{"id":27861,"date":"2023-09-30T21:05:06","date_gmt":"2023-09-30T21:05:06","guid":{"rendered":"https:\/\/legalblog.ie\/?p=27861"},"modified":"2024-03-23T12:09:17","modified_gmt":"2024-03-23T12:09:17","slug":"27861-2","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/27861-2\/","title":{"rendered":"Retrial Post-Conviction"},"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\/27861-2\/#2010_Act\" title=\"2010 Act\">2010 Act<\/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\/27861-2\/#Rule_Against_Double_Je0pardy\" title=\"Rule Against Double Je0pardy\">Rule Against Double Je0pardy<\/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\/27861-2\/#Offences_Against_Justice\" title=\"Offences Against Justice\">Offences Against Justice<\/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\/27861-2\/#Application_for_Re-Trial\" title=\"Application for Re-Trial\">Application for Re-Trial<\/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\/27861-2\/#Criteria_for_Re-Trial\" title=\"Criteria for Re-Trial\">Criteria for Re-Trial<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/27861-2\/#Investigation_Procedures\" title=\"Investigation Procedures\">Investigation Procedures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/27861-2\/#Appeal_With_Prejudice\" title=\"Appeal With Prejudice\">Appeal With Prejudice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/27861-2\/#Procedure_at_Trial\" title=\"Procedure at Trial\">Procedure at Trial<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/27861-2\/#Re-Trial\" title=\"Re-Trial\">Re-Trial<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/27861-2\/#Procedure_at_Retrial\" title=\"Procedure at Retrial\">Procedure at Retrial<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/27861-2\/2\/#CRIMINAL_PROCEDURE_ACT_2010\" title=\"CRIMINAL PROCEDURE ACT 2010\">CRIMINAL PROCEDURE ACT 2010<\/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-12\" href=\"https:\/\/legalblog.ie\/27861-2\/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-13\" href=\"https:\/\/legalblog.ie\/27861-2\/2\/#Exceptions_to_rule_against_double_jeopardy\" title=\"Exceptions to rule against double jeopardy\">Exceptions to rule against double jeopardy<\/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\/27861-2\/2\/#Interpretation_Part_3\" title=\"Interpretation (Part 3).\">Interpretation (Part 3).<\/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\/27861-2\/2\/#Application_by_Director_seeking_re-trial_order_where_new_and_compelling_evidence_becomes_available\" title=\"Application by Director seeking re-trial order where new and compelling evidence becomes available.\">Application by Director seeking re-trial order where new and compelling evidence becomes available.<\/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\/27861-2\/2\/#Application_by_Director_for_re-trial_order_where_previous_acquittal_tainted\" title=\"Application by Director for re-trial order where previous acquittal tainted.\">Application by Director for re-trial order where previous acquittal tainted.<\/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\/27861-2\/2\/#Re-trial_orders\" title=\"Re-trial orders.\">Re-trial orders.<\/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\/27861-2\/2\/#Legal_aid_re-trial_order_certificate\" title=\"Legal aid (re-trial order) certificate.\">Legal aid (re-trial order) certificate.<\/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\/27861-2\/2\/#Orders_to_safeguard_fairness_of_re-trial\" title=\"Orders to safeguard fairness of re-trial.\">Orders to safeguard fairness of re-trial.<\/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\/27861-2\/2\/#Effect_of_re-trial_order\" title=\"Effect of re-trial order.\">Effect of re-trial order.<\/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\/27861-2\/2\/#Certain_powers_may_be_used_only_in_accordance_with_Act\" title=\"Certain powers may be used only in accordance with Act.\">Certain powers may be used only in accordance with Act.<\/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\/27861-2\/2\/#Arrest_of_person_in_respect_of_whom_section_15_applies_may_be_authorised_by_District_Court_in_certain_circumstances\" title=\"Arrest of person in respect of whom section 15 applies may be authorised by District Court in certain circumstances.\">Arrest of person in respect of whom section 15 applies may be authorised by District Court in certain circumstances.<\/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\/27861-2\/2\/#Arrest_in_certain_circumstances_of_person_in_respect_of_whom_section_15_applies_where_person_is_in_prison_etc\" title=\"Arrest in certain circumstances of person in respect of whom section 15 applies where person is in prison etc.\">Arrest in certain circumstances of person in respect of whom section 15 applies where person is in prison etc.<\/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\/27861-2\/2\/#Search_warrant_in_aid_of_investigation_relating_to_relevant_offences_ma\" title=\"Search warrant in aid of investigation relating to relevant offences ma\">Search warrant in aid of investigation relating to relevant offences ma<\/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\/27861-2\/2\/#y_be_authorised_by_District_Court_in_certain_circumstances\" title=\"y be authorised by District Court in certain circumstances.\">y be authorised by District Court in certain circumstances.<\/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\/27861-2\/2\/#Admissibility_of_evidence_in_proceedings_under_Part\" title=\"Admissibility of evidence in proceedings under Part.\">Admissibility of evidence in proceedings under Part.<\/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\/27861-2\/2\/#Other_appeals_or_review_rights_not_affected\" title=\"Other appeals or review rights not affected.\">Other appeals or review rights not affected.<\/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\/27861-2\/2\/#Rules_of_court_and_expeditious_hearings\" title=\"Rules of court and expeditious hearings.\">Rules of court and expeditious hearings.<\/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\/27861-2\/2\/#Appeals_and_Matters_Relating_to_Appeals\" title=\"Appeals and Matters Relating to Appeals\">Appeals and Matters Relating to Appeals<\/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\/27861-2\/2\/#With_prejudice_prosecution_appeals\" title=\"With prejudice prosecution appeals\">With prejudice prosecution appeals<\/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\/27861-2\/2\/#Appeals_by_Director_etc_in_certain_criminal_proceedings\" title=\"Appeals by Director etc., in certain criminal proceedings.\">Appeals by Director etc., in certain criminal proceedings.<\/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\/27861-2\/2\/#No_appeal_in_certain_circumstances\" title=\"No appeal in certain circumstances.\">No appeal in certain circumstances.<\/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\/27861-2\/2\/#Orders_to_safeguard_fairness_of_re-trial-2\" title=\"Orders to safeguard fairness of re-trial.\">Orders to safeguard fairness of re-trial.<\/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\/27861-2\/2\/#Order_for_re-trial_following_appeal_under_section_23\" title=\"Order for re-trial following appeal under section 23.\">Order for re-trial following appeal under section 23.<\/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\/27861-2\/2\/#Amendment_of_section_3_of_Criminal_Justice_Act_1994\" title=\"Amendment of section 3 of Criminal Justice Act 1994.\">Amendment of section 3 of Criminal Justice Act 1994.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/27861-2\/2\/#Other_appeals_or_review_rights_not_affected-2\" title=\"Other appeals or review rights not affected.\">Other appeals or review rights not affected.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/27861-2\/2\/#Application_of_section_6_of_Prosecution_of_Offences_Act_1974\" title=\"Application of section 6 of Prosecution of Offences Act 1974.\">Application of section 6 of Prosecution of Offences Act 1974.<\/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\/27861-2\/2\/#Rules_of_court_and_expeditious_hearings-2\" title=\"Rules of court and expeditious hearings.\">Rules of court and expeditious hearings.<\/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\/27861-2\/2\/#Amendment_of_Courts_of_Justice_Act_1924\" title=\"Amendment of Courts of Justice Act 1924.\">Amendment of Courts of Justice Act 1924.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/27861-2\/2\/#Appeal_from_Central_Criminal_Court\" title=\"Appeal from Central Criminal Court.\">Appeal from Central Criminal Court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/27861-2\/2\/#Court_of_Criminal_Appeal_may_make_certain_orders_pending_determination_of_appeal\" title=\"Court of Criminal Appeal may make certain orders pending determination of appeal.\">Court of Criminal Appeal may make certain orders pending determination of appeal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/27861-2\/2\/#Amendment_of_section_44_of_Offences_Against_the_State_Act_1939\" title=\"Amendment of section 44 of Offences Against the State Act 1939.\">Amendment of section 44 of Offences Against the State Act 1939.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"2010_Act\"><\/span>2010 Act<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Criminal Procedure Act 2010 reforms law in relation to a number of matters. Some of the matters were considered by the Criminal Law Review Group and were the subject of recommendations in its 2007 report.<\/p>\n<p>The 2010 Act modifies the rule against double jeopardy to allow persons who have been acquitted to be retried in circumstances where new and compelling evidence emerges or where the acquittal is obtained due to corruption or intimidation of witnesses or jurors or to perjury.<\/p>\n<p>It gives the DPP right to appeal to the Supreme Court on a with-prejudice basis against an acquittal where the requital arises from an erroneous ruling by the trial court judge in a point of law during the trial.\u00a0 It allows the DPP a right of appeal with-prejudice against the decision by the Court of Criminal Appeal not to award a retrial following quashing of a conviction.