24/07/1924: Criminal Appeal Rules, 1924.

1. Name and address of

witness.

2. Whether such witness has

been, examined at Trial.

3. If not, state the reason why

he was not so examined.

4. On what matters do you

wish him to be examined

on the appeal.

State shortly the evidence

you think he can give.

FORM XXIII.

COURTS OF JUSTICE ACT, 1924

(CRIMINAL APPEALS).

NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER.

S.

v.

To of (Name, etc., of witness)

WHEREAS on good cause shown to the Court of Criminal Appeal you have been ordered to be examined as a witness upon the appeal of the above named, and your deposition to be taken for the use of the said Court.

This is to give you notice to attend at*

on the day of

19 , before †

at o'clock in the noon.

* Specify place of examination.

† Fill in examiner's name

You are also required to have with you at the said time and place any books, papers or other things under your control or in your possession in any manner relating to the said appeal of which you may have had notice so to produce.

Registrar.

Dated the day of , 19 .

FORM XXIV.

COURTS OF JUSTICE ACT, 1924

(CRIMINAL APPEALS)2.

NOTIFICATION TO APPELLANT OF RESULT OF HIS APPEAL.

S.

v.

To the above-named Appellant.

This is to give you notice that the Court of Criminal Appeal, having considered the matter of your appeal, have finally determined the same, and have this day given judgment to the effect following [here shortly state the judgment of the Court,

e.g

., that your appeal be dismissed

or

that the sentence against which you appeal be altered

from to

or as the case may be

].

(Signed),

Registrar of the Court of Criminal Appeal.

Dated this day of , A.D. 19 .

FORM XXV.

COURTS OF JUSTICE ACT, 1924

(CRIMINAL APPEALS).

S.

v.

To the Chief State Solicitor.

To the General Prisons Board for Ireland.

To the Governor of

This is to give Notice that the above-mentioned

having applied for—

(

a

) leave to appeal to the said Court;

(

b

) leave to extend the time within which he may give Notice of

Appeal or of an Application for leave to appeal

(

c

) permission to be present during the proceedings in his appeal;

(

d

) his admission to bail;

under the said statute, the Court of Criminal Appeal has this day finally determined his said Applications and has given judgment to the effect following [

here set out the decision of the Court

].

(Signed),

Registrar of the Court of Criminal Appeal.

Dated this day of , A.D. 19 .

FORM XXVI.

COURTS OF JUSTICE ACT, 1924

(CRIMINAL APPEALS).

S.

v

.

To the Chief State Solicitor.

To the General Prisons Board for Ireland.

To the Governor of

This is to give you Notice that the above-named

having appealed against his conviction of the

offence of

at the Court

[and the sentence of passed upon him for the

offence of at the said Court] the Court of Criminal Appeal has finally determined the said appeal and has this day given judgment therein to the effect following [

here set out the decision of the Court

].

(Signed),

Registrar of the Court of Criminal Appeal.

Dated this day of , A.D. 19

FORM XXVII.

COURTS OF JUSTICE ACT, 1924

(CRIMINAL APPEALS).

S.

v.

LIST OF EXHIBITS.

Number or other identifying mark on Exhibit

Short description of Exhibit

Produced by Prosecution Defence

Directions of the Judge of the Court of Trial, with name and address of person retaining Exhibit

(Signed),

Clerk to Committing Justice.

Officer of Court of Trial.

Coroner.

5. Sentence and any orders made consequent thereon?

(

a.)

Restitution of property.

(

b.

) Any other order.

6. Copy of the list of exhibits directed by these Rules to be kept by the proper officer of the Court of Trial.

7. Whether a Certificate under Section 31 was given.

8. Name and address of the Prosecutor? State names of Counsel and/or Solicitor for prosecution, and address of Solicitor.

9. Whether Appellant was defended by Counsel and Solicitor? Give names of Counsel and/or Solicitor for Appellant and address of Solicitor.

10. Name and address of Shorthand Writer?

11. Whether Appellant bailed before trial, if so in what amount, and whether with sureties, if so in what amount?

(Signed),

Officer of the Court of Trial.

Dated this

day of

19 .

N.B.—Particulars from Judge's copy of the Calendar, referring to the above-named person, should be inserted here, or the Calendar forwarded with this form to the Registrar.

FORM III.

COURTS OF JUSTICE ACT, 1924

(CRIMINAL APPEALS).

Notice of Abandonment.

S.

v.

I,

having been convicted

of

at

and having been desirous of appealing and having duly sent notice to that effect to the Court of Appeal against my said conviction [or the sentence of passed upon me on my said conviction] do hereby give you notice that I do not intend further to prosecute my appeal, but that I hereby abandon all further proceedings in regard thereto as from the date hereof.

(Signed),

(Witness),

Dated this

day of

19 .

To the Registrar, The Court of Criminal Appeal.

FORM IV.

COURTS OF JUSTICE ACT, 1924

(CRIMINAL, APPEALS)

NOTICE OF APPEAL UPON CERTIFICATE OF THE JUDGE OF THE COURT OF TRIAL.

