of such person during the period of remand.<\/p>\n<h4>Acceptance of deposit in lieu of sureties.<\/h4>\n<p>26.\u2014Where a justice of the District Court F64[\u2026] decides to admit to bail a person charged with an offence, he may direct that a sum of money equivalent to the amount of bail be accepted in lieu of a surety or sureties.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F64<br \/>\nDeleted (15.05.2000) by Bail Act 1997 (16\/1997), s. 11(a), S.I. No. 118 of 2000.<\/p>\n<p>Sufficiency of bailsmen.<\/p>\n<p>27.\u2014F65[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F65<br \/>\nRepealed (15.05.2000) by Bail Act 1997 (16\/1997), s. 12, S.I. No. 118 of 2000.<\/p>\n<h4>Provisions as to admission to bail.<\/h4>\n<p>28.\u2014(1) A justice of the District Court F66[\u2026] shall admit to bail a person charged before him with an offence, other than an offence to which section 29 applies, if it appears to him to be a case in which bail ought to be allowed.<\/p>\n<p>(2) Refusal of bail at a particular appearance before the District Court shall not prevent a renewal of the application for bail at a subsequent appearance or while the accused is in custody awaiting trial.<\/p>\n<p>F67[(3) (a) An applicant for bail or the prosecutor may appeal to the High Court if dissatisfied with a refusal or grant of the application for bail or, where bail is granted, with any matter relating to the bail. ]<\/p>\n<p>(4) When a justice F68[\u2026] grants bail to an accused person who is in custody that person shall, on completion of the recognisance, be released if he is in custody for no other cause than the offence in respect of which bail is granted.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F66<br \/>\nDeleted (15.05.2000) by Bail Act 1997 (16\/1997), s.11(b)(i), S.I. No. 118 of 2000.<\/p>\n<p>F67<br \/>\nSubstituted (1.05.2009 para. (a) only) by Criminal Justice Act 2007 (29\/2007), s. 19, commenced as regards s. 28(3)(a) by Criminal Justice Act 2007 (Commencement) Order 2009 (S.I. No. 165 of 2009), but not commenced as regards subs. (3)(b)-(d) as of 7.05.2013.<\/p>\n<p>F68<br \/>\nDeleted (15.05.2000) by Bail Act 1997 (16\/1997), s. 11(b)(ii), S.I. No. 118 of 2000.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C33<br \/>\nSubs. (3)(b), (c) and (d) inserted by Criminal Justice Act 2007 (29\/2007), s. 19, not commenced as of 7.05.2013.<\/p>\n<p>F67[(3) (a) &#8230;<\/p>\n<p>(b) Where the applicant has been remanded in custody by the District Court and the offence with which the applicant is charged is triable by the Circuit Court, the High Court may transfer the appeal to the judge of the Circuit Court for the circuit in which the prison or place of detention to which the applicant has been remanded is situated.<\/p>\n<p>(c) The judge of the Circuit Court referred to in paragraph (b) shall exercise jurisdiction in respect of the appeal.<\/p>\n<p>(d) An appeal against a decision by the Circuit Court under this section lies to the High Court at the instance of the applicant or prosecutor.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nSubs. (3) was substituted by the Criminal Justice Act 2007 (29\/2007), s. 19. However, only subs.(3)(a) is commenced (see F-note above). This would appear to be sufficient to give effect to the substitution.<\/p>\n<h4>Bail in case of treason, murder and certain other offences.<\/h4>\n<p>29.\u2014(1) This section applies to each of the following offences\u2014<\/p>\n<p>(a) treason,<\/p>\n<p>(b) an offence under section 2 or 3 of the Treason Act, 1939,<\/p>\n<p>(c) an offence under section 6, 7 or 8 of the Offences Against the State Act, 1939,<\/p>\n<p>(d) a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962,<\/p>\n<p>(e) an offence under section 9 of the Official Secrets Act, 1963, or an offence under Part II of that Act committed in a manner prejudicial to the safety or preservation of the State,<\/p>\n<p>(f) murder, attempt to murder, conspiracy to murder or piracy, including an accessory before or after the fact.<\/p>\n<p>F69[(g) an offence under section 3, as amended, of the Geneva Conventions Act 1962 or an offence under section 7 or 8 of the International Criminal Court Act 2006.]<\/p>\n<p>F70[(h) an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000.]<\/p>\n<p>F71[(i) the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence.]<\/p>\n<p>F72[(j) the offence of killing or attempted killing under paragraph (h) or (j) of section 2(1) of the Maritime Security Act 2004.]<\/p>\n<p>F73[(k) the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence.]<\/p>\n<p>F74[(l) an offence under section 71, F75[71A,] 72 or 73 of the Criminal Justice Act 2006.]<\/p>\n<p>(2) A person charged with an offence to which this section applies shall not be admitted to bail except by order of the High Court.