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S.I. No. 234/1975: OFFENCES AGAINST THE STATE ACTS, 1939 to 1972 SPECIAL CRIMINAL COURT RULES, 1975.

OFFENCES AGAINST THE STATE ACTS, 1939 to 1972 SPECIAL CRIMINAL COURT RULES, 1975.

WHEREAS it is enacted bysection 38(1) of theOffences against the State Act, 1939(No. 13 of 1939) (hereinafter referred to as the Act) that as soon as may be after the coming into force of Part V of the Act, there shall be established for the purposes of that Part of the Act a Court which shall be styled and known, and is in the Act referred to, as a Special Criminal Court;

AND WHEREAS by a Proclamation dated the 26th day of May, 1972, the Government ordered that Part V of the Act should come into force;

AND WHEREAS a Special Criminal Court was established on the 30th day of May, 1972;

AND WHEREAS it is enacted by section 41 (1) of the Act that every Special Criminal Court shall have power in its absolute discretion, to appoint the times and places of its sittings, and shall have control of its own procedure in all respects and shall for that purpose make, with the concurrence of the Minister for Justice, rules regulating its practice and procedure and may in particular provide by such rules for the issuing of summonses, the procedure for bringing (in custody or on bail) persons before it for trial, the admission or the exclusion of the public to or from its sittings, the enforcing of the attendance of witnesses, and the production of documents.

NOW THEREFORE the Special Criminal Court established on the 30th day of May, 1972, in pursuance of the power vested in it hereby makes, with the concurrence of the Minister for Justice the following Rules:—

Dated the 3rd day of October, 1975.

(Signed)

}

Members of the Special Criminal Court.

A. Denis Pringle

J. C. Conroy

P. Noel Ryan

Gerard Clarke

CathalÓFloinn

Desmond O'Hagan

B. J. Carroll

I concur in the making of these Rules.

Dated the 3rd day of October, 1975.

PATRICK COONEY,

Minister for Justice.

OFFENCES AGAINST THE STATE ACTS, 1939 to 1972 SPECIAL CRIMINAL COURT RULES, 1975.

1. These Rules shall come into operation on the 13th day of October, 1975, and may be cited as the Special Criminal Court Rules, 1975.

They shall apply, when appropriate, to all proceedings, taken on or after that day and in all cases then pending before the Court.

As from the said date the Special Criminal Court Rules, 1972, are annulled and the following Rules shall stand in lieu thereof.

INTERPRETATION.

2. TheInterpretation Act, 1937, shall apply to these Rules.

3.Inthese Rules

theterm "the Acts" means theOffences against the State Act, 1939(No. 13 of 1939), as amended by theOffences against the State (Amendment) Act, 1972(No. 26 of 1972), and any other Act amending or extending the same;

theterm "the Principal Act" means theOffences against the State Act, 1939;

the term "the Court" means the Special Criminal Court established by an Instrument made and published by the Government on the 30th day of May, 1972, and shall include, where the context so admits, the members of the Court sitting for the purpose of the trial of any person or the making of any Order, or the exercise of any other function or jurisdiction;

the term "Director of Public Prosecutions" means the person for the time being holding the Office of Director of Public Prosecutions by virtue of theProsecution of Offences Act, 1974(No. 22 of 1974) where the context so permits or requires and shall include any person performing the functions of the Director of Public Prosecutions by virtue of that Act;

the word "exhibits" includes all books, papers and documents, and all other property, matters and things whatsoever connected with the proceedings against any person if the same have been transmitted to the Court or have been produced and used in evidence during such proceedings or on any application made to the Court in reference to any such proceedings or intended proceedings and any written statement handed into Court by such person but does not include the statement of evidence that is to be given by each of the witnesses, or the original deposition of any witness examined before the Justice of the District Court or any indictment against any such person;

theword "person" includes a corporation;

theterm "the Registrar" means the Registrar of the Court;

theterm "Official Stenographer" means the person appointed to attend the trial, and, where necessary, to make a report.

SITTINGS OF THE COURT.

4. Sittings of the Court shall be held at such places and at such times as may be decided by the Court.

5. The Registrar shall give notice of the place and time of each sitting of the Court to the Chief State Solicitor and to persons to be tried at such sitting. If a person for trial is represented by a solicitor, the Registrar may also give such notice to the solicitor for such person.

6. (1)Themembers of the Court shall take their seats in such order as the Court may decide and the Court shall decide which member shall preside.

(2) The decision of the Court shall be pronounced by the presiding member.

7. (1) The Court shall be an open Court to the sittings of which the public generally shall have access so far as the same can conveniently be provided and subject to such conditions and limitations as the Court may at any time and from time to time impose.