To the Registrar of the Court of Criminal Appeal.

I,

having been convicted of the offence of

and being now a prisoner in

[or,— *now living at ]

and having duly obtained a Certificate which is hereto annexed from the Judge before whom I was tried for the said offence, that it is a fit case for appeal, Do Hereby Give You Notice of Appeal against my said conviction (particulars of which hereinafter appear) to the Court of Criminal Appeal.

(or Mark) (Signed),

Appellant.

Signature and address of

Witness attesting Mark.

Dated this

day of

19 .

Here state the offence.

e.g

. Larceny. Murder, Forgery. &c.

*Where Appellant for any reason not in custody.

PARTICULARS OF TRIAL AND CONVICTION.

Fill In all these particulars.

12. An Order of Restitution or the operation of sub-section 1, of Section 24 of the Sale of Goods Act, 1893, shall be suspended for the period of four clear days from the day of the close of the trial, and, in cases where Notice of Appeal or Notice of Application for leave to appeal is duly given within four clear days after such day, the period of suspension of such order or of the operation of the sub-section shall continue until the determination of the appeal.

Certificate of Conviction not to issue for four clear days after close of trial.

13. (

a

.) The Clerk of the Court of Trial or other officer thereof, having the custody of the Records of such Court, or the deputy of such Clerk or other officer, shall not issue, under any Statutes authorising him so to do, a certificate of conviction of any person convicted on indictment in the Court to which he is such Clerk, officer, or deputy, for the period of four clear days after the day of the close of the trial, nor in the event of such Clerk, officer, or deputy receiving information from the Registrar of the Court within such four clear days that a Notice of Appeal or of Application for leave to appeal has been given under the Act, until the determination thereof.

After four clear days from close of trial, Clerk be satisfied no appeal pending before issuing Certificate of Conviction.

(

b

.) Where an application is made to such Clerk, officer, or deputy to issue such Certificate of conviction as in this Rule mentioned after the expiration of the said period of four clear days, he shall require, before issuing the same, to be satisfied that there is no appeal then pending in the Court of Appeal against such conviction. A person desirous of obtaining a certificate of conviction from such Clerk, officer, or deputy shall be entitled to obtain from the Registrar a certificate in such form as the said Registrar may think right for the purpose of satisfying by the production thereof, such Clerk, officer, or deputy that no appeal against such conviction is then pending. After the expiration of two months from the date of the conviction a certificate thereof may be issued by such Clerk, officer, or deputy as heretofore, except in cases in which he has had notice of an appeal still undetermined.

For the purposes of this Rule the expression " conviction " shall mean the verdict or plea of guilty and any final judgment passed thereon.

Notes and Report of Judge of Trial.

Report of Judge of Court of Trial.

14. (

a

.) The Registrar when he has received a Notice of Appeal or a Notice of Applicat on for leave to appeal under the Act, or a Notice of Application for extension of time within which such notices shall be given, or whenever it appears to be necessary for the proper determination of any appeal or application, may and, whenever in relation to any appeal under the Act the Court of Appeal directs him so to do, shall, request the Judge of the Court of Trial to furnish him with a Report in writing, giving his opinion upon the case generally or upon any point arising upon the case of the Appellant, and the Judge of the Court of Trial shall furnish the same to the Registrar in accordance with such request.

Judge's Report to be furnished to Court of Appeal.

(

b

.) The Report of the Judge shall be made to the Court of Appeal, and except by leave of the Court the Registrar shall not furnish to any person any part thereof.

Registrar to furnish Judge of Court of Trial with materials for Report.

15. When the Registrar shall request the Judge of the Court of Trial to furnish a Report under these Rules, he shall send to such Judge of the Court of Trial a copy of the Notice of Appeal or Notice of Application for leave to appeal or Notice of Application for extension of time within which such notices shall be given or any other document or information which he shall consider material, or which the Court of Appeal at any time shall direct him to send, or with which such Judge may request to be furnished by the Registrar, to enable such Judge to deal in his Report with the Appellant's case generally or with any point arising thereon.

Notices of Appeal and Period for Appealing; Abandonment of Appeals.

Obligation on Appellants to fill up forms of appeal notices and answer questions thereon.

16. A person desiring, under the provisions of the Act, to appeal to the Court of Appeal, shall commence his appeal by sending to the Registrar a Notice of Appeal or Notice of Application for leave to appeal, or Notice of Application for extension of time within which such notices shall be given, as the case may be, in the form of such Notices respectively set forth in the Schedule to these Rules, and in the Notice or Notices so sent, shall answer the questions and comply with the requirements set forth thereon, subject to the provisions of Rule 41.

Time for appealing to run from grant or refusal of Certificate.

17. The time within which a person convicted shall give Notice of Appeal or Notice of his Application for leave to appeal to the Court of Appeal shall commence to run from the day of the grant or refusal, as the case may be; of the certificate in Section 31 of the Act mentioned.

Registrar to require proper officer of Court of Trial to furnish him with particulars, &c., of trial.

