S.I. No. 329/1981 - Circuit Court Rules (No. 3), 1981. (Transfer of Trial To The Dublin Circuit Court).

1. An Order made by a Judge of the Circuit Court pursuant to

Section 31

of the

Courts Act, 1981

transferring the trial of a person charged with an indictable offence to the Circuit Court sitting within the Dublin Circuit shall specify the following:—

(i) The Sitting of the Circuit Court within the Dublin Circuit to which the case has been transferred;

(ii) Whether the accused is in custody or on bail;

(iii) The name and address of the accused's Solicitor, if the accused is represented by a Solicitor.

2. The Order of the Circuit Court transferring the trial shall be in the form set out in the Schedule to this Order.

3. If the Order transferring the trial is made during a Sitting of the Circuit Court within the Dublin Circuit the case shall be transferred to that Sitting subject to Rule 4 of this order.

4. If the Order transferring the trial is made during the last two weeks of a Sitting of the Circuit Court within the Dublin Circuit the trial shall be transferred to the next Sitting of the Circuit Court within the Dublin Circuit.

5. If the Order transferring the trial is made when there is no Sitting of the Circuit Court within the Dublin Circuit the trial shall be transferred to the next Sitting of the Circuit Court within the Dublin Circuit.

6. When an Order of the Circuit Court transferring a trial is made the County Registrar shall forward within 3 days from the date of the making of the said order, the said order and all relevant documents to the County Registrar for the County and City of Dublin.

7. Order 59 Rule 14 shall not apply to this Order.

SCHEDULE

TITLE OF CASE

Insert

Prosecutor

Accused

Strike out the inappropriate

Prosecutor/Accused herein having applied to the Court for an Order pursuant to

Section 31 of the Courts Act, 1981

.

Strike out the inappropriate

IT IS ORDERED

that the trial of the aforesaid the accused be transferred to the Present/Next Sitting of the Circuit Court within the Dublin Circuit.

The aforesaid

Strike out the inappropriate

the accused to remain in custody until the com- mencement of the said trial/is allowed Bail until the commencement of the said trial

The Solicitor for the accused is of

BY THE COURT

___________________

COUNTY REGISTRAR

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules, which are in the form of a new Order (Order 67) to be added to the Circuit Court Rules, 1950, prescribe procedures for the transfer of trials from the Circuit Court sitting other than within the Dublin Circuit to the Circuit Court sitting within the Dublin Circuit, pursuant to

Section 31

of the

Courts Act, 1981

.

WE, THE CIRCUIT COURT RULES COMMITTEE, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act, 1936

, and

Section 12

of the

Courts of Justice Act, 1947

, by virtue of the powers conferred on us by

Section 66

of the

Courts of Justice Act, 1924

and

Section 70

of the

Courts of Justice Act, 1936

(as applied by

Section 48

of the

Courts (Supplemental Provisions) Act, 1961

) and

Section 27

of the

Courts (Supplemental Provisions) Act, 1961

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated the 30th day of July 1981

Thomas J. Neylon,

Frank Martin,

Ernest J. Margetson,

Gordon Holmes,

Michael T. Neary,

Secretary.

I concur in the making of the annexed Rules of Court.

Dated the 14th day of September 1981.

JIM MITCHELL,

Minister for Justice.

CIRCUIT COURT RULES (NO. 3), 1981. (TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT COURT).