\u00a0 It provides a number of amendments to defence appeal provisions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rule_Against_Double_Je0pardy\"><\/span>Rule Against Double Je0pardy<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The rule against double jeopardy is to the effect that generally a person may not be put at risk twice for the same offence.\u00a0 The rule is modified by the 2010 Act by allowing the DPP to apply to the Court of Appeal for a retrial in respect of a person acquitted where<\/p>\n<ul>\n<li>there is new and compelling evidence.<\/li>\n<li>the acquitted person or another person has been convicted of an offence against administration of justice and is probable that the result in the original proceedings was affected by the offence against the administration of justice.<\/li>\n<\/ul>\n<p>There must be new and compelling evidence.\u00a0 The power is limited to offences specified in the schedule to the 2010 Act.\u00a0 They are offences carrying mandatory or maximum sentences of life imprisonment or of a certain level and offences under the International Criminal Court Act. It applies to acquittal following a trial and indictment.<\/p>\n<p>New and compelling evidence is evidence which is not presented at the proceedings in respect of which the person was acquitted or in appeal proceedings and could not with the exercise of due diligence having presented during those proceedings is reliable substantial and implicated the person concerned with a high degree of probability in the commission of the offence concerned.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offences_Against_Justice\"><\/span>Offences Against Justice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An offence against the administration of justice is defined as an offence of corruption relating to criminal proceedings or an offence of intimidation of witnesses or jurors or common law offences of attempting to pervert the course of justice, perjury, conspiring or inciting others to do any of the above.<\/p>\n<p>The relevant offences for the purpose of the re-trial on the basis of new and compelling evidence are those carrying a mandatory or maximum sentence of imprisonment for life together with certain other crimes within the scope of the international criminal court [genocide, crime against humanity, war crimes and related offences.<\/p>\n<p>New provisions in the 2010 Act are not retrospective.\u00a0 A person who has been acquitted of a relevant offence is deemed also to have been acquitted of a relevant offence with which she could have been convicted in the proceedings concerned by virtue of the charge in the indictment.\u00a0 Effectively the greater offence deal with lesser offences.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Application_for_Re-Trial\"><\/span>Application for Re-Trial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An application for re-trial may only be made if there is new and compelling evidence and the application is in the public interest.\u00a0 It is made on notice to the acquitted person.\u00a0 The hearing may proceed in the acquitted person&#8217;s absence if the court is satisfied that in all the circumstances, it is in the interest of justice that the application should be heard and determined.<\/p>\n<p>The person who is acquitted remains at liberty until such time as there is a re-trial ordered.\u00a0 The court makes a decision as to whether or not the person should be remanded in custody or bail pending rehearing.\u00a0 The application may only be made at once in relation to any particular offence.<\/p>\n<p>The application for re-trial based on interference with the administration of justice may be made if it appears to the DPP that it is probable that the commission of the offence against administration of justice concerned affected the outcome of the proceedings and resulted in the acquittal and that the application is in the public interest.\u00a0 It may not be made where an appeal is pending in relation to the conviction against administration of justice. The application is made on notice to the acquitted person.<\/p>\n<p>As above, the hearing may proceed notwithstanding the absence of the persons concerned.\u00a0 Persons would remain at liberty until such time the re-trial order is made, and the court will then decide as to whether he should be remanded in custody or on bail.\u00a0 The power may only be exercised once.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Criteria_for_Re-Trial\"><\/span>Criteria for Re-Trial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court shall grant an order where it is satisfied that the new and compelling evidence, in relation to the acquitted person concerned and having regard to whether it is likely any trial could be conducted fairly, the amount of time that has passed in this commission, the interest of the victim and other matters the court considers relevant, it considers in all the circumstances it is in the interest of justice to grant the order.<\/p>\n<p>In the case of tainted acquittal, the court shall grant the order if it is satisfied that it is probable having regard to all the circumstances that the commission of the offence against the administration of justice affected the result of the proceedings which led to the person&#8217;s acquittal and having considered the matters set out above that it is in all the circumstances, it in the interest of justice to grant the order.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Investigation_Procedures\"><\/span>Investigation Procedures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Garda Siochana must apply to the District Court for an order prior to the exercise of certain powers in relation to an acquitted person in relation to investigation into his suspected participation in events of which he has been previous acquitted.\u00a0 The prior District Court order is required in view of the status of the person as acquitted.<\/p>\n<p>This is necessary in respect of arrest, detention, interview, searching, photograph and causing in to be photographed, taking fingerprints, forensic samples, seizing or attaining use in evidence of anything at the person&#8217;s possession, searching a place owned, occupied or partly owned or occupied by him.<\/p>\n<p>The judge may on information on oath by a member of the Garda S\u00edoch\u00e1na not below the rank of superintendent that the member concerned has information regarding a relevant offence in respect of which the person was acquitted which has come to the knowledge of the Garda S\u00edoch\u00e1na only since the person\u2019s acquittal, and \u00a0that the information is likely to reveal or confirm the existence of new and compelling evidence in relation to the person\u2019s suspected participation in the relevant offence for which his or her arrest is sought,<\/p>\n<p>A person arrested may be detained under Section 4 of the Criminal Justice Act.\u00a0 A person found not guilty by reason of insanity may not be arrested under this provision.<\/p>\n<p>Before authorizing a search warrant, the District Judge must be satisfied \u00a0by information on oath by senior Garda regarding the relevant offence that there are reasonable grounds for suspecting evidence or information to be found at the place for where the warrant is sought and that the information is likely to reveal the existence of new and compelling evidence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appeal_With_Prejudice\"><\/span>Appeal With Prejudice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a person is tried on indictment and convicted and where the person&#8217;s conviction is quashed on appeal, the prosecution authority may appeal with-prejudice the decision of the Court of Appeal not to order a re-trial on a question of law to the Supreme Court.<\/p>\n<p>A decision with-prejudice refers to the possibility that the appeal may result in the acquittal or decision of the Court of Appeal, not to order a re-trial being overturned and re-trial ordered.\u00a0 The with-prejudice appeal option is in addition to the without-prejudice appeal already provided for under the Criminal Procedure Act.<\/p>\n<p>The appeal is against the erroneous rulings of the High Court judge followed by a jury acquittal, or a judge directed acquittal. The appeal must be on notice to the person, the subject to the appeal.\u00a0 Notice must be given 28 days from the date on which the person was acquitted, or the conviction quashed. The period may be extended by the Supreme Court for a period up to 56 days.<\/p>\n<p>The appeal may proceed in the person&#8217;s absence, where the court is satisfied that it is in all the circumstances in the interest of justice that it should be so heard and determined.\u00a0 Having regard to the person&#8217;s status as an acquitted person, he is to remain at liberty until a re-trial is ordered. The court may make a decision as to whether or not he should be remanded in custody or on bail pending the hearing of the re-trial.<\/p>\n<p>Where a person is acquitted on the re-trial, there is no further appeal, but there is a possibility of it without-prejudice appeal.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Procedure_at_Trial\"><\/span>Procedure at Trial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court has discretion regarding making orders regarding attendance at the appeal hearing, publication and broadcasting of matters in order to safeguard the fairness of any re-trial ordered.\u00a0 The hearing is to be in open court, but the court may in the interest of the justice exclude the public or a part of the public.\u00a0 They may not exclude bona fide members of the press.<\/p>\n<p>They may impose publication and broadcast restrictions in relation to evidence tendered at the hearing or any matter that would tend to identify or have the effect to identifying a person who is a subject of the appeal, or any other person connected with the re-trial.\u00a0 Breach is an offence.<\/p>\n<p>The effect of a re-trial order is that the person may be indicted, re-tried and found guilty and sentenced for the offence concerned.\u00a0 He may be remanded in custody or bail pending the re-trial.\u00a0 Provision is made for legal aid on the re-trial.