(2) Without prejudice to the generality of the power to impose conditions provided in sub-paragraph (1) hereof the Court shall have power:

(a) to limit the number of members of the public, other thanbona fiderepresentatives of the Press, who may have access to a sitting of the Court either generally or for the hearing of any particular trial or trials,

(b) toauthorisemembers of theGardaSíochánato prevent from attending any sitting of the Court any person who the Court has reason to believe is likely to interfere with the proceedings,

(c) to direct the removal from the Court of any person interfering with its proceedings.

(3) Where the Court is satisfied that because of the special nature of, or of the circumstances of, any trial or proceeding before it, it is desirable in the interests of justice, or for the protection of the accused or any other person to do so, the Court may exclude from the hearing or from any specified portion of the hearing the public or any members of the public other thanbona fiderepresentatives of the Press.

(4) The Court may permit a witness to give his name and address in writing to the members of the Court and may also permit a witness including the accused to give the name and address of any person mentioned in his evidence in writing to the Court.

(5) The Court may direct that the name, address, or the evidence or any part of the evidence of any witness shall not be published.

8. The Court may direct that a witness shall not remain in Court while the evidence of another witness is being given and may make provision for the separation of witnesses from each other.

INDICTABLE CASES OTHER THAN CASES BROUGHT UNDER SECTION 47 OF THE PRINCIPAL ACT.

9. (1) Where a person charged with an indictable offence has been sent forward by a Justice of the District Court for trial to the Central Criminal Court or to the Circuit Court on such charge, and the High Court makes an Order for the transfer of the trial of such person on such charge to the Court, the appropriate County Registrar, within seven days of the making thereof, shall transmit to the Registrar all documents and exhibits in his custody relating to the trial of such person on such charge together with the indictment (if any) which shall have been filed with him relating to such trial.

(2) In any such case the Chief State Solicitor shall file with the Registrar a certified copy of the Order of the High Court within seven days of the making thereof.

10. (1) In the case of an indictable offence the Chief State Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged.

(2) The provisions of theCriminal Justice Administration Act, 1924, andsection 18of theCriminal Procedure Act, 1967, shall, with necessary modifications, apply to every such indictment.

11. Where, in the case of an indictable offence,

(a) a person is sent forward to the Court for trial by a Justice of the District Court, or

(b) the High Court has under the Principal Act transferred the trial of any person to the Court,

suchperson shall be entitled, on applyingthereforto the Registrar, to receive from the Registrar free of charge

(i)acopy of the indictment, and

(ii)copiesof the depositions (if any) relating to the offences with which he is charged.

12. In the case of an indictable offence, where a person has been sent forward to the Court for trial the Director of Public Prosecutions shall cause to be served on him a list of any further witnesses whom he proposes to call at the trial, with a statement of the evidence that is to be given by each of them, a list of any further exhibits, a statement of any further evidence that is to be given by any witness whose name appears on the list of witnesses already supplied, and copies of any statement recorded, or any deposition taken undersection 7of theCriminal Procedure Act, 1967, and any deposition taken under section 14 of that Act.

13. Where a person charged with an indictable offence is sent or sent forward by a Justice of the District Court to the Court for trial, the Clerk for the Court area where such order was made shall, within seven days of the making of the order, transmit to the Registrar such of the following documents as are relevant to the case:—

(a) a statement of the charges upon which the accused was sent or sent forward for trial,

(b) any sworn information in writing upon which the proceedings were initiated,

(c) a list of witnesses whom it is proposed to call at the trial,

(d) a statement of the evidence that is to be given by each witness,

(e) a list of exhibits (if any),

(f) any deposition or statement taken before any Justice or Peace Commissioner in relation to the charge in respect of which such order was made,

(g) any exhibit put in evidence and handed in to Court,

(h) the order of the Justice sending the accused to the Court for trial or sending the accused forward for trial,

(i) the witness order made by the Justice,

(j) anyrecognisancetaken by the Justice in relation to the case.

SUMMARY CASES OTHER THAN CASES UNDER SECTION 47 OF THE PRINCIPAL ACT.

14. Where a person is brought before a Justice of the District Court charged with an offence which such Justice had jurisdiction to dispose of summarily, and such Justice has sent such person to the Court for trial, the following provisions shall apply—

(a) the Chief State Solicitor, within seven days of the making of such Order by the District Justice, shall furnish to such person a list of the charges to be preferred against him with a summary of the evidence to be given at his trial. Such summary shall not preclude the production of such further evidence as may be adduced by the prosecution at the trial.

(b) the Clerk of the Court Area where such Order was made, within seven days of the making of the Order, shall transmit to the Registrar

(i)astatement of the charges upon which such person was sent for trial,

(ii)theOrder of the District Justice sending such person to the Court for trial,

(iii)anyrecognisancetaken by the Justice in the case,

(iv)anyexhibit handed in to the District Court,

(v)anysworn information in writing upon which the proceedings were initiated.