<\/p>\n<p>(3) If in the course of proceedings, including proceedings on appeal, in relation to the grant of bail to a person charged with an offence under paragraph (a), (b), (c) or (e) of subsection (1), application is made by the prosecutor, on the ground that the publication of any evidence or statement to be given or made during any part of the hearing would be prejudicial to the safety or preservation of the State, that that part of the proceedings should be in camera, the Court shall make an order to that effect, but the decision of the Court shall be announced in public.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F69<br \/>\nSubstituted (31.10.2006) by International Criminal Court Act 2006 (30\/2006), s. 66 and sch. para. 3(5)(b), commenced on enactment.<\/p>\n<p>F70<br \/>\nInserted (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11\/2000), s. 8(b), commenced on enactment.<\/p>\n<p>F71<br \/>\nInserted (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16\/2000), s. 7(b), commenced on enactment.<\/p>\n<p>F72<br \/>\nInserted (19.07.2004) by Maritime Security Act 2004 (29\/2004), s. 10(b), commenced on enactment.<\/p>\n<p>F73<br \/>\nInserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2\/2005), s. 59(b), commenced on enactment.<\/p>\n<p>F74<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 78(b), S.I. No. 390 of 2006.<\/p>\n<p>F75<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 17(b), commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E26<br \/>\nPrevious affecting provision: subs. (1)(g) inserted (18.12.1973) by Genocide Act 1973 (28\/1973), s. 7, commenced on enactment; substituted by F-note above.<\/p>\n<p>Endorsement on warrants as to release on bail.<\/p>\n<p>30.\u2014F76[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F76<br \/>\nRepealed (15.05.2000) by Bail Act 1997 (16\/1997), s. 12, S.I. No. 118 of 2000.<\/p>\n<h4>Release on bail in certain cases by members of Garda S\u00edoch\u00e1na.<\/h4>\n<p>[1951, s. 14].<\/p>\n<p>31.\u2014F77[(1) Whenever a person is brought in custody to a Garda S\u00edoch\u00e1na station by a member of the Garda S\u00edoch\u00e1na, the sergeant or other member in charge of the station may, if he considers it prudent to do so and no warrant directing the detention of that person is in force, release him on bail and for that purpose take from him a recognisance, with or without sureties, for his due appearance\u2014<\/p>\n<p>(a) before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or<\/p>\n<p>(b) in the case of the District Court in the Dublin Metropolitan District, before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting.]<\/p>\n<p>(2) The recognisance may be estreated in the like manner as a recognisance entered into before a justice is estreated.<\/p>\n<p>F78[(3) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.]<\/p>\n<p>F79[(3A) Any recognisance taken under this section, or any sum of money accepted under this section in lieu of a surety or sureties, shall be given, by the member of the Garda S\u00edoch\u00e1na taking the said recognisance or receiving the said sum of money, to the District Court clerk for the District Court Area in which the sitting of the Court to which the person has been remanded is situated.]<\/p>\n<p>(4) This section does not apply to a person arrested under section 251 of the Defence Act, 1954, on suspicion of being a deserter or an absentee without leave from the Defence Forces.<\/p>\n<p>F80[(5) The provisions of this section are without prejudice to the provisions of section 94 of the Children Act, 1908.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F77<br \/>\nSubstituted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 3(a), commenced as per s. 21.<\/p>\n<p>F78<br \/>\nSubstituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 20, S.I. No. 236 of 2007.<\/p>\n<p>F79<br \/>\nInserted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 3(c), commenced as per s. 21.<\/p>\n<p>F80<br \/>\nInserted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 3(d), commenced as per s. 21.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C34<br \/>\nApplication of section extended under certain conditions by Criminal Justice (Public Order) Act 1994 (2\/1994), s. 23B(2) as inserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 184, S.I. No. 390 of 2006.<\/p>\n<p>Fixed charge offences.<\/p>\n<p>23B.\u2014 &#8230;<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a person to whom this section applies is arrested and brought to a Garda S\u00edoch\u00e1na station, and<\/p>\n<p>(b) he or she is a person whom the member of the Garda S\u00edoch\u00e1na in charge of the station is authorised by section 31 of the Criminal Procedure Act 1967 to release on bail,<\/p>\n<p>the member may, instead of releasing the person on bail, release him or her unconditionally after serving on the person personally a notice in the prescribed form stating the matters specified in section 23A(5) or causing it to be so served.<\/p>\n<p>&#8230;<\/p>\n<p>C35<br \/>\nApplication of section to children excluded (1.05.2002) by Children Act 2001 (24\/2001), ss. 68 and 254(3), S.I. No. 151 of 2002.<\/p>\n<p>Release on bail by member of Garda S\u00edoch\u00e1na.<\/p>\n<p>68.