<\/p>\n<p>There is prohibition in relation to making communications with certain persons including the DPPE and members from Garda Siochana for the purpose of influencing decision to withdraw or not to initiate criminal offences that applies generally, is applied to this procedure.<\/p>\n<p>A convicted person need not obtain leave in order to appeal to the Court of Appeal.<\/p>\n<p>A person who has been granted the re-trial may appeal a point of law raised before the court, but not determined by it to the Supreme Court and on without-prejudice basis.\u00a0 This applies only where the point of law is relevant to the conduct of the person&#8217;s defence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Re-Trial\"><\/span>Re-Trial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The effect of the re-trial is to quash the acquittal and direct the person to be retried subject to conditions and directions as the court may provide. The court when ordering an application for a re-trial may make orders in relation to a range of matters.<\/p>\n<p>It may receive evidence tendered by witnesses as it considers necessary in the interest of justice in the application before it. Admissibility of evidence at a hearing is not dependent whether it would have been admissible under the laws of evidence in the original proceedings.<\/p>\n<p>A person who is the subject of an application for a re-trial order is entitled to a legal aid re-trial order certificate for the purpose of preparation and conduct of this case in relation to the application. He or she is entitled to have a solicitor and counsel assigned to him for that purpose.\u00a0 The application for grant of a legal aid certificate is based on the means of the person and the considerations of the requirements of justice.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Procedure_at_Retrial\"><\/span>Procedure at Retrial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court has discretion to make orders relating to attendance at hearing and broadcast the matters relating to hearing in order to safeguard the fairness of trial.\u00a0 Hearings are to be in open court, but the court may in the interest of justice exclude the public or part of the public or particular person.\u00a0 It may not exclude bona fide members of the press.<\/p>\n<p>The court may impose broadcasting and publication restrictions in relation to evidence at the hearing that would identify the person who is the subject of the application and only other persons connected with the re-trial.\u00a0 Breach is an offence subject to conviction summarily or in indictment [three years and up to \u20ac50,000 on indictment] an order prohibiting the publication of broadcasting of certain matters relating to the hearing ceases once any re-trial is concluded or once there is no possibility of the person being subject to a re-trial.<\/p>\n<p>The effect of a re-trial order is that the person may be indicted, retried, found guilty and sentenced.\u00a0 The Director or an acquitted person may appeal a re-trial order to the Court of Appeal on \u00a0the basis of a certificate from the Court of Appeal, the Director of Public Prosecutions or the Attorney General stating that a point of law of exceptional public importance is involved and that it is desirable in the public interest that the appeal be taken.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL PROCEDURE ACT 2010<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 November 2023<\/p>\n<p>AN ACT TO AMEND AND EXTEND THE CRIMINAL JUSTICE ACT 1993; TO AMEND CRIMINAL LAW AND PROCEDURE IN OTHER RESPECTS, INCLUDING MAKING PROVISION FOR EXCEPTIONS TO THE RULE AGAINST DOUBLE JEOPARDY SO AS TO ENABLE THE COURT OF CRIMINAL APPEAL TO HEAR AND DETERMINE APPLICATIONS BROUGHT IN CERTAIN CIRCUMSTANCES BY THE DIRECTOR OF PUBLIC PROSECUTIONS TO QUASH CERTAIN ACQUITTALS AND TO HAVE PERSONS WHO ARE THE SUBJECT OF THOSE APPLICATIONS RE-TRIED, AND TO PROVIDE FOR AN APPEAL TO THE SUPREME COURT ON A POINT OF LAW FROM A DETERMINATION OF THE COURT OF CRIMINAL APPEAL IN RESPECT OF SUCH APPLICATIONS; TO EXTEND THE POWERS OF THE GARDA S\u00cdOCH\u00c1NA IN RELATION TO THE INVESTIGATION OF CERTAIN OFFENCES; TO EXTEND THE CIRCUMSTANCES IN WHICH THE DIRECTOR OF PUBLIC PROSECUTIONS OR THE ATTORNEY GENERAL, AS MAY BE APPROPRIATE, MAY TAKE AN APPEAL IN CRIMINAL PROCEEDINGS; TO AMEND THE CRIMINAL JUSTICE (EVIDENCE) ACT 1924 AND TO AMEND AND EXTEND THE LAW RELATING TO EVIDENCE IN OTHER RESPECTS; TO AMEND THE CRIMINAL JUSTICE ACT 1994, THE COURTS ACT 1991, THE CRIMINAL PROCEDURE ACT 1967, THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962, THE CRIMINAL JUSTICE ACT 1951, THE OFFENCES AGAINST THE STATE ACT 1939 AND THE COURTS OF JUSTICE ACT 1924; AND TO PROVIDE FOR RELATED MATTERS.<\/p>\n<p>[20th July, 2010]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>PART 1<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title and commencement.<\/p>\n<p>1.\u2014 (1) This Act may be cited as the Criminal Procedure Act 2010.<\/p>\n<p>(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower pursuant to section exercised (31.08.2010) by Criminal Procedure Act 2010 (Commencement) Order 2010 (S.I. No. 414 of 2010).<\/p>\n<p>2. The 1st day of September 2010 is appointed as the day on which the Criminal Procedure Act 2010 (No. 27 of 2010) shall come into operation.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014 (1) In this Act unless the context otherwise requires\u2014<\/p>\n<p>\u201cAct of 1962\u201d means the Criminal Justice (Legal Aid) Act 1962;<\/p>\n<p>\u201cAct of 1967\u201d means the Criminal Procedure Act 1967;<\/p>\n<p>\u201cAct of 1993\u201d means the Criminal Justice Act 1993;<\/p>\n<p>\u201cbroadcast\u201d has the meaning it has in section 2 of the Broadcasting Act 2009;<\/p>\n<p>\u201cchildren detention school\u201d has the meaning it has in section 3(1) of the Children Act 2001;<\/p>\n<p>\u201cDirector\u201d means the Director of Public Prosecutions;<\/p>\n<p>F1[&#8220;legal aid (appeal) certificate&#8221; has the meaning it has in the Act of 1962;]<\/p>\n<p>\u201clegal aid (Supreme Court) certificate\u201d has the meaning it has in the Act of 1962;<\/p>\n<p>\u201clegal aid (trial on indictment) certificate\u201d has the meaning it has in the Act of 1962;<\/p>\n<p>\u201cMinister\u201d means the Minister for Justice and Law Reform;<\/p>\n<p>\u201cprison\u201d has the meaning it has in section 2 of the Prisons Act 2007;<\/p>\n<p>\u201cpublication\u201d means publication, other than by way of broadcast, to the public or a portion of the public.<\/p>\n<p>(2) In this Act, unless the context otherwise requires, references to\u2014<\/p>\n<p>(a) a jury shall, in relation to proceedings conducted before a court sitting without a jury, be construed as references to that court, and<\/p>\n<p>(b) a person being sent forward for trial include, where appropriate, references to such a person being sent or being sent forward for trial to, or charged before, a Special Criminal Court.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 71(a), S.I. No. 479 of 2014.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>.<\/p>\n<p>PART 3<\/p>\n<h4>Exceptions to rule against double jeopardy<\/h4>\n<p>Chapter 1<\/p>\n<p>Interpretation<\/p>\n<h4>Interpretation (Part 3).<\/h4>\n<p>7.\u2014 In this Part, unless the context otherwise requires\u2014<\/p>\n<p>\u201cAct of 1984\u201d means the Criminal Justice Act 1984;<\/p>\n<p>\u201cacquittal\u201d includes a verdict of not guilty returned by a jury and a verdict of not guilty returned by a jury by direction of a court;<\/p>\n<p>\u201capplication for a re-trial order\u201d means an application under section 8 or 9;<\/p>\n<p>\u201ccompelling evidence\u201d, in relation to a person, means evidence which\u2014<\/p>\n<p>(a) is reliable,<\/p>\n<p>(b) is of significant probative value, and<\/p>\n<p>(c) is such that a jury might reasonably be satisfied beyond a reasonable doubt of the person\u2019s guilt in respect of the offence concerned;<\/p>\n<p>\u201cCourt\u201d means the Court of Criminal Appeal;<\/p>\n<p>\u201clegal aid (re-trial order) certificate\u201d has the meaning it has in the Act of 1962;<\/p>\n<p>\u201cnew and compelling evidence\u201d, in relation to a person, means evidence\u2014<\/p>\n<p>(a) which was not adduced by the prosecution in the proceedings in respect of which the person was acquitted (nor in any appeal proceedings to which the original proceedings related), and<\/p>\n<p>(b) which could not, with the exercise of due diligence, have been adduced during those proceedings, and<\/p>\n<p>(c) is evidence which\u2014<\/p>\n<p>(i) is reliable,<\/p>\n<p>(ii) is of significant probative value, and<\/p>\n<p>(iii) is such that when taken together with all the other evidence adduced in the proceedings concerned, a jury might reasonably be satisfied beyond a reasonable doubt of the person\u2019s guilt in respect of the offence concerned;<\/p>\n<p>F2[&#8220;offence against the administration of justice&#8221; means\u2014<\/p>\n<p>(a) an offence under\u2014<\/p>\n<p>(i) the Criminal Justice (Corruption Offences) Act 2018 other than section 18 (1) thereof, or<\/p>\n<p>(ii) the Prevention of Corruption Acts 1889 to 2010,<\/p>\n<p>in so far as the offence concerned relates to criminal proceedings,<\/p>\n<p>(b) an offence under section 41 of the Criminal Justice Act 1999,<\/p>\n<p>(c) attempting to pervert the course of justice,<\/p>\n<p>(d) embracery,<\/p>\n<p>(e) perjury, or<\/p>\n<p>(f) conspiring or inciting another person to commit any of the offences referred to in paragraphs (a) to (e)]<\/p>\n<p>\u201cplace\u201d includes\u2014<\/p>\n<p>(a) a dwelling or other building,<\/p>\n<p>(b) a vehicle, whether mechanically propelled or not,<\/p>\n<p>(c) a vessel, whether sea-going or not,<\/p>\n<p>(d) an aircraft, whether capable of operation or not,<\/p>\n<p>(e) a hovercraft;<\/p>\n<p>\u201crelevant offence\u201d means an offence specified in the Schedule;<\/p>\n<p>\u201cre-trial order\u201d means an order of the Court under subsection (1) or (2) of section 10.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nSubstituted (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9\/2018), s. 27, S.I. No. 298 of 2018.