CASES UNDER SECTION 47 OF THE PRINCIPAL ACT.

15. (1)Wherea person is brought before the Court under section 47 of the Principal Act and charged with an indictable offence, the Chief State Solicitor shall furnish to such person or to his solicitor soauthorisedby him

(a) a list of the charges to be preferred against him,

(b) a list of the witnesses to be called,

(c) a statement of the evidence that is to be given by each of them, and

(d) a list of the exhibits (if any).

(2) An accused person, or his solicitor (ifauthorisedby him so to do) shall have the right to inspect all exhibits.

(3) Copies of the documents referred to in sub-paragraph (1) shall also be furnished to the Court.

(4) Where on the trial of such person the Director of Public Prosecutions proposes to call further witnesses, or to adduce further evidence from a witness on the list of witnesses already supplied, he shall furnish to the Court and to such person or his solicitor soauthorisedby him

(a) a list of further witnesses with a statement of evidence from each,

(b) a statement of any further evidence from a witness whose name appears on the list of witnesses already supplied.

In either case he shall furnish a list of any further exhibits that are to be produced.

(5) (a) In the case of an indictable offence the Chief State Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged and the accused person shall be entitled, on applying to the Registrartherefor, to receive free of charge a copy of such indictment.

(b) The provisions of theCriminal Justice Administration Act, 1924, andsection 18of theCriminal Procedure Act, 1967, shall, with necessary modifications, apply to every such indictment.

16. Where a person is brought before the Court either pursuant to section 47 (1) or section 47 (2) of the Principal Act and charged with a summary offence then

(a) the procedure provided by Rule 15 of these Rules in respect of a person charged before the Court with an indictable offence shall apply;

(b) in any case where such a person is also charged before the Court with an indictable offence such person may, unless the Court otherwise orders, be indicted at his trial on an indictment which includes a count in respect of the summary offence.

17. (1) Where under section 47 of the Principal Act

(a) the Director of Public Prosecutions directs that a person intended to be charged with an offence which is a scheduled offence within the meaning of the Principal Act shall be brought before the Court and there charged with the offence, or

(b) the Director of Public Prosecutions certifies that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of a person whom it is intended to charge with an offence which is not a scheduled offence within the meaning of the Principal Act and the Director of Public Prosecutions then directs that such person whom it is intended to charge with such offence shall be brought before the Court and there charged with such offence

theCourt may on information, or evidence, relating to such offence being given before it, order the issue of a summons (Form 16 or such similar form as the circumstances may require) ordering that such person shall attend before the Court and there be charged with such offence.

(2) The attendance of a person before the Court who has failed to appear in answer to a summons duly served upon him may be procured by the issue of a warrant (Form 17) under an Order of the Court.

(3) The direction of the Director of Public Prosecutions under section 47 (1) of the Principal Act shall be conveyed to the Court either in writing signed by the Director of Public Prosecutions or orally by a person appearing on his behalf, or prosecuting in his name.

(4) The Court may order the issue of a warrant (in such variation of Form 5 or 6 as applicable) for the arrest of such person and the bringing of him in custody to the Court. Nothing in these Rules shall be construed to prohibit the Court from ordering the issue of a warrant whether or not a summons has already been issued.

(5) Where under section 47 of the Principal Act, a person has been brought before the Court either in custody or in answer to a summons, the Court may by warrant (Form 10) commit him to prison or to military custody as the case may be to be there kept until his trial for the offence with which he is charged or admit him to bail in suchrecognisancesand with such sureties as the Court shall direct, conditioned to surrender for his trial by the Court as the Court shall direct, and thereupon the provisions of Rules 18 and 19 shall applymutatis mutandis.

(6) Where a person is brought before the Court under section 47 of the Principal Act by summons under these Rules, the Chief State Solicitor shall furnish to such person and to the Court a summary of the evidence to be given at his trial.

ATTENDANCE AT COURT.

18. (1) The Governor of the Prison or other place in which a person sent, sent forward or transferred to the Court for trial, is detained, shall on receipt of a body warrant (Form 1) produce the said person on the day, at the place and at the hour set out in such warrant.

(2) Where it is required that a person for the time being in custody in prison should be charged pursuant to section 47 of the Principal Act, with any offence, the attendance of such person before the Court may be procured by the issue of a warrant (in such variation of Form 7 or 8 as is applicable), under an Order of the Court.

19. (1) Where a person has been sent, sent forward or transferred to the Court for trial, and is on bail, and has been served with a Notice (Form 2) as to the date, time and place of the sitting of the Court for his trial he shall surrender himself accordingly to such persons as the Court shall, from time to time, direct, and thereupon shall be searched by them, and shall be detained in custody or released on bail as the Court shall direct.