\u2014 &#8230;<\/p>\n<p>(7) Section 31 (which deals with release on bail by members of the Garda S\u00edoch\u00e1na) of the Criminal Procedure Act, 1967, shall cease to have effect in relation to a child.<\/p>\n<p>&#8230;<\/p>\n<p>Powers of arrest without warrant, etc.<\/p>\n<p>254.\u2014 &#8230;<\/p>\n<p>(3) Section 68 (which empowers members of the Garda S\u00edoch\u00e1na to release a child on bail in certain cases) shall apply to a child arrested under this section and section 31 of the Act of 1967 shall apply to an adult so arrested.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E27<br \/>\nPrevious affecting provision: the second sentence of subs. (3) was deleted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 3(b), commenced as per s. 21; substituted as per F-note above.<\/p>\n<p>Proceedings to estreat recognisance.<\/p>\n<p>32.\u2014Where a person has failed to appear before a court in accordance with his recognisance, any proceedings to estreat the recognisance shall be taken in that court.<\/p>\n<p>Arrest of accused about to abscond.<\/p>\n<p>33.\u2014F81[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F81<br \/>\nRepealed (15.05.2000) by Bail Act 1997 (16\/1997), s. 12, S.I. No. 118 of 2000.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E28<br \/>\nPrevious affecting provision: words \u201cor a peace commissioner\u201d deleted (15.05.2000) by Bail Act 1997 (16\/1997), s. 11(c), S.I. No. 118 of 2000.<\/p>\n<h2>CRIMINAL PROCEDURE (AMENDMENT) ACT, 1973<\/h2>\n<p>AN ACT TO AMEND THE CRIMINAL PROCEDURE ACT, 1967 , AND TO PROVIDE FOR THE EXTENSION OF LEGAL AID TO ALL PROCEEDINGS FOR INDICTABLE OFFENCES. [31st July, 1973]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Appeal against sentence.<\/h4>\n<p>1.\u2014In the case of a person sent forward by the District Court for sentence under section 13 (2) of the Criminal Procedure Act, 1967 , whether before or after the passing of this Act, an appeal shall lie against the sentence as if he had been sentenced after conviction on indictment.<\/p>\n<h4>Amendment of charge where accused charged with indictable offence waives preliminary examination or is sent forward for sentence.<\/h4>\n<p>2.\u2014Where\u2014<\/p>\n<p>(a) under section 12 of the Criminal Procedure Act, 1967 , an accused person waives the preliminary examination provided for by Part II of that Act and is sent forward for trial on any charge with a plea of not guilty,<\/p>\n<p>or<\/p>\n<p>(b) under section 13 (2) of that Act, an accused person is sent forward for sentence on any charge with a plea of guilty,<\/p>\n<p>any defect in the charge may be corrected\u2014<\/p>\n<p>(i) in a case to which paragraph (a) applies\u2014in stating the charge in the indictment, and<\/p>\n<p>(ii) in a case to which paragraph (b) applies\u2014by the court to which he has been sent forward, and his plea of guilty shall be treated as a plea of guilty to the charge as so corrected,<\/p>\n<p>provided, in either case, that such correction would not, in the opinion of the court, result in injustice.<\/p>\n<h4>Extension of legal aid.<\/h4>\n<p>3.\u2014(1) The provision for legal aid made by section 2 of the Criminal Justice (Legal Aid) Act, 1962 , for a person charged before the District Court with an offence shall extend to all proceedings under Part II of the Criminal Procedure Act, 1967 .<\/p>\n<p>(2) The provision for legal aid made by sections 3 and 4 of the Criminal Justice (Legal Aid) Act, 1962 , shall, in relation to a person sent forward for sentence under section 13 (2) of the Criminal Procedure Act, 1967 , extend to the proceedings in the court to which he is sent forward and to any appeal against sentence as if he had been returned for trial and, for this purpose, the proceedings in the said court shall be deemed to be a trial on indictment.<\/p>\n<p>(3) Section 19 (3) of the Criminal Procedure Act, 1967 , is hereby repealed.<\/p>\n<p>Short title.<\/p>\n<p>4.\u2014This Act may be cited as the Criminal Procedure (Amendment) Act, 1973.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1749\" data-postid=\"1749\" class=\"themify_builder_content themify_builder_content-1749 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Sending Forward for Trial Prior to October 2001, offences tried on indictment were the subject of a preliminary examination in the District Court.\u00a0 1999 legislation abolished this longstanding procedure, which dates back centuries. Where an accused is brought before the District Court charged with an indictable offence, the Court shall send the accused forward for [&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\/1749"}],"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=1749"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1749\/revisions"}],"predecessor-version":[{"id":33618,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1749\/revisions\/33618"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1749"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1749"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1749"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}