18. (

a

.) When the Registrar has received a Notice of Appeal, or a Notice of Application for leave to appeal, or a Notice of Application for extension of time within which, such notices shall be given, he shall forthwith apply to the proper officer of the Court of Trial for the particulars of the trial and conviction according to the form (II.) in the Schedule hereto, and for the Calendar supplied to the Judge of the Court of Trial or a copy thereof so far as the same refers to the Appellant, and such officer shall forthwith furnish the same to the Registrar.

Registrar to require proper officer of Court of Trial to furnish him with Depositions, Indictments, Pleas, &c., for use of Court of Appeal.

(

b

.) The Registrar may, if it appears to him to be necessary for the proper determination of any appeal or application or whenever in any such cases he is directed by the Court of Appeal so to do, shall require the proper officer of the Court of Trial to furnish him with the original depositions of witnesses examined before the committing Justice or Coroner, or with any exhibit retained by such officer, and with the indictment or indictments or inquisition against the Appellant, or with an abstract or copy thereof or any part thereof or with any plea filed in the Court of Trial, and such officer shall forthwith furnish the same to the Registrar.

Prosecutor at trial to be ascertained.

19. The proper officer of the Court of Trial shall ascertain and record in every case the name and address of the person, whether a private prosecutor or not, who is responsible for and is carrying on a prosecution in such Court, and the name and address of the Solicitor, if any, for the prosecution.

Notice of Application for leave to appeal.

20. Where the Court of Appeal has, on a Notice of Application for leave to appeal duly served, and in the form provided under these Rules, given an Appellant leave to appeal. it shall not be necessary for such Appellant to give any Notice of Appeal, but the Notice of Application for leave to appeal shall in such case be deemed to be a Notice of Appeal.

Abandonment of Appeal.

21. An Appellant at any time after he has duly served Notice of Appeal or of Application for leave to Appeal, or of application for extension of time within which such notices shall be given, may abandon his appeal by giving notice of abandonment thereof in the form (III.) in the Schedule to these Rules to the Registrar, and upon such notice being given the appeal shall be deemed to have been dismissed by the Court of Appeal.

Notice of Application for extension of time for appealing.

22. An application to the Court of Appeal for an extension of time within which Notices may be given, shall be in the form (VII.) in the Schedule hereto. Every person making an application for such extension of time shall send to the Registrar together with the proper form of such application, a form, duly filled up, of Notice of Appeal, or of Notice of Application for leave to appeal, appropriate to the ground or grounds upon which he desires to question his conviction or sentence, as the case may be.

Proceedings before the Court of Appeal.

How Application for leave to appeal and other preliminary applications are to be dealt with.

23. Notice of application for leave to appeal or for extension of time within which Notice of Appeal or Notice of Application for leave to appeal shall be given may be in the forms in the Schedule hereto, and the answer to the questions on forms (IV.), (V.) and (VII)., which an Appellant is, by these Rules required to make, in reference to leave being granted to him to be present at the hearing of his appeal, shall be deemed to be an application to the Court of Appeal in such matter.

Duties of the Registrar with Respect to Notices of Application.

Registrar to take steps for hearing.

24. (

a

.) The Registrar shall take all necessary steps for obtaining a hearing under the Act of any applications, notice of which is given him, and shall obtain and lay before the Court in proper form all documents, exhibits and other things relating to the proceedings in the Court before which the Applicant was tried which appear necessary for the proper determination of the application.

Summary determination.

(

b

.) If it appears to the Registrar that any Notice of Appeal or Notice of Application for leave to Appeal, does not show any substantial ground of appeal, the Registrar may refer the case to the Court for Summary Determination, and, where the case is so referred, the Court may, if they consider that the appeal is frivolous or vexatious, and can be determined without adjourning the same for a full hearing, dismiss the Appeal summarily, without calling on any persons to attend the hearing or to appear for Saorstát Eireann.

Forwarding forms and instructions.

(

c

.) The Registrar shall furnish the necessary forms and instructions in relation to Notices of Appeal or Notices of Application under the Act to any person who demands the same and to Officers of Courts, Governors of Prisons, and such other Officers or persons as he thinks fit, and the Governor of a Prison shall cause those forms and instructions to be placed at the disposal of prisoners desiring to make any application under the Act, and shall cause any such Notice given by a Prisoner in his custody to be forwarded on behalf of the Prisoner to the Registrar.

Duties of Prosecutor.

Registrar's duties as to ascertaining Respondent.

25. (

a

.) When the Registrar has received a Notice of Appeal, or a Notice of Application for leave to Appeal, which does not, in his opinion, fall within the provisions of Rule 24, Sub-rule (b), he shall forthwith ascertain from the person specified in form (II.) as the Prosecutor, unless such person shall be the State, or a Government Department, or from the Solicitor of such person, whether the Prosecutor intends to undertake the defence of the appeal. And in the event of the Prosecutor declining to undertake the defence of the appeal, notice to that effect shall be sent by the Registrar to the Chief State Solicitor.

Where such Prosecutor in the Court of Trial was the State or a Government Department, the Registrar shall notify the Chief State Solicitor of such appeal or Application for leave to Appeal.