(2) Where such person having been duly served with such Notice fails to surrender himself for his trial as required by this Rule the Court may issue a warrant (in such variation of Form 3 or 4 as applicable) for the apprehension of such person and his detention in prison pending his trial or until further order of the Court, and mayestreathisrecognisanceswhere the same have been entered into under section 43 (1) (f) or section 48 (v) of the Principal Act.

20. Upon the adjournment by the Court of the trial of any person or the postponement of verdict or sentence, the Court may by warrant (Form 11) order the detention of such person in custody pending and until the date of the adjourned hearing of such trial or such postponement.

21. (1) Whenever it shall be made to appear to the Registrar that any person is able to give material evidence either for the prosecution or thedefenceon any trial, the Registrar may issue a summons (Form 12) to such person requiring him to attend at a time and place mentioned in such summons to give evidence on such trial and to produce on such trial such accounts, papers or other documents as shall be in his possession or powers of procurement and as shall be deemed necessary by the Registrar; but whenever the Court shall be satisfied by evidence on oath that it is probable that such person will not attend to give evidence without being compelled to do so, the Court may issue a warrant (Form 13) to arrest such person and to bring him to give evidence on such trial and to produce such accounts, papers and documents as may be required.

(2) Where a person to whom such summons has been issued fails to comply with the requirements of such summons, then upon proof of service of the summons or on being satisfied on evidence on oath that such person is evading service thereof the Court may issue the like warrant as is provided for by the preceding sub-paragraph of this Rule.

(3) Where it is required that a person who is for the time being in custody in prison should attend to give evidence before the Court, the attendance of such person may be procured by the issue of a warrant (Form 9) under an Order of the Court.

22. (1) Service of the Notice referred to in Rules 5 and 19 of these Rules may be effected either by serving the same upon the accused person personally, or by sending the same by prepaid ordinary post addressed to the person to be served at his last or usual place of abode, or to his solicitor, and thereupon it shall be deemed to have been served at the time at which it would have been delivered in the ordinary course of post.

(2) In the case of a summons issued pursuant to Rule 17, or a witness summons issued under Rule 21, such summons shall be served either by a member of theGardaSíochána, by such other person or in such manner as the Court may direct

(a) by delivering to the person to be served a copy of such summons or by leaving such copy for him at his usual or last place of abode or at his office or place of business, with the husband, wife, child, parent, brother, sister or other relation of such person, or with his agent, clerk or servant, not being under the age of sixteen years, and such last mentioned service shall be deemed sufficient except where personal service shall be specially required by the Court,

(b) where the person to be charged is a body corporate, by leaving a copy of such summons at, or sending such copy by prepaid ordinary post to, the registered office of the body corporate within the State or any such office or place within the State at which such body corporate trades or carries on business, or by such other form of substituted service as the Court may direct.

23. Proof of service of a summons or notice may be given by statutory declaration (Form 14) of the person effecting the service, made before a personauthorisedby law to take and receive statutory declarations. Such declaration shall be endorsed upon the back of the original summons or notice and shall be exempt from stamp duty. Provided always that the Court may require the person who hadeffectedthe service of such summons or notice to attend before the Court to give evidence touching such service.

MISCELLANEOUS.

24. When an accused person is not defended he shall, at the close of the case for the prosecution be informed by the presiding member of the Court that:—

(a) he may give evidence in hisdefenceon oath and would then be liable to be cross-examined and to be questioned by the Court, or

(b) he may make a statement not on oath and would then not be liable to be cross-examined or to be questioned by the Court, or

(c) he may make no statement.

An accused person shall also be informed that he may address the Court in hisdefenceand may call witnesses in hisdefence.

25. (1) An official stenographer appointed for the purpose of the Acts by the Minister for Justice shall sign the shorthand note taken by him of any trial or proceeding in the Court or any part of such trial or proceeding and shall certify the same to be a complete and correct shorthand note thereof, and shall lodge the same with the Registrar.

(2) For the purpose of section 44 of the Principal Act the shorthand note of the official stenographer shall consist of the evidence and any objection taken in the course thereof, any statement made by the accused person and the verdict and sentence of the Court, but unless otherwise ordered the Court shall not include any part of the speeches of counsel or solicitor.

26. Everyrecognisanceentered into before the Court shall be in accordance with Form 15 or in such similar form as the circumstances require.

27. (1) The Office of the Registrar shall be at Green Street Courthouse or such other place as shall be fixed by the Court from time to time.

(2) The Registrar shall keep custody of all documents transmitted to or received by him in his capacity as Registrar and all exhibits directed by the Court to be retained by him.