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nReference to perjury construed (28.07.2021) by Criminal Justice (Perjury and Related Offences) Act 2021 (13\/2021), s. 4(2) and sch. 2 item 52, S.I. No. 378 of 2021.<\/p>\n<p>References to perjury or subornation of perjury<\/p>\n<p>4. &#8230;<\/p>\n<p>(2) A reference in an enactment specified in Schedule 2 to perjury or to subornation of perjury, howsoever described, in relation to an act committed on or after the coming into operation of this subsection, shall be construed as a reference to perjury or to subornation of perjury, as the case may be, within the meaning of this Act.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE 2<\/p>\n<p>Section 4 (2)<\/p>\n<p>&#8230;<\/p>\n<p>52. Criminal Procedure Act 2010, section 7<\/p>\n<p>&#8230;<\/p>\n<p>Chapter 2<\/p>\n<p>Application for re-trial orders under Part 3<\/p>\n<h4>Application by Director seeking re-trial order where new and compelling evidence becomes available.<\/h4>\n<p>8.\u2014 (1) Subject to subsection (7), this section applies where a person\u2014<\/p>\n<p>(a) is, on or after the commencement of this section, sent forward for trial in respect of a relevant offence and is, or<\/p>\n<p>(b) has, before the commencement of this section, been sent forward for trial but has not yet been tried in respect of a relevant offence and is, on or after such commencement,<\/p>\n<p>tried on indictment in respect of the offence, and acquitted of that offence (whether at the trial, on appeal against conviction or on appeal from such a decision on appeal).<\/p>\n<p>(2) For the purposes of this section, a person who has been acquitted of a relevant offence in proceedings referred to in subsection (1) shall be deemed to also have been acquitted of any relevant offence in respect of which he or she could have been convicted in the proceedings concerned by virtue of the first-mentioned offence charged in the indictment, other than an offence for which he or she has been convicted.<\/p>\n<p>(3) The Director may apply to the Court for a re-trial order where it appears to him or her\u2014<\/p>\n<p>(a) that there is new and compelling evidence against a person referred to in subsection (1) in relation to the relevant offence concerned, and<\/p>\n<p>(b) that it is in the public interest to do so.<\/p>\n<p>(4) Only one application for a re-trial order may be made by the Director in respect of a person in relation to a relevant offence that was the subject of the application and no further application may be made irrespective of whether the person concerned is subsequently acquitted of the offence concerned in a re-trial ordered pursuant to an application under this section.<\/p>\n<p>(5) An application for a re-trial order under subsection (3) shall be on notice to the person concerned.<\/p>\n<p>(6) If a person fails to appear before the Court in respect of the hearing of the application, the Court, if it is satisfied that it is, in all the circumstances, in the interests of justice to do so, may proceed to hear and determine the application in the absence of the person.<\/p>\n<p>(7) This section shall not apply to a relevant offence in respect of which a person was the subject of a special verdict under section 5 of the Criminal Law (Insanity) Act 2006.<\/p>\n<h4>Application by Director for re-trial order where previous acquittal tainted.<\/h4>\n<p>9.\u2014 (1) This section applies where\u2014<\/p>\n<p>(a) a person\u2014<\/p>\n<p>(i) is, on or after the commencement of this section, sent forward for trial in respect of an offence (irrespective of whether or not the offence is a relevant offence) and is, or<\/p>\n<p>(ii) has, before the commencement of this section, been sent forward for trial but has not yet been tried in respect of an offence (irrespective of whether or not the offence is a relevant offence) and is, on or after such commencement,<\/p>\n<p>tried on indictment in respect of the offence, and acquitted of that offence (whether at the trial, on appeal against conviction or on appeal from such a decision on appeal), and<\/p>\n<p>(b) the person, or another person, has been convicted of an offence against the administration of justice relating to the proceedings which resulted in the acquittal referred to in paragraph (a).<\/p>\n<p>(2) For the purposes of this section, a person who has been acquitted of an offence in proceedings referred to in subsection (1)(a), shall be deemed to also have been acquitted of any offence in respect of which he or she could have been convicted in the proceedings concerned by virtue of the first-mentioned offence charged in the indictment, other than an offence for which he or she has been convicted.<\/p>\n<p>(3) The Director may apply to the Court for a re-trial order where it appears to him or her\u2014<\/p>\n<p>(a) there is compelling evidence against a person referred to in subsection (1)(a), and<\/p>\n<p>(b) that it is in the public interest to do so.<\/p>\n<p>(4) No application for a re-trial order in respect of a person may be made by the Director under this section where proceedings relating to an offence against the administration of justice referred to in subsection (1) (b) are pending before any court.<\/p>\n<p>(5) Only one application for a re-trial order may be made by the Director in respect of a person in relation to an offence that was the subject of the application and no further application may be made irrespective of whether the person concerned is subsequently acquitted of the offence concerned in a re-trial ordered pursuant to an application under this section.<\/p>\n<p>(6) An application for a re-trial order under subsection (3) shall be on notice to the person concerned.<\/p>\n<p>(7) If a person fails to appear before the Court in respect of the hearing of the application, the Court, if it is satisfied that it is, in all the circumstances, in the interests of justice to do so, may proceed to hear and determine the application in the absence of the person.<\/p>\n<p>(8) For the purposes of subsection (1)(b), the reference to \u201cconvicted of an offence\u201d, in relation to a person, includes a reference to the conviction of a person after signing a plea of guilty and being sent forward for sentence under section 13(2)(b) of the Criminal Procedure Act 1967.<\/p>\n<h4>Re-trial orders.<\/h4>\n<p>10.\u2014 (1) If on hearing an application under section 8, the Court is satisfied\u2014<\/p>\n<p>(a) that there is new and compelling evidence against a person referred to in section 8(1), and<\/p>\n<p>(b) that, having had regard to the matters referred to in subsection (3), it is, in all the circumstances, in the interests of justice to do so,<\/p>\n<p>the Court shall make a re-trial order quashing the person\u2019s acquittal and directing that the person be re-tried for the relevant offence, subject to such conditions and directions (including conditions and directions as to placing a stay on the re-trial) as the Court considers necessary or expedient to ensure the fairness of the re-trial ordered under this subsection.<\/p>\n<p>(2) If on hearing an application under section 9, the Court is satisfied\u2014<\/p>\n<p>(a) there is compelling evidence against a person referred to in section 9(1)(a), and<\/p>\n<p>(b) that, having had regard to the matters referred to in subsection (3), it is, in all the circumstances, in the interests of justice to do so,<\/p>\n<p>the Court shall make a re-trial order quashing the person\u2019s acquittal and directing that the person be re-tried for the offence concerned, subject to such conditions and directions (including conditions and directions as to placing a stay on the re-trial) as the Court considers necessary or expedient to ensure the fairness of the re-trial ordered under this subsection.<\/p>\n<p>(3) In determining whether to make an order under subsection (1) or (2), the Court shall have regard to\u2014<\/p>\n<p>(a) whether or not it is likely that any re-trial could be conducted fairly,<\/p>\n<p>(b) the amount of time that has passed since the act or omission that gave rise to the indictment,<\/p>\n<p>(c) the interests of any victim of the offence concerned, and<\/p>\n<p>(d) any other matter which the Court considers relevant to the application.<\/p>\n<p>(4) For the purposes of determining whether to make an order under subsection (1) or (2), the Court may\u2014<\/p>\n<p>(a) order the production of any document, exhibit or other thing connected with the proceedings to which the application relates,<\/p>\n<p>(b) order any person who would have been a compellable witness in the proceedings to which the application relates to attend for examination and be examined before the Court, whether or not the person was called in those proceedings,<\/p>\n<p>(c) receive the evidence, if tendered, of any witness, or<\/p>\n<p>(d) generally make such order as may be necessary for doing justice in the application before the Court.<\/p>\n<p>(5) Evidence may be admitted in a hearing under this section, whether or not it would have been admissible in earlier proceedings against the person who is the subject of the application under section 8 or 9 .<\/p>\n<p>(6) Subject to subsection (1) or (2), where the Court makes a re-trial order, the re-trial shall take place as soon as practicable.<\/p>\n<p>(7) In this section \u201cdocument\u201d, in relation to an application by the Director under section 9, includes a transcript of the trial of any person referred to in section 9(1)(b).<\/p>\n<p>Amendment of Act of 1962.<\/p>\n<p>11.\u2014 The Act of 1962 is amended\u2014<\/p>\n<p>(a) by the insertion of the following section after section 6B:<\/p>\n<p>\u201c<\/p>\n<h4>Legal aid (re-trial order) certificate.<\/h4>\n<p>6C.\u2014 (1) Where\u2014<\/p>\n<p>(a) an application for a re-trial order has been made in relation to a person, and<\/p>\n<p>(b) a certificate for free legal aid (in this Act referred to as a \u2018legal aid (re-trial order) certificate\u2019) is granted in respect of him or her by the Court of Criminal Appeal,<\/p>\n<p>the person shall be entitled to free legal aid in the preparation and conduct of his or her case in relation to an application under section 8 or 9 of the Criminal Procedure Act 2010 and to have a solicitor and counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.