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S.I. No. 767/2004 - Rules of the Superior Courts (Order 85), 2004
Table of Provisions (10)
Statutory Text (10 Articles)
1. In this Order
“The proper officer” means
(
a
) the officer for the time being managing the Central Office or
(
b
) the County Registrar of the County, City or other administrative area (other than the County or City of Dublin) in which the Central Criminal Court is, for the time being sitting as and when requested to perform functions of the proper officer under this Order in respect of such sitting by the officer for the time being managing the Central Office;
“The Registrar” means
(
a
) the officer or each officer directed, pursuant to subparagraph (1A) of paragraph 6 of the Eight Schedule to
the Courts (Supplemental Provisions) Act 1961
as amended, by the officer for the time being managing the Central Office to act as Registrar to the Central Criminal Court as and when so directed,
(
b
) the County Registrar of the County, City or other administrative area (other than the County or City of Dublin) in which the Central Criminal Court is, for the time being, sitting, as and when requested to do so by the officer for the time being managing the Central Office or, where such County Registrar has delegated to a member of staff of the Circuit Court Office in the County concerned the functions performable by him pursuant to such request, that member of staff, as and for as long as such functions are so delegated.
2. These rules shall come into operation on the 3rd day of January 2004.
3. These rules shall be construed together with the Rules of the Superior Courts 1986 to 2004 and may be cited as the Rules of the Superior Courts (Order 85) 2004.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules amend Order 85 of the Rules of the Superior Courts. Order 85 lays down procedures in respect of the Central Criminal Court.
4. The accused person or his solicitor shall be entitled on application to obtain a copy of the indictment from the proper officer free of charge.
5. The proper officer shall on application to him supply free of charge to the accused person or his solicitor copies of the depositions relating to the offences with which he is charged as follows
(
a
) in case the accused is charged with murder, six copies;
(
b
) in other cases, four copies;
(
c
) where two or more persons, who are represented by the same solicitor, are to be tried together, one additional copy for each accused person beyond the first.
6. The Registrar shall have custody of the original depositions of witnesses examined in the District Court and also of all books, papers and documents and all other property, matters and things put in evidence in the District Court, or during the trial of any person by the Central Criminal Court, or on any application made to the Central Criminal Court in reference to any such trial or intended trial, and shall retain the same until directed by the Central Criminal Court to return the same.
7. The officer for the time being managing the Central Office shall keep a register containing particulars of all cases for trial by the Central Criminal Court.
8. Every order of the Central Criminal Court, when drawn up, shall be dated the day of the week, month and year on which the same was made and unless the Central Criminal Court shall otherwise direct, shall take effect accordingly, and shall be issued by the Registrar and may be taken up from the Registrar or from the Central Office.
9. An attested copy of an order of the Central Criminal Court may be taken up from the Registrar or from the Central Office.”
(ii) the insertion of the following as sub rule 5 of rule 3 of Order 116, in substitution for the existing sub rule 5 of that rule
“(5) The seal of the High Court (Central Criminal Court) shall be kept in the custody of the officer for the time being managing the Central Office.”
STATUTORY INSTRUMENTS.
S.I. No. 767 of 2004
.
RULES OF THE SUPERIOR COURTS (ORDER 85), 2004.
S.I. No. 767 of 2004
.
RULES OF THE SUPERIOR COURTS (ORDER 85) 2004.
We, the Superior Courts Rules Committee, constituted pursuant to the provisions of
the Courts of Justice Act, 1936
, section 67, and reconstituted pursuant to the provisions of
the Courts of Justice Act, 1953
, section 15, by virtue of the powers conferred upon us by
the Courts of Justice Act, 1924
, section 36, and
the Courts of Justice Act, 1936
, section 68 (as applied by
the Courts (Supplemental Provisions) Act, 1961
, section 48), and
the Courts (Supplemental Provisions) Act, 1961
, section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.
Dated this 17th day of November, 2004.
John L. Murray
Patrick O'Connor
Joseph Finnegan
Michael Cush
Brian McCracken
Anthony Hunt
Richard Johnson
Noel Rubotham
William McKechnie
Matthew Feely
Patrick Groarke
I concur in the making of the following Rules of Court.
Dated this 3rd day of December, 2004.
MICHAEL McDOWELL
Minister for Justice, Equality and Law Reform.
S.I. No. 767 of 2004
.
RULES OF THE SUPERIOR COURTS (ORDER 85) 2004.