Prosecutor to afford all information. documents. &c., to Registrar and Chief State Solicitor.

(

b

.) It shall be the duty of a Prosecutor who declines to undertake the defence of an appeal, and of his Solicitor, to furnish to the Registrar and the Chief State Solicitor, or either of them, any information, documents, matters, and things in his possession or under his control connected with the proceedings against the Appellant, which the Registrar or Chief State Solicitor may require for the purposes of their duties under the Act.

Court may at any state order Chief State Solicitor to take over defence of appeal.

26. Where the defence of an appeal is undertaken by a private prosecutor the Court of Appeal may, at any stage of the proceedings in such appeal, if it shall think right so to do, order that the Chief State Solicitor shall take over the defence of the appeal and be responsible on behalf of the State for the further proceedings in the same.

Procedure of Applications for Bail; Rights of Sureties: Estreat of Recognizances.

Bail. Court of Appeal to specify amount and before whom recognizances to be taken.

27. (

a

.) When the Court of Appeal under the Act admits an Appellant to bail pending the determination of his appeal on an application by him duly made the Court shall specify the amounts in which the Appellant and his surety or sureties (if any be required) shall be bound by recognizance, and shall direct, if they think right so to do, before whom the recognizances of the Appellant and his surety or sureties (if any) may be taken.

Appellant's recognizances to be taken before a Peace Commissioner or District Justice.

(

b

) In the event of the Court of Appeal not making any special order or giving special directions under this Rule the recognizances of the Appellant may be taken before a Peace Commissioner of Justice of the District Court at the Prison in which he shall then be confined or the Governor thereof, and the recognizances of his surety or sureties (if any) may be taken before any such Justice or Peace Commissioner.

Appellant and Prison Governor to receive notice of terms of bail.

(

c

.) The Registrar shall notify the Appellant and the Governor of the Prison within which he is confined, the terms and conditions on which the Court shall admit the Appellant to bail.

Police of District to assist District Court in inquiring as to surety's sufficiency.

(

d

.) The said Justice or Peace Commissioner shall be entitled to require the assistance of the Police for the purpose of making inquiry as to the sufficiency or otherwise, of any person offering himself as a surety on behalf of any Appellant who has, been granted bail, and it shall be the duty of Police to give such assistance to and as and when required by a Justice or Peace Commissioner under this Rule.

Appellant's and surety's recognizances to be forwarded to Registrar. Clerk to give surety certificate of recognizances.

(

e

.) After the recognizance of a surety has been duly taken under these Rules by such Peace Commissioner or Justice, the Clerk thereof shall forward such recognizance to the Registrar, and the Governor of the Prison in which the Appellant is then confined shall, after the Appellant's recognizance has been duly taken in pursuance of this Rule, forward the same to the Registrar. The Clerk shall after the recognizances of a surety are taken give to him a certificate in the form (XI.) in the Schedule hereto, which such surety shall sign, and retain.

Registrar on receiving recognizances in due form to notify Governor of Prison to release Appellant

(

f

.) The Registrar on being satisfied that the recognizances of the Appellant and his surety or sureties (if any) are in due form and in compliance with the order of the Court admitting the Appellant to bail, shall send in the form (X.) in the Schedule to these Rules a notice to the Governor of the Prison in which the Appellant shall then be confined. This notice, when received by the said Governor, shall be a sufficient authority to him to release the Appellant from custody.

Form of recognizance.

(

g

.) The recognizances provided for in this Rule shall be in the forms (VIII) and (IX.) in the Schedule hereto.

Presence of Appellant on bail, at hearing of his appeal.

(

h

.) An Appellant who has been admitted to bail shall, by the order of the Court of Appeal under which he was so admitted to bail, be ordered to be and shall be personally present at each and every hearing of his appeal, and at the final determination thereof. The Court of Appeal may, in the event of such Appellant not being present at any hearing of his appeal, if they think right so to do, decline to consider the appeal, and may proceed to summarily dismiss the same, and may issue a Warrant for the apprehension of the Appellant in the form (XV.) in the Schedule hereto. Provided that the Court of Appeal may consider the appeal in his absence, or make such other order as they think right.

Varying order for bail, by Court of Appeal

(

i

.) When an Appellant is present before the Court of Appeal, such Court may on an application made by any person, or, if they think right so to do, without any application make any order admitting the Appellant to bail, or revoke or vary any such order previously made, or enlarge the recognizance of the Appellant or of his sureties or substitute any other surety for a surety previously bound as they think right.

Provisions for sureties discharging their obligations.

(

j

.) Where the surety or sureties, for an Appellant under the Act, upon whose recognizanccs such Appellant has been released on bail by the Court of Appeal, suspects or suspect that the said Appellant is about to depart out of Saorstat Eireann, or in any manner to fail to observe the conditions of his recognizances on which he was so released, such surety or sureties may lay an information before one of the District Justices or Justices of the District Court acting in and for the District in which the said Appellant is, or is by such surety or sureties believed to be, or in which such surety or sureties may then be, in the form (XII.) in the Schedule hereto, and such Justice shall thereupon issue a Warrant in the form (XIII.) in the Schedule hereto, for the apprehension of the said Appellant.