<\/p>\n<p>(2) A legal aid (re-trial order) certificate shall be granted in relation to a person in respect of whom an application under section 8 or 9 of the Criminal Procedure Act 2010 has been made if (but only if)\u2014<\/p>\n<p>(a) an application is made therefor,<\/p>\n<p>(b) it appears to the Court of Criminal Appeal that\u2014<\/p>\n<p>(i) the means of the person are insufficient to enable him or her to obtain legal aid, and<\/p>\n<p>(ii) it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of his or her case in relation to the application for a re-trial order.<\/p>\n<p>(3) In this section \u2018application for a re-trial order\u2019 has the meaning it has in section 7 of the Criminal Procedure Act 2010.\u201d,<\/p>\n<p>(b) in section 7, by the addition of the following subsection:<\/p>\n<p>\u201c(4) Where a legal aid (re-trial order) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person\u2019s case in relation to the application to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.\u201d,<\/p>\n<p>and<\/p>\n<p>(c) in section 9(2), by the substitution of \u201c, a legal aid (protection of persons order) certificate or a legal aid (re-trial order) certificate\u201d for \u201cor a legal aid (protection of persons order) certificate\u201d.<\/p>\n<h4>Orders to safeguard fairness of re-trial.<\/h4>\n<p>12.\u2014 (1) Subject to this section, an application for a re-trial order shall be conducted in open court.<\/p>\n<p>(2) Where the Court is hearing an application for a re-trial order under section 8 or 9 and is satisfied that it is in the interests of justice 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>other than bona fide representatives of the Press.<\/p>\n<p>(3) The Court may, if it considers that it is in the interests of justice to do so, make an order prohibiting the publication or broadcast of\u2014<\/p>\n<p>(a) any evidence given or referred to at a hearing of an application for a re-trial order, or<\/p>\n<p>(b) any matter identifying or having the effect of identifying any person who is the subject of an application for a re-trial order, or any other person connected with the re-trial for which an order is sought under section 8 or 9.<\/p>\n<p>(4) An order under subsection (3) ceases to have effect (unless it specifies an earlier date)\u2014<\/p>\n<p>(a) when there is no longer any step that could be taken which would lead to the person concerned being re-tried pursuant to a re-trial order, or<\/p>\n<p>(b) where the person concerned is re-tried pursuant to a re-trial order, at the conclusion of the trial.<\/p>\n<p>(5) (a) If any matter is published or broadcast in contravention of subsection (3), the following persons, namely\u2014<\/p>\n<p>(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,<\/p>\n<p>(ii) in the case of any other publication, the person who publishes it, and<\/p>\n<p>(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(b) A person guilty of an offence under paragraph (a) shall be liable\u2014<\/p>\n<p>(i) on summary conviction, to a fine not exceeding \u20ac5,000 or to imprisonment for a term not exceeding 12 months or to both, or<\/p>\n<p>(ii) on conviction on indictment, to a fine not exceeding \u20ac50,000 or to imprisonment for a term not exceeding 3 years or to both.<\/p>\n<p>(c) Where an offence under paragraph (a) is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributable to, any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(d) Where the affairs of a body corporate are managed by its members, paragraph (c) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.<\/p>\n<p>(6) Nothing in this section shall affect the operation of any other enactment that imposes restrictions on the extent to which information relating to court proceedings may be published or broadcast.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nBreach of order under subs. (3) may be an offence as provided by Broadcasting Act 2009 (18\/2009), s. 139A and sch. 3 para. 26, as inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41\/2022), ss. 45, 46, S.I. No. 71 of 2023, art. 2(c).<\/p>\n<p>E3<br \/>\nA fine of \u20ac5,000 translates into a class A fine, not greater than \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<h4>Effect of re-trial order.<\/h4>\n<p>13.\u2014 (1) Where a person is ordered under subsection (1) or (2) of section 10 to be re-tried for an offence, he or she may, notwithstanding any rule of law, be again indicted and tried and, if found guilty, sentenced for that offence.<\/p>\n<p>(2) In a case to which subsection (1) relates, the Court may\u2014<\/p>\n<p>(a) order that the person concerned be detained in custody or admitted to bail pending the re-trial on such terms as the Court thinks proper,<\/p>\n<p>(b) where the person concerned does not appear before the Court for the hearing and determination of the application, issue a warrant for his or her arrest.<\/p>\n<p>(3) A legal aid (re-trial order) certificate which was granted in relation to the proceedings under section 8 or 9 shall have effect as if it had been granted also in relation to the re-trial ordered in respect of that person.<\/p>\n<p>(4) A person who was not granted a legal aid (re-trial order) certificate and who is the subject of a re-trial order may apply for a legal aid (trial on indictment) certificate and section 3 of the Act of 1962 shall, with any necessary modifications, apply to that application.<\/p>\n<p>Appeals on point of law to Supreme Court.<\/p>\n<p>14.\u2014F3[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nRepealed (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 73 and sch. 1 item 10, S.I. No. 479 of 2014.<\/p>\n<p>Chapter 3<\/p>\n<p>Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences<\/p>\n<h4>Certain powers may be used only in accordance with Act.<\/h4>\n<p>15.\u2014 (1) This section applies where a person\u2014<\/p>\n<p>(a) is, on or after the commencement of this section, sent forward for trial in respect of a relevant offence and is, or<\/p>\n<p>(b) has, before the commencement of this section, been sent forward for trial but has not yet been tried in respect of a relevant offence and is, on or after such commencement,<\/p>\n<p>tried on indictment in respect of the offence, and acquitted of that offence (whether at the trial, on appeal against conviction or on appeal from such a decision on appeal).<\/p>\n<p>(2) For the purposes of this section, a person who has been acquitted of a relevant offence in proceedings referred to in subsection (1) shall be deemed to also have been acquitted of any relevant offence in respect of which he or she could have been convicted in the proceedings concerned by virtue of the first-mentioned offence charged in the indictment, other than an offence for which he or she has been convicted.<\/p>\n<p>(3) A member of the Garda S\u00edoch\u00e1na shall not, either with or without the consent of a person referred to in subsection (1), do any of the following in connection with the person\u2019s suspected participation in a relevant offence in respect of which that person was acquitted, except in so far as it is authorised in accordance with the provisions of this Act:<\/p>\n<p>(a) arrest and detain the person;<\/p>\n<p>(b) interview the person;<\/p>\n<p>(c) search the person or cause him or her to be searched;<\/p>\n<p>(d) photograph the person or cause him or her to be photographed;<\/p>\n<p>(e) take or cause to be taken, the person\u2019s fingerprints or palm prints;<\/p>\n<p>(f) take or cause to be taken from the person, a sample for the purposes of forensic testing;<\/p>\n<p>(g) seize and retain for testing or for use as evidence anything in the person\u2019s possession;<\/p>\n<p>(h) search a place owned or occupied, or partly owned or occupied by the person.<\/p>\n<h4>Arrest of person in respect of whom section 15 applies may be authorised by District Court in certain circumstances.<\/h4>\n<p>16.\u2014 (1) A person in respect of whom section 15 applies may be arrested again for a relevant offence in respect of which he or she has been acquitted in accordance with, and only in accordance with, this section.<\/p>\n<p>(2) Subject to subsection (3), a judge of the District Court who is satisfied\u2014<\/p>\n<p>(a) by information on oath by a member of the Garda S\u00edoch\u00e1na not below the rank of superintendent that the member concerned has information regarding a relevant offence in respect of which the person was acquitted which has come to the knowledge of the Garda S\u00edoch\u00e1na only since the person\u2019s acquittal, and<\/p>\n<p>(b) that the information referred to in paragraph (a) is likely to reveal or confirm the existence of new and compelling evidence in relation to the person\u2019s suspected participation in the relevant offence for which his or her arrest is sought,<\/p>\n<p>may authorise the arrest of that person.<\/p>\n<p>(3) A judge of the District Court may authorise the arrest of the person concerned in respect of, and only of, the relevant offence in respect of which the person was acquitted.<\/p>\n<p>(4) A person arrested pursuant to this section\u2014<\/p>\n<p>(a) shall be taken forthwith to a Garda Station and may be detained there for such period or periods as is authorised under section 4 of the Act of 1984, and<\/p>\n<p>(b) subject to this section, shall be dealt with as though he or she had been detained under that section.<\/p>\n<p>(5) If\u2014<\/p>\n<p>(a) at any time during the detention of a person under this section there are no longer reasonable grounds for\u2014<\/p>\n<p>(i) suspecting that the person has committed the relevant offence in respect of which he or she was arrested under this section, or<\/p>\n<p>(ii) believing that his or her detention is necessary for the proper investigation of the relevant offence,<\/p>\n<p>or<\/p>\n<p>(b) by reason of the expiry of the period or periods referred to in subsection (4)(a),<\/p>\n<p>the detention shall be terminated forthwith, and he or she shall without delay be released, unless his or her detention is authorised apart from this section.<\/p>\n<p>(6) Subsections (5) and (5A) of section 4 and section 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.<\/p>\n<p>(7) Proceedings under this section shall be heard otherwise than in public.