(3) The Registrar shall keep a register containing particulars of all cases for trial by the Court.

28. The oath shall be administered on behalf of the Court by the Registrar, or such other person as the Court shall direct, in the presence of the Court.

29. The Court may abridge or extend the time for doing any act and may adjourn the hearing of any trial or application to the Court or postpone verdict or sentence as it shall think fit.

30. The Court may grant certificates for free legal aid under theCriminal Justice (Legal Aid) Act, 1962(No. 12 of 1962), or any Act amending or extending the same or in substitution thereof, and the Regulations madethereunder, as if the Court were the Central Criminal Court, and as if the person sent, sent forward or transferred to the Court for trial, or brought and charged before the Court, had been returned to the Central Criminal Court for trial.

31. (1) Non-compliance with any of these Rules shall not render any proceedings void, but in case of such non-compliance the Court may direct that the proceedings be treated as void, or that they be set aside in part as irregular, or that they be amended or otherwise dealt with in such manner or upon such terms as the Court thinks fit.

(2) No departure from any of the forms, or omission of any of the particulars required thereby, or use of any other words than those indicated in such forms, shall vitiate or make void the proceedings or matter to which such forms relate, if the form or the words used be otherwise sufficient in substance and effect.

SCHEDULE OF FORMS

FORM 1

Rule 18 (1)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

BODY WARRANT

(Title)

To the Governor of................................................................................................... Prison

Send to ...................................................................... in custody, the body of the said

(defendant) (committed on the day of

19 ) for trial by this Court on the day of

19ato'clock in thenoon.

By Order of the Court.

Dated this day of 19

Signed.....................................................................

Registrar

Special Criminal Court.

FORM 2

Rule 19 (1)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

NOTICE TO ACCUSED PERSON TO ATTEND FOR TRIAL

(Title)

You........................................................are hereby required to attend for your trial at the sitting of the Court to be heldat .....................................................onthe day of 19 at o'clock in thenoon, and there to surrender yourself to such person as the Court shall direct.

By Order of the Court.

Dated this day of 19

Signed ...............................................................................

Registrar

Special Criminal Court.

To

of

FORM 3

Rule 19 (2)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

WARRANT FOR ARREST OF PERSON ON BAIL

(Person sent, sent forward, or transferred on bail)

(Title)

To the Superintendent,GardaSíochána,at ......................................................................................

WHEREAS Part V of the Offences against the State Act, 1939 is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;

AND WHEREAS the Special Criminal Court was established by an Instrument made and published by the Government on the 30th day of May, 1972;

AND WHEREAS thesaid ...................................................................(defendant) was sent (sent forward) (transferred) for trial to this Court on bail charged with the offence(s) set out in the Schedule hereunder;

AND WHEREAS due notice was given to thesaid .......................................................................(defendant) of the date, time and place of his trial;

AND WHEREAS the said............................................................................. (defendant) has failed to surrender himself for his trial in accordance with the aforesaid notice.

THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend thesaid ...........................................................of......................................................... and to bring him without undue delay before the said Court.

SCHEDULE

By Order of the Court.

Dated this day of 19

Signed............................................................................................

Registrar

Special Criminal Court.

FORM 4

Rule 19 (2)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

WARRANT FOR ARREST OF PERSON ON BAIL

(Person granted bail by the Special Criminal Court or by the High Court, otherwise than on a transfer by that Court)

(Title)

To the Superintendent,GardaSíochána,at .....................................................................................................

WHEREAS Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;

AND WHEREAS the Special Criminal Court was established by an Instrument made and published by the Government on the 30th day of May, 1972;

AND WHEREAS the said................................................................ (defendant) was brought before this Court under section 47 of the said Act charged with the offence(s) set out in the Schedule hereunder;

AND WHEREAS the said.................................................................. (defendant) was admitted to bail by this Court *(the High Court) conditioned for his appearance before this Court on the day of 19 , at m.

AND WHEREAS due notice was given to thesaid ..............................................................(defendant) of the date, time and place of his trial;

AND WHEREAS the said..................................................................... (defendant) has failed to appear at the said time and place;

THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said ...................................................................... of ........................................................................and to bring him without undue delay before the said Court.

*Delete where inapplicable.

SCHEDULE

By Order of the Court.

Dated this day of 19

Signed .............................................................................................

Registrar

Special Criminal Court.

FORM 5

Rule 17 (4)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

WARRANT TO ARREST UNDER SECTION 47

(Scheduled Offence)

(Title)

To theSuperintendant,GardaSíochána, at................................................................................................

