S.I. No. 596/2007 - Circuit Court Rules (Criminal Law (Insanity) Act 2006) 2007
Statutory Text (5 Articles)
1. A notice given under section 19(1) of the
Criminal Law (Insanity) Act 2006
in any proceedings which may be determined by the Court shall be in the Form 48. A copy of the notice together with proof of service of the notice shall be lodged with the County Registrar.”
2. These Rules shall be construed together with the Circuit Court Rules 2001.
3. The Circuit Court Rules are amended by the insertion immediately following Order 68A of the following
“Order 68B
Criminal Law (Insanity) Act 2006 (No. 11 of 2006)
4. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 48.
Form 48
AN CHÚIRT CHUARDA
THE CIRCUIT COURT
CIRCUITCOUNTY OF
NOTICE OF INTENTION TO ADDUCE EVIDENCE AS TO MENTAL CONDITION
(SECTION 19, CRIMINAL LAW (INSANITY) ACT 2006)
Case/Bill No. ..........................................
The People at the suit of the Director of Public Prosecutions
v
WHEREAS the above-named accused was on the day of 200 asked how he/she wished to plead to the charge of the offence(
s
)of
TAKE NOTICE that the defence intends to adduce evidence as to the mental condition of the accused in the proceedings for the said offence(
s
).
Dated this day of 200
Signed
Accused/Solicitor for the accused
To: Prosecutor
at
and to: County Registrar
at
EXPLANATORY NOTE
(This Note is not part of the instrument and does not purport to be a legal interpretation.)
These Rules provide for the form of and procedure concerning the notice required under
section 19
of the
Criminal Law (Insanity) Act 2006
to be given to the prosecution where the defence intends, in proceedings before the Circuit Court, to adduce evidence as to the mental condition of the accused.
S.I. No. 596 of 2007
CIRCUIT COURT RULES (CRIMINAL LAW (INSANITY) ACT 2006) 2007
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
4
th September
, 2007.
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, Equality and Law Reform, make the annexed Rules of Court.
Dated this 6th day of March, 2007.
(Signed): Matthew Deery
(Chairman of the Circuit Court Rules Committee)
Fergal Foley
Gerard J. Doherty
Ann Spaine
Noel Rubotham
Susan Ryan (Secretary).
I concur in the making of the above Rules of Court.
Dated this 29th day of August 2007
Signed: BRIAN LENIHAN
Minister for Justice, Equality and Law Reform.
S.I. No. 596 of 2007
CIRCUIT COURT RULES (CRIMINAL LAW (INSANITY) ACT 2006) 2007