<\/p>\n<p>(8) This section shall not apply to a relevant offence in respect of which a person was the subject of a special verdict under section 5 of the Criminal Law (Insanity) Act 2006.<\/p>\n<p>(9) This section is without prejudice to the power of the Court to issue a warrant for the arrest of a person in respect of whom a re-trial order has been made under subsection (1) of section 10.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nPower of Garda S\u00edoch\u00e1na to take sample and prints from persons detained under section provided (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), ss. 9, 11-13, 31-33, 35, 86 and 100, S.I. No. 508 of 2015.<\/p>\n<h4>Arrest in certain circumstances of person in respect of whom section 15 applies where person is in prison etc.<\/h4>\n<p>17.\u2014 (1) A person in respect of whom section 15 applies who is detained in a prison or a children detention school may be arrested again for a relevant offence in respect of which he or she has been acquitted in accordance with, and only in accordance with, this section.<\/p>\n<p>(2) Subject to subsection (3), a judge of the District Court who is satisfied\u2014<\/p>\n<p>(a) by information on oath by a member of the Garda S\u00edoch\u00e1na not below the rank of superintendent that the member concerned has information regarding a relevant offence in respect of which the person was acquitted which has come to the knowledge of the Garda S\u00edoch\u00e1na only since the person\u2019s acquittal, and<\/p>\n<p>(b) that the information referred to in paragraph (a) is likely to reveal or confirm the existence of new and compelling evidence in relation to the person\u2019s suspected participation in the relevant offence for which his or her arrest is sought,<\/p>\n<p>may authorise the arrest of that person.<\/p>\n<p>(3) A judge of the District Court may authorise the arrest of the person concerned in respect of, and only of, the relevant offence for which the person was acquitted.<\/p>\n<p>(4) A person arrested pursuant to this section\u2014<\/p>\n<p>(a) shall be taken forthwith to a Garda Station and may, subject to subsection (6), be detained there for such period or periods as is authorised under section 4 of the Act of 1984, and<\/p>\n<p>(b) subject to this section, shall be dealt with as though he or she had been detained under that section.<\/p>\n<p>(5) Subsections (4), (5) and (5A) of section 4 and section 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.<\/p>\n<p>(6) If at any time during the detention of a person under this section there are no longer reasonable grounds for\u2014<\/p>\n<p>(a) suspecting that the person has committed the relevant offence in respect of which he or she was arrested under this section, or<\/p>\n<p>(b) believing that his or her detention is necessary for the proper investigation of the relevant offence,<\/p>\n<p>the detention shall be terminated.<\/p>\n<p>(7) On termination of the detention in accordance with subsection (6) or by reason of the expiry of the period or periods referred to in subsection (4)(a), the member of the Garda S\u00edoch\u00e1na in charge of the Garda Station where the person is detained shall transfer him or her, or cause him or her to be transferred back to the governor of the prison or, as the case may be, the Director of the children detention school where the person was detained at the time of the arrest under this section.<\/p>\n<p>(8) Proceedings under this section shall be heard otherwise than in public.<\/p>\n<p>(9) This section shall not apply to a relevant offence in respect of which a person was the subject of a special verdict under section 5 of the Criminal Law (Insanity) Act 2006.<\/p>\n<p>(10) Nothing in this section shall affect the power of the Court to issue a warrant for the arrest of a person in respect of whom an order has been made under subsection (1) of section 10.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nPower of Garda S\u00edoch\u00e1na to take sample and prints from persons detained under section provided (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), ss. 9, 11-13, 31-33, 35, 86 and 100, S.I. 508 of 2015.<\/p>\n<h4>Search warrant in aid of investigation relating to relevant offences ma<\/h4>\n<h4>y be authorised by District Court in certain circumstances.<\/h4>\n<p>18.\u2014 (1) A place that is owned or occupied, or partly owned or occupied by a person in respect of whom section 15 applies may be searched in connection with a relevant offence in respect of which he or she has been acquitted in accordance with, and only in accordance with, this section.<\/p>\n<p>(2) A judge of the District Court who is satisfied\u2014<\/p>\n<p>(a) by information on oath by a member of the Garda S\u00edoch\u00e1na not below the rank of superintendent that the member concerned has information regarding a relevant offence in respect of which the person was acquitted which has come to the knowledge of the Garda S\u00edoch\u00e1na since the person\u2019s acquittal,<\/p>\n<p>(b) that there are reasonable grounds for suspecting that evidence of, or relating to, the matters referred to in paragraph (a) is to be found in a place owned or occupied or partly owned or occupied by the person concerned,<\/p>\n<p>(c) that the information referred to in paragraph (a) is likely to reveal or confirm the existence of new and compelling evidence in relation to the person\u2019s suspected participation in the relevant offence concerned,<\/p>\n<p>may issue a warrant for the search of that place and any persons found at that place.<\/p>\n<p>(3) A search warrant under this section shall be expressed, and shall operate, to authorise a named member, accompanied by such other members or persons or both as the member thinks necessary\u2014<\/p>\n<p>(a) to enter, at any time or times within one week of the date of issue of the warrant, on production if so requested of the warrant, and if necessary by the use of reasonable force, the place named in the warrant,<\/p>\n<p>(b) to search it and any persons found at that place, and<\/p>\n<p>(c) to seize anything found at that place, or anything found in the possession of a person present at that place at the time of the search, that the member reasonably believes to be evidence of, or relating to, the commission of the relevant offence.<\/p>\n<p>(4) A member acting under the authority of a search warrant under this section may\u2014<\/p>\n<p>(a) require any person present at the place where the search is being carried out to give to the member his or her name and address,<\/p>\n<p>(b) arrest without warrant any person who\u2014<\/p>\n<p>(i) obstructs or attempts to obstruct the member in the carrying out of his or her duties,<\/p>\n<p>(ii) fails to comply with a requirement under paragraph (a), or<\/p>\n<p>(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.<\/p>\n<p>(5) A person who obstructs or attempts to obstruct a member acting under the authority of a search warrant under this section, who fails to comply with a requirement under subsection (4)(a), or who gives a false or misleading name or address to a member shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u20ac3,000 or imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>(6) Proceedings under this section shall be heard otherwise than in public.<\/p>\n<p>(7) This section shall not apply to a relevant offence in respect of which a person was the subject of a special verdict under section 5 of the Criminal Law (Insanity) Act 2006.<\/p>\n<p>(8) Nothing in this section shall affect the operation of section 7 of the Criminal Justice Act 2006.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nA fine of \u20ac3,000 translates into a class B fine, not greater than \u20ac4,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Chapter 4<\/p>\n<p>Miscellaneous<\/p>\n<h4>Admissibility of evidence in proceedings under Part.<\/h4>\n<p>19.\u2014 (1) A failure on the part of a member of the Garda S\u00edoch\u00e1na to observe any provision of this Part shall not of itself render that member liable to any criminal or civil proceedings or (without prejudice to the power of the court to exclude evidence at its discretion) shall not of itself affect the admissibility of any evidence obtained otherwise than in accordance with this Part.<\/p>\n<p>(2) A failure on the part of any member of the Garda S\u00edoch\u00e1na to observe any provision of this Part shall render that member liable to disciplinary proceedings.<\/p>\n<h4>Other appeals or review rights not affected.<\/h4>\n<p>20.\u2014 Nothing in this Part shall affect any right of appeal or review provided by this Act or any other enactment or rule of law.<\/p>\n<p>Application of section 6 of Prosecution of Offences Act 1974.<\/p>\n<p>21.\u2014 Section 6 of the Prosecution of Offences Act 1974 shall, with any necessary modifications, apply to communications made to the persons mentioned in that section for the purpose of influencing the making of a decision in relation to an application under this Part as it applies to such communications made for the purposes of making a decision to withdraw or not to initiate criminal proceedings or any particular charge in criminal proceedings.<\/p>\n<h4>Rules of court and expeditious hearings.<\/h4>\n<p>22.\u2014 Rules of court may make provision for the expeditious hearing of\u2014<\/p>\n<p>(a) proceedings under this Part, and<\/p>\n<p>(b) re-trials ordered under section 10.<\/p>\n<p>PART 4<\/p>\n<h4>Appeals and Matters Relating to Appeals<\/h4>\n<p>Chapter 1<\/p>\n<h4>With prejudice prosecution appeals<\/h4>\n<h4>Appeals by Director etc., in certain criminal proceedings.<\/h4>\n<p>23.\u2014 (1) Where on or after the commencement of this section, a person is tried on indictment and acquitted of an offence, the Director, if he or she is the prosecuting authority in the trial, or the Attorney General as may be appropriate, F4[may, subject to subsection (3) and section 24, appeal the acquittal in respect of the offence concerned on a question of law to\u2014<\/p>\n<p>(I) the Court of Appeal, or<\/p>\n<p>(II) in the case of a person who is tried on indictment in the Central Criminal Court, the Court of Appeal or the Supreme Court under Article 34.5.4\u00b0 of the Constitution.]