How Appellant on bail to be dealt with on arrest at instance of sureties.

(

k

.) The said Appellant shall, on being apprehended under the said Warrant, be brought before the District Court in and for which the said Justice acts before whom the said information was laid, or some other District Court specified in the said Warrant. The said District Court shall on verification of the said information by oath of the informant, by Warrant of Commitment in the form (XIV.) in the Schedule hereto, commit him to the prison to which persons charged with indictable offences before such District Court are ordinarily committed. The Governor of such Prison shall, unless such prison was the prison from which the Appellant was released on bail under these Rules, notify the General Prisons Board of Ireland of such commitment, as in this Rule mentioned.

Where the Appellant is by such District Court committed to a Prison which was not the Prison from which he was released on bail after his conviction, the General Prisons Board of Ireland subject to any order of the Court of Appeal may transfer him to the Prison from which he was so released.

Arrest and commitment of Appellant to be notified to Registrar by Clerk to District Court.

(

l

.) The Clerk of the said District Court on the commitment of any such Appellant, shall forthwith notify the Registrar to that effect, and forward to him the said information and the deposition in verification thereof taken before such District Court together with a copy of the said Warrant of Commitment.

Power of Court of Appeal to revoke order for bail.

(

m

.) At any time after an Appellant has been released on bail the Court of Appeal may, if satisfied that it is in the interest of Justice so to do, revoke the order admitting him to bail, and issue a Warrant in the form (XV.) in the Schedule hereto for his apprehension and order him to be committed to prison.

Governor of Prison on commitment of Appellant to notify Registrar.

(

n

.) When an Appellant has been released on bail and has, under a Warrant under these Rules or by his surety or sureties, been apprehended and is in prison, the Governor thereof shall forthwith notify the Registrar who shall take steps to inform the Court thereof, and the Court of Appeal may give to the Registrar such directions as to the appeal or otherwise as they shall think right.

Sureties' rights at Common Law preserved.

(

o

.) Nothing in these Rules shall affect the lawful right of a surety to apprehend and surrender into custody the person for whose appearance he has become bound, and thereby to discharge himself of his suretyship.

Estreat of recognizances.

(

p

.) The Court of Appeal may on any breach of the recognizances of the Appellant, if it thinks right so to do, order such recognizances and those of his surety or sureties to be estreated without issuing any writ of

scire facias

.

Duty of Police to inquire and report as to Appellant's means, for purposes of Act on request of Registrar.

28. It shall be the duty of the Police of the district in which the Appellant shall have resided before his conviction, or of the district from which he was committed, to enquire as to and to report to the Registrar when applied to by him, upon the means and circumstances of any Appellant where a question as to his means and circumstances arises under these Rules.

Warders, &c. to attend sittings of Court of Appeal.

29. (

a

.) The General Prisons Board of Ireland shall on notice from the Registrar cause from time to time such sufficient number of male and female warders to attend the sittings of the Court of Appeal, as having regard to the list of appeals thereat they shall consider necessary.

Appellant to surrender on appeal, be searched, and remain in custody until further dealt with.

(

b

.) An Appellant who is not in custody shall, whenever his case is called on before the Court of Appeal, surrender himself to such persons as the Court shall from time to time direct, and thereupon shall be searched by them, and shall be deemed to be in their lawful custody until further released on bail or otherwise dealt with as the Court shall direct.

Registrar on application of Appellant or Respondent, or where he thinks necessary, to obtain documents, exhibits, &c., for purposes of appeal, and same to be open for inspection.

30. (

a

.) The Registrar may, on an application made to him by the Appellant or Respondent in any appeal, or where he considers the same to be necessary for the proper determination of any appeal or application, or shall where directed by the Court of Appeal so to do obtain and keep available for use by the Court of Appeal any documents, exhibits or other things relating to the proceedings before the Court, and pending the determination of the appeal, such documents, exhibits, or other things shall be open as and when the Registrar may arrange, for the inspection of any party interested.

Court of Appeal may order production of any document or exhibits. &c.

(

b

.) The Court of Appeal may, at any stage of an appeal, whenever they think it necessary or expedient in the interest of Justice so to do, on the application of an Appellant or Respondent, order any document, exhibit, or other thing connected with the proceedings, to be produced to the Registrar or before them, by any person having the custody or control thereof. Any order of the Court of Appeal under this Rule may be served as in this Rule provided.

Service of orders.

(

c

.) Service of any order made under this Rule shall be personal service, unless the Court otherwise order, and for the purpose of effecting due service thereof the Registrar may require the assistance of the Police, and it shall be the duty of the Police to carry out any directions of the Registrar under this Rule.

Exhibits in Court of Trial, how dealt with.

Exhibits to which Rule 8 (

a

) relates to be returned to persons producing the same subject to order of Court.

31. Exhibits, other than such documents as are usually kept by the proper officer of the Court of Trial shall, subject to any order which the Court of Appeal may make, be returned to the person who originally produced the same, provided that any such exhibit to which the provisions of Rule 12 relate shall not be so returned except under the direction of the Court of Appeal.