WHEREAS Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;

AND WHEREAS the Special Criminal Court was established by an Instrument made and published by the Government on the 30th day of May, 1972;

AND WHEREAS it is intended under section 47 of the said Offences against the State Act to charge the said.................................................... (defendant) with the offence(s) * set out in the Schedule hereunder (being (an)* offence(s)* which is (are)* (a)* scheduled offence(s)* under the said Act);

AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has directed that the said................................................... (defendant) be brought before this Court to be charged with the said offence(s)*

THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said .................................................of............................ ..........................and to bring him without undue delay before this Court to be charged with the said offence(s)*.

*Make the appropriate deletion or adjustment to suit the facts.

SCHEDULE

By Order of the Court.

Dated this day of 19

Signed ...........................................................................

Registrar

Special Criminal Court.

FORM 6

Rule 17 (4)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

WARRANT TO ARREST UNDER SECTION 47

(Non-Scheduled Offence)

(Title)

To the Superintendent,GardaSíochána,at ...............................................................................................

WHEREAS Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;

AND WHEREAS the Special Criminal Court was established by an Instrument made and published by the Government on the 30th day of May, 1972;

AND WHEREAS it is intended under section 47 of the said Offences against the State Act to charge the said............................................... (defendant) with the offence(s) * set out in the Schedule hereunder (not being (an)* offence(s)* which (is)* (are)* (a)* scheduled offence(s)* under the said Act);

AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has certified that the ordinary Courts are in his opinion inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of thesaid ............................(defendant) on the said charge(s)* and has directed that the said ........................................... (defendant) be brought before this Court to be charged with the said offence(s)*;

THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend the said ...............................................of...........................................................andto bring him without undue delay before this Court to be charged with the said offence(s)*.

*Make the appropriate deletion or adjustment to suit the facts.

SCHEDULE

By Order of the Court.

Dated this day of 19

Signed.....................................................................................

Registrar

Special Criminal Court.

FORM 7

Rule 18 (1)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

BODY WARRANT

Scheduled Offence)

(Title)

To the Governor of..............................................................................................Prison.

WHEREAS Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;

AND WHEREAS the Special Criminal Court was established by an Instrument made and published by the Government on the 30th day of May, 1972;

AND WHEREAS it is intended under section 47 of the said Offences against the State Act to charge the said. ....................................................... (defendant) with the offence(s) * set out in the schedule hereunder

(being (an)* offence(s)* which is (are)* (a)* scheduled offence(s)* under the said Act);

AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has directed that the said.................................................................. (defendant) be brought before this Court to be charged with the said offence(s)*

THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to have the said..................................................................................................... (defendant) (committedon the day of 19 ) before this Court on the day of 19 at o'clock in thenoonto be charged with the said offence(s)*.

*Make the appropriate deletion or adjustment to suit the facts.

SCHEDULE

By Order of the Court.

Dated this day of 19

Signed ......................................................................................................

Registrar

Special Criminal Court.

FORM 8

Rule 18 (2)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

BODY WARRANT

(Non-Scheduled Offence)

(Title)

To the Governor of.............................................................................................. Prison.

WHEREAS Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;

AND WHEREAS the Special Criminal Court was established by an Instrument made and published by the Government on the 30th day of May, 1972;

AND WHEREAS it is intended under section 47 of the said Offences against the State Act to charge the said (defendant) with the offence(s)* set out in the Schedule hereunder (not being (an)* offence(s)* which is (are)* (a)* scheduled offence(s)* under the said Act);

AND WHEREAS in accordance with section 47 of the said Act the Director of Public Prosecutions has certified that the ordinary Courts are in his opinion inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of the said.............................................. (defendant) on the said charge(s)* and has directed that the said .............................................................. ................................. (defendant) be brought before this Court to be charged with the said offence(s)*;

THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to have the said..................................................................................................... (defendant) (committedon the day of 19 ) before this Court on the day of 19 at o'clock in thenoonto be charged with the said offence(s)*.

*Make the appropriate deletion or adjustment to suit the facts.

SCHEDULE

By Order of the Court.

Dated this day of 19

Signed ...................................................................................................

Registrar

Special Criminal Court.

FORM 9

Rule 21 (3)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

BODY WARRANT

(Witness)

(Title)

To the Governor of........................................................................................... Prison.

Send to ........................................................................................................................................ in custody, the body of.....................................................................................................................................

(committedon the day of 19 ) to attend and give evidence at the Trial of the above named defendant on the day of 19 at o'clock in thenoon.

By Order of the Court.

Dated this day of 19

Signed ...............................................................................................

Registrar

Special Criminal Court.

FORM 10

Rule 17 (4)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

COMMITTAL WARRANT

(Cases under section 47)

(Title)

To the Superintendent,GardaSíochána, at ....................................................................................... and the Governor of........................................................................................................................Prison.