<\/p>\n<p>F4[(2) Where a person\u2019s conviction of an offence on indictment is quashed on appeal by the Court of Appeal and the Court makes no order for the re-trial of the person in respect of the offence, the Director, if he or she is the prosecuting authority in the trial, or the Attorney General, as may be appropriate, may, subject to subsection (3) and section 24, appeal the decision of the Court of Appeal not to order a re-trial of the offence concerned on a question of law to the Supreme Court under Article 34.5.3\u00b0 of the Constitution.]<\/p>\n<p>(3) F4[An appeal referred to in this section] shall lie only where\u2014<\/p>\n<p>F4[(a) a ruling was made by a court\u2014<\/p>\n<p>(i) during the course of a trial referred to in F5[subsection (1),]<\/p>\n<p>F6[(ia) during the course of a preliminary trial hearing within the meaning of the Criminal Procedure Act 2021 which was not appealed under section 7 of that Act, or]<\/p>\n<p>(ii) during the hearing of an appeal referred to in subsection (2),<\/p>\n<p>which erroneously excluded compelling evidence, or,]<\/p>\n<p>(b) a direction was given by a court during the course of a trial referred to in subsection (1), directing the jury in the trial to find the person not guilty where\u2014<\/p>\n<p>(i) the direction was wrong in law, and<\/p>\n<p>(ii) the evidence adduced in the proceedings was evidence upon which a jury might reasonably be satisfied beyond a reasonable doubt of the person&#8217;s guilt in respect of the offence concerned.<\/p>\n<p>F4[(4) An appeal referred to in this section shall be made on notice to the person who is the subject of the appeal within 28 days or such longer period not exceeding 56 days as\u2014<\/p>\n<p>(a) in the case of an appeal referred to in subsection (1), the Court of Appeal or the Supreme Court, as the case may be, or<\/p>\n<p>(b) in the case of an appeal referred to in subsection (2), the Supreme Court,<\/p>\n<p>may, on application to it in that behalf, determine, from the day on which the person was acquitted or the conviction was quashed, as the case may be.]<\/p>\n<p>(5) Where a person fails to appear before F4[the Supreme Court or the Court of Appeal, as the case may be,] in respect of the appeal, the Court, if it is satisfied that it is, in all the circumstances, in the interests of justice to do so, may proceed to hear and determine the appeal in the absence of the person concerned.<\/p>\n<p>(6) F4[For the purposes of considering an appeal referred to in this section the Supreme Court or the Court of Appeal, as the case may be,] shall hear argument\u2014<\/p>\n<p>(a) by, or by counsel on behalf of, the Director, or as the case may be, the Attorney General,<\/p>\n<p>(b) by the person who is the subject of the appeal or by counsel on his or her behalf, and<\/p>\n<p>(c) if counsel are assigned under subsection (7), by such counsel.<\/p>\n<p>(7) F4[The Supreme Court or the Court of Appeal, as the case may be, shall assign counsel to argue in support of the acquittal referred to in subsection (1) or the decision not to order a re-trial referred to in subsection (2), as the case may be, if]\u2014<\/p>\n<p>(a) the person who is the subject of the appeal does not wish to be represented or heard under subsection (6)(b), or<\/p>\n<p>(b) notwithstanding the fact that the person concerned exercises his or her right to be represented or heard under subsection (6)(b), the Court considers it desirable in the public interest to do so.<\/p>\n<p>F4[(8) Where an appeal referred to in this section has been made to the Court of Appeal or the Supreme Court and a legal aid (appeal) certificate or, as the case may be, a legal aid (Supreme Court) certificate, is granted under subsection (9), or deemed to have been granted under subsection (10), in respect of the person who is the subject of the appeal, he or she shall be entitled to free legal aid in the preparation and conduct of any argument that he or she wishes to make to the Court of Appeal or the Supreme Court, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of the Act of 1962.]<\/p>\n<p>F4[(9) The person may, in relation to an appeal referred to in this section, apply for a legal aid (appeal) certificate to the Court of Appeal or a legal aid (Supreme Court) certificate to the Supreme Court, as the case may be, either\u2014<\/p>\n<p>(a) by letter to the registrar of the Court of Appeal or, as the case may be, the registrar of the Supreme Court, setting out the facts of the case and the grounds of the application, or<\/p>\n<p>(b) to the Court of Appeal, or the Supreme Court, itself, as the case may be,<\/p>\n<p>and the Court concerned shall grant the certificate if (but only if) it appears to the Court that the means of the person are insufficient to enable him or her to obtain legal aid.]<\/p>\n<p>(10) If a legal aid (trial on indictment) certificate was granted under the Act of 1962 in respect of the person concerned in relation to the earlier proceedings in respect of the offence concerned, F4[a legal aid (Supreme Court) certificate or a legal aid (appeal) certificate, as the case may be,] shall be deemed to have been granted in respect of him or her F4[in relation to an appeal referred to in this section].<\/p>\n<p>(11) F4[On hearing an appeal referred to in subsection (1) the Court of Appeal may]\u2014<\/p>\n<p>(a) quash the acquittal F7[\u2026] and order the person to be re-tried for the offence concerned if it is satisfied\u2014<\/p>\n<p>(i) that the requirements of F4[subsection (3)(a)(i) or (b)], as the case may be, are met, and<\/p>\n<p>(ii) that, having regard to the matters referred to in subsection (12), it is, in all the circumstances, in the interests of justice to do so,<\/p>\n<p>or<\/p>\n<p>(b) if it is not so satisfied, affirm the acquittal F7[\u2026].<\/p>\n<p>F8[(11A) On hearing an appeal referred to in this section, the Supreme Court may\u2014<\/p>\n<p>(a) quash the acquittal or reverse the decision of the Court of Appeal, as the case may be, and order the person to be re-tried for the offence concerned if it is satisfied\u2014<\/p>\n<p>(i) that the requirements of subsection (3)(a) or (b), as the case may be, are met, and<\/p>\n<p>(ii) that, having regard to the matters referred to in subsection (12), it is, in all the circumstances, in the interests of justice to do so,<\/p>\n<p>or<\/p>\n<p>(b) if it is not so satisfied, affirm the acquittal or the decision of the Court of Appeal, as the case may be.]<\/p>\n<p>(12) F4[In determining whether to make an order under paragraph (a) of subsection (11) or (11A), the Court of Appeal or the Supreme Court, as the case may be,] shall have regard to\u2014<\/p>\n<p>(a) whether or not it is likely that any re-trial could be conducted fairly,<\/p>\n<p>(b) the amount of time that has passed since the act or omission that gave rise to the indictment,<\/p>\n<p>(c) the interest of any victim of the offence concerned, and<\/p>\n<p>(d) any other matter which it considers relevant to the appeal.<\/p>\n<p>(13) (a) F4[The Court of Appeal or the Supreme Court, as the case may be,] may make an order for a re-trial under this section subject to such conditions and directions as it considers necessary or expedient (including conditions and directions in relation to the staying of the re-trial) to ensure the fairness of the re-trial.<\/p>\n<p>(b) Subject to paragraph (a), where F4[the Court of Appeal or the Supreme Court, as the case may be,] makes an order for a re-trial under this section, the re-trial shall take place as soon as practicable.<\/p>\n<p>F9[(14) In this section\u2014<\/p>\n<p>&#8220;compelling evidence&#8221;, in relation to a person, means evidence which\u2014<\/p>\n<p>(a) is reliable,<\/p>\n<p>(b) is of significant probative value, and<\/p>\n<p>(c) is such that, when taken together with\u2014<\/p>\n<p>(i) all the other evidence adduced in the proceedings concerned, and<\/p>\n<p>(ii) to the extent that such evidence has not been adduced, the relevant evidence proposed to be adduced in the proceedings,<\/p>\n<p>a jury might reasonably be satisfied beyond a reasonable doubt of the person\u2019s guilt in respect of the offence concerned;<\/p>\n<p>&#8220;relevant evidence&#8221;, in relation to a person, means the proposed evidence\u2014<\/p>\n<p>(a) contained in such of the following as have been served on the person or his or her solicitor pursuant to section 4B or 4C of the Act of 1967:<\/p>\n<p>(i) the documents specified in section 4B(1)(b) of that Act;<\/p>\n<p>(ii) exhibits listed in the list of exhibits referred to in section 4B(1)(b)(vii) of that Act;<\/p>\n<p>(iii) the documents specified in section 4C(1) of that Act;<\/p>\n<p>(iv) the exhibits referred to in the list of exhibits referred to in section 4C(1)(g) of that Act,<\/p>\n<p>or<\/p>\n<p>(b) given in a videorecording of an interview made under section 16(1) of the Act of 1992, in relation to which the accused has been notified and given an opportunity of seeing the videorecording in accordance with section 15(1) of that Act.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nSubstituted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 71(b), S.I. No. 479 of 2014.<\/p>\n<p>F5<br \/>\nSubstituted (28.02.2022) by Criminal Procedure Act 2021 (7\/2021), s. 17(a)(i), S.I. No. 79 of 2022.<\/p>\n<p>F6<br \/>\nInserted (28.02.2022) by Criminal Procedure Act 2021 (7\/2021), s. 17(a)(ii), S.I. No. 79 of 2022.<\/p>\n<p>F7<br \/>\nDeleted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 71(b), S.I. No. 479 of 2014.<\/p>\n<p>F8<br \/>\nInserted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 71(b), S.I. No. 479 of 2014.<\/p>\n<p>F9<br \/>\nSubstituted (28.02.2022) by Criminal Procedure Act 2021 (7\/2021), s. 17(b), S.I. No. 79 of 2022.<\/p>\n<h4>No appeal in certain circumstances.<\/h4>\n<p>24.\u2014 No appeal shall lie under section 23 from an acquittal following a re-trial ordered under subsection (1) or (2) of section 10.<\/p>\n<h4>Orders to safeguard fairness of re-trial.<\/h4>\n<p>25.\u2014 (1) Subject to this section, a proceeding under section 23 shall be conducted in open court.<\/p>\n<p>(2) Where F10[the Court of Appeal or the Supreme Court, as the case may be,] is conducting a proceeding under section 23 and is satisfied that it is in the interests of justice 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>other than bona fide representatives of the Press.