Notifying Result of Appeals.

On final determination of appeals, &c., Registrar to notify Appellant, Prison Governor, General Prisons Board.

32. (

a

.) On the final determination of any appeal under the Acts the Registrar shall give to the Appellant, if he is in custody and has not been present at such final determination, and to the Governor of the prison in which the Appellant then is, or from which he has been released on bail or to which under such determination he is committed, and to the General Prisons Board of Ireland, notice of such determination in the forms (XXIV.), (XXV.), and (XXVI.), respectively provided for such cases in the Schedule hereto.

In cases of death sentence Notice of Appeal and of final determination to be sent to Chief State Solicitor.

(

b

.) In any case of an appeal in relation to a conviction involving sentence of death, the Registrar shall on receiving the Notice of Appeal or of Application for leave to appeal, send a copy thereof to the Chief State Solicitor, and on the final determination of any such appeal by the Court of Appeal shall forthwith notify the Appellant, the Chief State Solicitor, the Governor of the prison in which the Appellant then is or to which he is committed under such determination, and the General Prisons Board of Ireland thereof.

Registrar to notify Officer of Court of Trial result of appeal.

33. (

a

.) The Registrar at the final determination of an appeal shall notify in such manner as he thinks most convenient to the proper officer of the Court of Trial the decision of the Court of Appeal in relation thereto and also any orders or directions made or given by the Court under the Act, or these Rules, in relation to such appeal or any matter connected therewith.

Officer of Court of Trial to enter decision of Court on Record.

(

b

.) The proper officer of the Court of Trial shall on receiving the notification referred to in this Rule, enter the particulars thereof on the Records of the Court of which he is such officer.

Registrar after appeal to return original depositions, exhibits, indictment, &c., to officer of Court of Trial when received from him.

34. Upon the final determination of an appeal for the purposes of which the Registrar has obtained from the proper officer of the Court of Trial any original depositions, exhibits, indictment, inquisition, plea, or other documents usually kept by the said officer, or forming part of the Record of the Court of Trial, the Registrar shall cause the same to be returned to such officer.

Copies of Documents for use of Appellants.

How Appellant or Respondent may obtain from Registrar copies of documents or exhibits.

35. (

a

) At any time after Notice of Appeal or Notice of Application for leave to Appeal has been given under the Act or these Rules, an Appellant or Respondent, or the Solicitor or other person representing either of them, may obtain from the Registrar copies of any documents or exhibits in his possession under the Act or these Rules for the purposes of such appeals. Such copies shall be supplied by the Registrar at such charges as may be provided in regulations as to rates and scales of payment to be made by the Minister for Finance, and such charges shall be paid toy stamps.

Counsel and Solicitor assigned to Appellant may receive copies of documents and exhibits free on his request.

(

b

.) Where Solicitor and Counsel, or Counsel only, are assigned to an Appellant under these rules, copies of any documents or exhibits which they or he may request the Registrar to supply shall without charge be supplied unless the Registrar thinks that they are not necessary for the purpose of the Appeal.

Transcript of Shorthand Note not to be supplied free except on order of Judge of Court.

(

c

.) A transcript of the Shorthand Notes taken of the proceedings at the trial of an Appellant may be supplied free of charge, by an Order of the Court of Appeal, upon an application made by an Appellant or by his Counsel or Solicitor assigned to him under these Rules

Poor Appellant not legally represented may obtain copy of documents or exhibits free.

(

d

.) Where an Appellant, who is not legally represented, requires from the Registrar a copy of any document or exhibit in his custody for the purposes of his appeal, he may obtain it free of charge if the Registrar thinks, under all the circumstances, it is desirable or necessary to supply the same to him.

Procedure as to Witnesses before Court of Appeal, and their Examination before Examiner.

Attendance of witness before Court of Appeal.

36. (

a

.) Where the Court of Appeal have ordered any witness to attend and be examined before the Court under Section 33 of the Act, an order in the form (XXI.) in the Schedule hereto shall be served upon such witness specifying the time and place at which to attend for such purpose.

Application to Court to hear witnesses.

(

b

.) Such order may be made on the application at any time of the Appellant or Respondent, but if the Appellant is in custody and not legally represented the application shall be made by him in the form (XXII.) in the Schedule hereto.

Order appointing Examiner.

(

c

.) Where the Court of Appeal order the examination of any witness to be conducted otherwise than before the Court itself, such order shall specify the person appointed as examiner to take and the place of taking such examination and the witness or witnesses to be examined thereat.

Registrar to furnish Examiner with exhibits, &c., necessary for examination.

(

d

.) The Registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal as and when requested so to do. Such documents and exhibits and other material shall after the examination has been concluded be returned by the Examiner together with any depositions taken by him under this Rule to the Registrar.

Notification of date of examination.

(

e

.) When the Examiner has appointed the day and time for the examination he shall request the Registrar to notify the Appellant or Respondent and their legal representatives, if any, and when the Appellant is in prison, the Governor of that Prison, thereof. The Registrar shall cause to be served on every witness to be so examined a notice in the form (XXIII.) in the Schedule hereto.

