S.I. No. 597/2007 - Rules of the Superior Courts (Criminal Law (Insanity) Act 2006) 2007

1. The Rules of the Superior Courts are hereby amended by the insertion immediately following rule 10 of Order 85 thereof of the following

“11. 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 set out in Form No 1 in Appendix DD. A copy of the notice together with proof of service of the notice shall be lodged with the proper officer.”

2. The form in Schedule 1 following shall be inserted as Appendix DD to the Rules of the Superior Courts.

3. These rules shall come into operation on the 26th day of September, 2007.

4.These rules shall be construed together with the Rules of the Superior Courts 1986 to 2007 and may be cited as the Rules of the Superior Courts (Criminal Law (Insanity) Act 2006) 2007.

SCHEDULE 1

Appendix DD

CENTRAL CRIMINAL COURT

No. 1

NOTICE OF INTENTION TO ADDUCE EVIDENCE AS TO MENTAL CONDITION (SECTION 19, CRIMINAL LAW (INSANITY) ACT 2006)

The People at the suit if 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: the Proper Officer

at the Central Office

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 Central Criminal Court, to adduce evidence as to the mental condition of the accused.

S.I. No. 597 of 2007

RULES OF THE SUPERIOR COURTS (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 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 18th day of January, 2007.

John L. MurrayPatrick O’Connor

Richard JohnsonTony Hunt

Joseph FinneganEdmund Honohan

Liam McKechnieMatthew Feely

Lyndon McCannNoel Rubotham.

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

Dated this 29th day of August, 2007.

Signed: BRIAN LENIHAN

Minister for Justice, Equality and Law Reform.

S.I. No. 597 of 2007

RULES OF THE SUPERIOR COURTS (CRIMINAL LAW (INSANITY) ACT 2006) 2007