WHEREAS Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made and published by the Government on the 29th day of May, 1972;

AND WHEREAS the Special Criminal Court was established by an Instrument made and published by the Government on the 30th day of May, 1972;

*AND WHEREAS in accordance with section 47 of the said Act thesaid .....................................(defendant) by direction of the Director of Public Prosecutions was brought before this Court in custody on the day of 19 and was thereupon charged with the offence(s) set out in the Schedule hereunder (being (an) offence(s) which is (are) (a) scheduled offence(s) under the said Act);

*AND WHEREAS in accordance with section 47 of the said Act thesaid ..........................................(defendant) by direction of the Director of Public Prosecutions was brought before this Court in custody on the day of 19 and was thereupon charged with the offence(s) set out in the Schedule hereunder (not being (an) offence(s) which is (are) (a) scheduled offence(s) under the said Act) and the Director of Public Prosecutions having certified that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of ........................................... (defendant) on such charge(s);

AND WHEREAS the trial of thesaid ............................................................(defendant) for the said offence(s) has been fixed for the day of 19 at o'clock in thenoonat.................................................................

THIS IS THEREFORE TO COMMAND YOU the Superintendent to whom this warrant is addressed to lodge the said.................................................................................... of....................................................................................................................................................................

inthe.........................................................Prison there to be detained by you the Governor of the said Prison when you shall have him at the said sitting to be further dealt with according to law.

*If either of these paragraphs is inappropriate delete, and write the words "not applicable".

SCHEDULE

By Order of the Court.

Dated this day of 19

Signed.............................................................................................................

Registrar

Special Criminal Court

FORM 11

Rule 20

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

COMMITTAL WARRANT

(Pending adjournment of Trial)

(Title)

To the Superintendent,GardaSíochána, at.................................................................................. and the Governor of.................................................. Prison.

WHEREAS Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;

AND WHEREAS the Special Criminal Court was established by an Instrument made and published by the Government on the 30th day of May, 1972;

AND WHEREAS thesaid ........................................................................(defendant) was sent (sent forward) (transferred) (brought under section 47 of the above Act) for trial by this Court charged with the offence(s) set out in the Schedule hereunder;

*AND WHEREAS the trial by this Court has been adjourned until the day of19at o'clock in thenoonat...........................................

*AND WHEREAS the trial of the said..................................................................... (defendant) has concluded but verdict and/or sentence have been postponed until the day of 19 at o'clock in thenoonat......................................................

THIS IS THEREFORE TO COMMAND YOU the Superintendent to whom this warrant is addressed to lodge the said............................................................................................................................... of........................................................................................................................................................................

inthe......................................................... Prison there to be detained by you the Governor of the said Prison when you shall have him at the said sitting to be further dealt with according to law.

*Delete if inappropriate.

SCHEDULE

By Order of the Court.

Dated this day of 19

Signed ..........................................................................................................

Registrar

Special Criminal Court.

FORM 12

Rule 21 (1)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

WITNESS SUMMONS

(Title)

WHEREAS the said......................................................................... (defendant) will be tried for (a) certain offence(s) under the above Act by this Court at.........................................................................

........................................................ on the day of

19 , at o'clock in thenoon;

AND WHEREAS it has been made to appear to me that you are able to give material evidence on such trial;

THIS IS THEREFORE TO COMMAND YOU to attend as a witness on the said trial before this Court at the time and place mentioned above and so from day to day until your presence at the trial is no longer required.

AND YOU ARE to bring with you and then and there produce—

By Order of the Court.

Dated this day of 19

Signed ......................................................................................................

Registrar

Special Criminal Court.

To

(name, address and description).

FORM 13

Rule 21 (1)

OFFENCES AGAINST THE STATE ACTS, 1939 TO 1972

SPECIAL CRIMINAL COURT

WARRANT FOR ARREST OF WITNESS

(Non-appearance on summons)

(Title)

To the Superintendent,GardaSíochána, at...............................................................................................

WHEREAS Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made and published by the Government on the 26th day of May, 1972;

AND WHEREAS the Special Criminal Court was established by an Instrument made and published by the Government on the 30th day of May, 1972;

AND WHEREAS pursuant to the said Act the said.............................................. (defendant) will be tried for (a) certain offence(s) by this Court at.................................................................

..................................on the day of 19 at

o'clock in thenoon;

*AND WHEREAS this Court is satisfied by evidence upon oath that .................................. .......................................................of................................................................................................... able to give material evidence on such trial but that it is probable that the said ...................................................... will not attend to give evidence without being compelled to do so;

*AND WHEREAS a witness summons was duly served upon thesaid ............................................but he has failed to comply with the requirements of such summons;

*AND WHEREAS a witness summons was issued for the attendance before the Court of the said................................................................................. and this Court is satisfied that the said ........................................ is evading service of the said summons;

THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to arrest thesaid ..................................................................................................................................................................

of......................................................................................................................................................... and to bring him before the Court at the time and place for trial aforesaid to give evidence before this Court in the said trial.