Evidence to be given on oath.

(

f

.) Every witness examined before an Examiner under this Rule shall give his evidence upon oath to be administered by such Examiner except where any such witness if giving evidence as a witness on a trial on indictment need not be sworn.

Deposition of witness, how to be taken.

(

g

.) The examination of every such witness shall be taken in the form of a deposition in the same manner as is prescribed by Section 14 of The Petty Sessions (Ireland) Act, 1851, and unless otherwise ordered shall be taken in private. The caption in the form (XX.) in the Schedule hereto shall be attached to any such deposition.

Travelling expenses of witnesses before Examiner.

(

h

.) Where any witness shall receive an order or notice to attend before the Court of Appeal or an Examiner, the Police Officer serving the same may, if it appears to him necessary so to do, pay to him a reasonable sum not exceeding the amount of the scale mentioned by the Minister for Finance for the travelling expenses of such witness from his place of residence to the place named in such notice or order, and the sum so paid shall be certified by such Officer to the Registrar. Any expenses certified by the Registrar under this Rule shall be paid in manner provided by Rule 44 hereof.

Service of Notices and Orders under Rule.

(

i

.) Any order or notice required by this Rule to be given to any witness may be served as an order may be served under Rule 31 (

c

.) hereof, and any such notice shall be deemed to be an order of the Court of Appeal on such witness to attend at the time and place specified therein.

Presence of parties at examination of witnesses.

(

j

.) The Appellant and Respondent, or Counsel or Solicitor on their behalf, shall be entitled to be present at and take part in any examination of any witness to which this Rule relates.

Cause Lists.

Register of Appeals to be kept by the Registrar.

37. (

a

.) The Registrar shall keep a Register, in such form as he think right, of all cases in which he shall receive a Notice of Appeal, or Notice of Application for leave to Appeal under the Act, which Register shall be open for public inspection in such places and at such hours as the Registrar, subject to the approval of the Court of Appeal, shall consider convenient.

Registrar to keep general list of appeals.

(

b.

) The Registrar shall also take the necessary steps for preparing from time to time, a general list of cases to be dealt with by the Court of Appeal, and shall cause such list to be published at such times in such a manner and at such places as subject to the approval of the Court of Appeal he shall think convenient for giving due notice to any parties interested, of the hearing of such cases by the Court of Appeal.

List of cases for daily sittings of Court. Notices to Appellants in custody.

(

c.

) Provided that, where an Appellant is in custody and has obtained leave to be present at the hearing and determination of his application or appeal, the Registrar shall notify the Appellant, the Governor of the prison in which the Appellant then is, and the General Prisons Board of Ireland, of the probable day on which his appeal or application will be heard. The General Prisons Board of Ireland shall take steps to transfer the Appellant to a prison convenient for his appearance before the Court of Appeal, at such a reasonable time before the hearing as shall enable him to consult his legal adviser, if any.

Miscellaneous Provisions.

Application not specially provided for, how made.

38. (

a

.) Except where otherwise provided in these Rules, any application to the Court of Appeal may be made by the Appellant or Respondent, or by Counsel on their behalf, orally or in writing, but in regard to such applications if the Appellant is unrepresented and is in custody and has not obtained leave to be present before the Court, he shall make any such application by forwarding the same in writing to the Registrar, who shall take the proper steps to obtain the decision of the Court thereon

Audience of Solicitors.

(

b.

) In all preliminary and interlocutory proceedings and applications the parties thereto may be represented and appear by a Solicitor alone.

Notice by Registrar to Appellant of results of all applications.

39. When the Court of Appeal has heard and dealt with any application under the Act or these Rules, the Registrar shall (unless it appears to him unnecessary so to do) give to the Appellant (if he is in custody and has not been present at the hearing of such application), notice of the decision of the Court of Appeal in relation to the said application.

Non-compliance with Rules not wilful may be waived by Court

40. Non-compliance on the part of an Appellant with these Rules or of any rule of practice for the time being in force under the Act, shall not prevent the further prosecution of his appeal if the Court of Appeal should consider that such non-compliance was not wilful, and that the same may be waived or remedied by amendment or otherwise. The Court of Appeal may in such manner as they think right, direct the Appellant to remedy such non-compliance, and thereupon the appeal shall proceed. The Registrar shall forthwith notify to the Appellant any directions given by the Court under this Rule, where the Appellant was not present at the time when such directions were given.

Enforcing duties under Rules.

41. The performance of any duty imposed upon any person under the Act or these Rules may be enforced by Order of the Court of Appeal.

Warrants for arrest of Appellants to be deemed to be Warrants issued under the Petty Sessions (Ireland) Act, 1851.

42. Any Warrant for the apprehension of an Appellant issued by the Court of Appeal shall be deemed to be, for all purposes, a Warrant issued by a District Justice or a Justice of a District Court for the apprehension of a person charged with any indictable offence under the provisions of The Petty Sessions (Ireland) Act, 1851, or any Act amending the same.

Assignment of legal aid in appeals in case of death sentence and payment of costs and expenses of such legal aid.