<\/p>\n<p>(3) F10[The Court of Appeal or the Supreme Court, as the case may be,] may, if it considers that it is in the interests of justice to do so, make an order prohibiting the publication or broadcast of\u2014<\/p>\n<p>(a) any evidence given or referred to during the proceeding, or<\/p>\n<p>(b) any matter identifying or having the effect of identifying any person who is the subject of an appeal under section 23, or any other person connected with the re-trial for which an order is sought.<\/p>\n<p>(4) An order under subsection (3) ceases to have effect (unless it specifies an earlier date)\u2014<\/p>\n<p>(a) when there is no longer any step that could be taken which would lead to the person concerned being re-tried pursuant to an order under section 23, or<\/p>\n<p>(b) where the person concerned is re-tried pursuant to an order under section 23, at the conclusion of the trial.<\/p>\n<p>(5) (a) If any matter is published or broadcast in contravention of subsection (3), the following persons, namely\u2014<\/p>\n<p>(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,<\/p>\n<p>(ii) in the case of any other publication, the person who publishes it, and<\/p>\n<p>(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(b) A person guilty of an offence under paragraph (a) shall be liable\u2014<\/p>\n<p>(i) on summary conviction, to a fine not exceeding \u20ac5,000 or to imprisonment for a term not exceeding 12 months or to both, or<\/p>\n<p>(ii) on conviction on indictment, to a fine not exceeding \u20ac50,000 or to imprisonment for a term not exceeding 3 years or to both.<\/p>\n<p>(c) Where an offence under paragraph (a) is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributable to, any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(d) Where the affairs of a body corporate are managed by its members, paragraph (c) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.<\/p>\n<p>(6) Nothing in this section shall affect the operation of any other enactment that imposes restrictions on the extent to which information relating to court proceedings may be published or broadcast.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\nSubstituted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 71(c), S.I. No. 479 of 2014.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E7<br \/>\nBreach of order under subs. (3) may be an offence as provided by Broadcasting Act 2009 (18\/2009), s. 139A and sch. 3 para. 27, as inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41\/2022), ss. 45, 46, S.I. No. 71 of 2023, art. 2(c).<\/p>\n<p>E8<br \/>\nA fine of \u20ac5,000 translates into a class A fine, not greater than \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<h4>Order for re-trial following appeal under section 23.<\/h4>\n<p>26.\u2014 (1) Where a person is ordered under section 23 to be re-tried for an offence he or she may, notwithstanding any rule of law, be again indicted and tried and, if found guilty, sentenced for that offence.<\/p>\n<p>(2) In a case to which subsection (1) relates, F11[the Court of Appeal or the Supreme Court, as the case may be,] may\u2014<\/p>\n<p>(a) order that the person concerned be detained in custody or admitted to bail pending the re-trial on such terms as that Court thinks proper,<\/p>\n<p>(b) where the person does not appear before the Court for the hearing and determination of the appeal, issue a warrant for his or her arrest.<\/p>\n<p>(3) F11[A legal aid (appeal) certificate or a legal aid (Supreme Court) certificate] which was granted in relation to the proceedings under section 23, or in the case of a person who waived his or her right to be represented in respect of those proceedings and a legal aid (trial on indictment) certificate was granted to him or her in respect of the original proceedings, the legal aid (trial on indictment) certificate, shall have effect as if it had been granted also in relation to a re-trial ordered under section 23.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nSubstituted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 71(d), S.I. No. 479 of 2014.<\/p>\n<h4>Amendment of section 3 of Criminal Justice Act 1994.<\/h4>\n<p>27.\u2014 Subsection 16 of section 3 of the Criminal Justice Act 1994 is amended, in paragraph (f), by the substitution of the following subparagraph for subparagraph (i):<\/p>\n<p>\u201c(i) (I) when the defendant is acquitted on all counts, or<\/p>\n<p>(II) where the provisions of section 23 of the Criminal Procedure Act 2010 apply to the proceedings\u2014<\/p>\n<p>(A) when the time period for an appeal under that section has expired and no appeal has been made,<\/p>\n<p>(B) where an appeal has been made but no re-trial is ordered, at the conclusion of the appeal proceedings under the section, or<\/p>\n<p>(C) where a re-trial has been ordered, at the conclusion of the re-trial;\u201d.<\/p>\n<h4>Other appeals or review rights not affected.<\/h4>\n<p>28.\u2014 Nothing in this Chapter shall affect any right of appeal or review provided by this Act or any other enactment or rule of law.<\/p>\n<h4>Application of section 6 of Prosecution of Offences Act 1974.<\/h4>\n<p>29.\u2014 Section 6 of the Prosecution of Offences Act 1974 shall, with any necessary modifications, apply to communications made to the persons mentioned in that section for the purpose of influencing the making of a decision in relation to a proceeding under this Chapter as it applies to such communications made for the purposes of making a decision to withdraw or not to initiate criminal proceedings or any particular charge in criminal proceedings.<\/p>\n<h4>Rules of court and expeditious hearings.<\/h4>\n<p>30.\u2014 Rules of court may make provision for the expeditious hearing of proceedings under section 23 or re-trials ordered under that section.<\/p>\n<p>Chapter 2<\/p>\n<p>Miscellaneous matters relating to appeals<\/p>\n<h4>Amendment of Courts of Justice Act 1924.<\/h4>\n<p>31.\u2014 The Courts of Justice Act 1924 is amended\u2014<\/p>\n<p>(a) in section 29\u2014<\/p>\n<p>(i) by the insertion of the following subsections after subsection (2):<\/p>\n<p>\u201c(2A) Subject to subsection (2B), a person who has appealed his or her conviction to the Court of Criminal Appeal and who has been granted a re-trial by that Court, may, without prejudice to the determination by the Court to grant a re-trial, appeal to the Supreme Court in respect of a matter raised by him or her in the Court of Criminal Appeal in relation to which that Court\u2014<\/p>\n<p>(a) did not make a determination, or<\/p>\n<p>(b) made a determination against him or her.<\/p>\n<p>(2B) A person may only appeal to the Supreme Court where\u2014<\/p>\n<p>(a) the matter which is the subject of the appeal is one that is relevant to the conduct of his or her defence in the re-trial, and<\/p>\n<p>(b) the Court of Criminal Appeal or the Attorney General in any case or, if he or she is the prosecuting authority in the matter, the Director of Public Prosecutions, certifies that the matter involves a point of law of exceptional public importance and that it is desirable in the public interest that the person should take an appeal to the Supreme Court.\u201d,<\/p>\n<p>and<\/p>\n<p>(ii) by the substitution, in subsection (5A) of \u201c(2), (2A), (2B) or (3)\u201d for \u201c(2) or (3)\u201d,<\/p>\n<p>(b) by the substitution of the following section for section 31:<\/p>\n<p>\u201c<\/p>\n<h4>Appeal from Central Criminal Court.<\/h4>\n<p>31.\u2014 A person convicted on indictment before the Central Criminal Court may appeal under this Act to the Court of Criminal Appeal.\u201d,<\/p>\n<p>(c) by the substitution of the following section for section 32:<\/p>\n<p>\u201c<\/p>\n<h4>Court of Criminal Appeal may make certain orders pending determination of appeal.<\/h4>\n<p>32.\u2014 The Court of Criminal Appeal shall have power to make any order it may think fit, including an order admitting the appellant to bail, pending the determination of his appeal.\u201d,<\/p>\n<p>and<\/p>\n<p>(d) in section 33, by the substitution of the following subsection for subsection (1):<\/p>\n<p>\u201c(1) The appeal shall be heard and determined by the Court of Criminal Appeal (\u2018 the court\u2019 ) on\u2014<\/p>\n<p>(a) a record of the proceedings at the trial and on a transcript thereof verified by the judge before whom the case was tried, and<\/p>\n<p>(b) where the trial judge is of opinion that the record or transcript referred to in paragraph (a) of this subsection does not reflect what took place during the trial, a report by him as to the defects which he considers such record or transcript, as the case may be, contains,<\/p>\n<p>with power to the court to hear new or additional evidence, and to refer any matter for report by the said judge.\u201d.<\/p>\n<h4>Amendment of section 44 of Offences Against the State Act 1939.<\/h4>\n<p>32.\u2014 The Offences Against the State Act 1939 is amended, in section 44, by the substitution of the following subsection for subsection (1):<\/p>\n<p>\u201c(1) A person convicted by a Special Criminal Court of any offence or sentenced by a Special Criminal Court to suffer any punishment may appeal to the Court of Criminal Appeal from such conviction or sentence.\u201d.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-27861\" data-postid=\"27861\" class=\"themify_builder_content themify_builder_content-27861 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>2010 Act The Criminal Procedure Act 2010 reforms law in relation to a number of matters. Some of the matters were considered by the Criminal Law Review Group and were the subject of recommendations in its 2007 report. The 2010 Act modifies the rule against double jeopardy to allow persons who have been acquitted to [&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\/27861"}],"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=27861"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27861\/revisions"}],"predecessor-version":[{"id":33864,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27861\/revisions\/33864"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=27861"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=27861"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=27861"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}