By Order of the Court.

Dated this day of 19

Signed...............................................................................................................

Registrar

Special Criminal Court.

*Delete if inappropriate.

FORM 14

Rule 23

STATUTORY DECLARATION AS TO SERVICE OF

SUMMONS OR NOTICE.

I..........................................................................................................................................................................

of ......................................................................................................................................................................

do solemnly and sincerely declare that I duly served the within Summons

(Notice) on the day of 19 by

(state mode of service)

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938.

Signed ...............................................................

Declared before meby ...................................................................................................................................

whois personally known to me (or, who is identified to me by...............................................................

....................................................................................................................who is personally known to me)

at...................................................................................................................................................................... this day of 19 .

..........................................................

..........................................................

FORM 15

Rule 26

OFFENCES AGAINST THE STATE ACTS, 1939 to 1972

SPECIAL CRIMINAL COURT

RECOGNISANCE

(TITLE)

We .................................................................................... of..........................................................................

a.........................................................................................and........................................................................

of ......................................................................................a.............................................................................

and....................................................................................... of........................................................................

a........................................... severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said .........................................thesum of .........................................andthe said .................................... and the said ........................................ the sum of ......................... pounds each to the use of the Minister for Finance if the above-named defendant fail in the condition hereunder.

................................................. Defendant

..................................................... Surety

........................................................ Surety

Acknowledged before the Courtat .............................................................................................................

thisday of 19 .

Signed ..............................................................

Registrar

Special Criminal Court.

The condition of thisrecognisanceis that if he the above-named Defendant shall appear before this Court at........................................................................................................................... on the day of 19 at o'clock in thenoonand any adjournment thereof until his presence is no longer required for his trial on the following charge(s)

*and shall. ..................................................................

thenthisrecognisanceto be void, or else to stand in full force and effect.

*Delete if not applicable.

FORM 16

Rule 17 (1) (b)

OFFENCES AGAINST THE STATE ACTS, 1939 to 1972

SPECIAL CRIMINAL COURT

SUMMONS FOR ATTENDANCE OF DEFENDANT

(Title)

WHEREAS it appears to the Court, upon information (evidence) that you are a person intended to be charged with the offence (s)* set out in the Schedule hereunder

*[being *(an) offence(s)* which *(is) *(are) *(a) scheduled offence(s)* under the Offences against the State Act, 1939, and that the Director of Public Prosecutions has directed that you shall be brought before this Court and charged with such offence(s)*]

*[being *(an) offence(s)* which *(is) *(are) not *(a) scheduled offence(s)* under the Offences against the State Act, 1939, and the Director of Public Prosecutions has certified that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to your trial on the charge of the said offence(s)* and has directed that you shall be brought before this Court and charged with such offence(s)*].

YOU ARE HEREBY REQUIRED TO APPEAR before this Court at ........................................... on the day of 19ato'clock in thenoonto be charged with and tried (summarily) (on indictment) for the said offence(s)*.

*Delete whichever inappropriate

SCHEDULE

By Order of the Court.

Dated this day of 19

Signed.................................................................................................................

Registrar

Special Criminal Court.

To.....................................................................................................................................................................

of ......................................................................................................................................................................

theabove-named Defendant.

FORM 17

Rule 17 (2)

OFFENCES AGAINST THE STATE ACTS, 1939 to 1972

SPECIAL CRIMINAL COURT

WARRANT FOR ARREST OF DEFENDANT

(failure to appear on summons)

(Title)

To the Superintendent,GardaSíochána, at.....................................................................................................

WHEREAS.........................................................................................................................................of................................................................................................................................................................... (addressand description) has been duly served with a summons to appear as a Defendant before the Court at........................................................................................................ at o'clock in thenoonon the day of 19 , to be charged with the offence(s)* set out in the Schedule hereunder;

AND WHEREAS the said................................................................................................................ failed to appear at the time and place aforesaid;

THIS IS THEREFORE TO COMMAND YOU to whom this warrant is addressed to apprehend thesaid ..........................................................................................................................of......................................................................................................................................................... and to bring him without undue delay before this Court to be charged with the said offence(s)*.

*Delete where inapplicable.

SCHEDULE

By Order of the Court.

Dated this day of 19

Signed..........................................................................

Registrar

Special Criminal Court.

EXPLANATORY NOTE

These Rules, which supersede the Special Criminal Court Rules, 1972, regulate practice and procedure in the Special Criminal Court established by the Government onthe 30th May, 1972, under theOffences against the State Act, 1939.

Source: Irish Statute Book Database

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