43. In any case where an appeal is taken under the Act by a person who has been sentenced to death by the Judge of the Court of Trial, it shall be lawful for the Court of Appeal to assign to the Appellant such legal aid (whether Counsel only or Counsel and Solicitor) as may appear to be reasonably required, and the costs and expenses of any legal aid so assigned up to an amount allowed by the Court but subject to any regulations as to rates and scales of payment made by the Minister for Finance shall be paid as part of the costs of the State in or relating to the appeal.

Expenses of Solicitors or Counsel assigned to be defrayed out of moneys to be provided by the Oireachtas.

44. The expenses of any Solicitor or Counsel assigned to an Appellant under these Rules and the expenses of any witnesses attending on the Order of the Court or examined in any proceedings incidental to the Appeal and of the appearance of an Appellant on the hearing of an Appeal or in any proceedings preliminary or incidental to the Appeal, and all expenses of and incidental to any examination of witnesses conducted by any person appointed by the Court for the purpose, and the expenses of any transcript of shorthand notes supplied to an Appellant free of charge shall, if and so far as ordered by the Court of Criminal Appeal, be defrayed up to an amount allowed by the Court, but subject to any regulations as to rates and scales of payment made by the Minister for Finance out of moneys to be provided by the Oireachtas in the same manner as the expenses of a prosecution by the State in cases of felony.

FORM I.

COURTS OF JUSTICE ACT, 1924

(CRIMINAL APPEALS).

Judge's Certificate.

In the Court of

Holden at

in and for the

of

S. v.

WHEREAS the said

was tried and convicted

before me, the undersigned, in the said Court on the

day

of

, on an indictment charging him with

and was thereupon sentenced by me to

I DO HEREBY CERTIFY that the case is a fit case for an Appeal by

the said

to the Court of Criminal Appeal

under

Section 31

of the

Courts of Justice Act, 1924

, upon the following grounds :—

(State shortly the offence,

e.g

Larceny, Murder, Forgery, &c.,

Here specify in general terms the grounds on which Certificate granted.

(Signed),

Judge or Circuit Judge of

Dated this

day of

19 .

FORM II.

COURTS OF JUSTICE ACT, 1924

(CRIMINAL APPEALS).

S.

v

.

Particulars of Trial.

DEPARTMENT OF JUSTICE.

CRIMINAL APPEAL RULES, 1924.

BY THE MINISTER FOR JUSTICE.

WHEREAS by the

Courts of Justice Act, 1924

, it is amongst other things enacted that the Minister for Home Affairs may at any time and from time to time after the passing and before or after the commencement of the said Act, but with the concurrence of the Minister for Finance in respect of any matter affecting public revenue or expenditure, make Rules to be styled "Rules of Court," for carrying Part I. of the said Act into effect, with the concurrence of a majority of a Committee consisting of the Judges of the Supreme Court and the High Court, the President of the Incorporated Law Society of Ireland and two practising Barristers of the Senior and Junior Bar respectively, to be selected as therein

AND WHEREAS by the

Ministers and Secretaries Act, 1924

, the Minister for Justice is substituted for the Minister for Home Affairs

AND WHEREAS it is expedient that the Rules of Court hereinafter set out should be made

AND WHEREAS on the 24th day of July, 1924, a majority of the said Committee have passed the resolution set out in the Schedule hereto.

NOW I, CAOIMHGHÍN, Ó hUIGÍN Minister for Justice, in pursuance of the

Courts of Justice Act, 1924

, and of all other powers me thereunto enabling and with the concurrence of the Minister for Finance, in respect of matters affecting public revenue or expenditure and of a majority of the said Committee consisting of the Judges of the Supreme Court and the High Court and the said other persons mentioned in Section 36 of the said Act, Do Order and Declare that the Rules of Court set forth in the Schedule hereto shall take effect and be in force as Rules of Court.

Dated the 24th day of July, 1924.

CAOIMHGHÍN Ó hUIGÍN,

Minister for Justice

.

L. T. MAC COSGAIR,

Minister for Finance

.

SCHEDULE ABOVE REFERRED TO.

WE, being a majority of the Committee consisting of the Judges of the Supreme Court and the High Court and the other persons pursuant to the 36th Section of the

Courts of Justice Act, 1924

, with whose concurrence the Minister for Justice MAY MAKE, ANNUL OR ALTER Rules of Court under the said Section, DO, pursuant to the said Section and of all other powers us thereunto enabling, HEREBY EXPRESS our concurrence with the Minister for Justice in making, with the concurrence of the Minister for Finance, the Rules of Court hereinafter expressed and set forth.

Dated the 24th day of July, 1924.

AODH UA CINNÉIDIGH,

Primh-Bhreitheamh

.

TIMOTHY SULLIVAN.

GERALD FITZGIBBON.

T. L. O'SHAUGHNESSY.

W. J. JOHNSTON.

JAMES A. MURNAGHAN.

JAMES MOORE,

Pres., I. L. S.

H. J. MOLONEY.

RULES OF COURT.

(Procedure in Criminal Appeals)

Interpretation of Rules.

Citation