S.I. No. 453/2022 - Circuit Court Rules (Criminal Procedure Act 2021) 2022

1. The trial is one in which a preliminary trial hearing is required to be held in accordance with section 6(2) of the 2021 Act because (a) the accused is charged with a relevant offence within the meaning of section 5 of the 2021 Act, namely .......; (b) this application is made to the Court for a preliminary trial hearing to be held, and (c) no preliminary trial hearing has previously been held in respect of the trial of the said offence

*Agree/*Disagree

*Reasons for disagreement

2. The trial is not one in which a preliminary trial hearing is required to be held in accordance with section 6(2) of the 2021 Act, but it would be conducive to the expeditious and efficient conduct of the proceedings, and not contrary to the interests of justice for a preliminary trial hearing to be held.

*Agree/*Disagree

*Reasons for disagreement

*Evidence expected to be required

Reasons

Evidence intended to be led

3. The following orders/rulings regarding the availability of witnesses for the trial

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

4. The following orders/rulings regarding particular practical measures or technological equipment required for the conduct of the trial

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

5. The following orders/rulings arising from the extent to which the trial is ready to proceed (including any outstanding issues relating to disclosure)

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

6. The following orders/rulings arising from the likely length of the trial (which is estimated to be .......)

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

7. There being two or more persons charged in the same proceedings, namely .........., an order that the persons be tried separately

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

8. An order under or pursuant to

section 6

of the

Criminal Justice (Administration) Act 1924

that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

9. An order under or pursuant to section 15A of the Juries Act 1976 that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

10. An order under or pursuant to *section 21 *

section 22

of the

Criminal Justice Act 1984

that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

11. An order under or pursuant to

section 3

of the

Criminal Law (Rape) Act 1981

that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

12. An order under or pursuant to *section 13, *section 14, *section 14A, *section 14C, *section 19A *

section 29

of the

Criminal Evidence Act 1992

that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

13. An order under or pursuant to

section 39

of the

Criminal Justice Act 1999

that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

14. An order under or pursuant to

section 181

of the

Criminal Justice Act 2006

that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

15. An order under or pursuant to

section 67

of the

Criminal Justice (Mutual Assistance) Act 2008

that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

16. An order under or pursuant to

section 34

of the

Criminal Procedure Act 2010

that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

17. An order under or pursuant to

section 21

of the

Criminal Justice (Victims of Crime) Act 2017

that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

18. An order under or pursuant to

section 25

of the

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

19. A relevant order, within the meaning of

section 3

(1) of the

Criminal Procedure Act 2021

, as to the admissibility of evidence (including an order under or pursuant to

section 16

of the

Criminal Evidence Act 1992

), that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

20. The following other order, that could be made by the Court in the absence of the jury, that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

21. The following other order, relating to the conduct of the trial of the offence concerned which it is submitted should appear necessary to the Court to ensure that due process and the interests of justice are observed, that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

22. The following orders, with regard to the conduct of the preliminary trial hearing, which it is submitted is appropriate and in accordance with the interests of justice, that

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

23. Insert brief details of any other order, ruling or direction sought

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that

Reasons

Reasons

Evidence intended to be led

Evidence expected to be required

Dated:..........20..

Signed:______

*(Solicitor for) Accused/*Prosecutor

To: *Prosecutor/*(Solicitor for) Accused

I have completed the above reply to this application for a preliminary trial hearing

Dated:...........20..

Signed:_

*Prosecutor/*(Solicitor for) Accused

To: *(Solicitor for) Accused/*Prosecutor

And to: Combined Court Office/Circuit Court Office at ............

*Delete where inapplicable

Form 57

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

People (D.P.P.) -v- ........

Case/ Bill no .....

NOTICE OF APPLICATION TO VARY/DISCHARGE ORDER MADE AT PRELIMINARY TRIAL HEARING (PTH)

TAKE NOTICE that an application will be made to the Circuit Criminal Court sitting at ........... at .... o’clock or as soon as may be thereafter on the .... day of ..... 20... on behalf of the *accused/*prosecution for an order in accordance with

section 6

(15)(b) of the

Criminal Procedure Act 2021

*varying the order that ........................ made at the preliminary trial hearing in respect of the trial held on the .... day of ..... 20... to the effect that ........[

insert variation sought

].

*discharging the order that ........................ made at the preliminary trial hearing in respect of the trial held on the .... day of ..... 20...

on the grounds that there has been a material change in circumstances relevant to the said order, namely that ..........................................................................................

Dated:...................20..

Signed:_

*Prosecutor/*(Solicitor for) Accused

To: *(Solicitor for) Accused/*Prosecutor

And to: Combined Court Office/Circuit Court Office at ..............

*Delete where inapplicable

EXPLANATORY NOTE

(

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

)

These rules insert a new Order 68C to the Circuit Court Rules and insert Forms 56 and 57 to the Schedule to those rules to facilitate the operation of the

Criminal Procedure Act 2021

.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

16

th September,

2022.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act 1936

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act 1924

;

section 70

of the

Courts of Justice Act 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act 1961

);

section 27

of the

Courts (Supplemental Provisions) Act 1961

,

section 11

of the

Criminal Procedure Act 2021

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 this 26

th

day of April 2022.

Patricia Ryan Chairperson

Sarah Berkeley

John Aylmer

Tomás Keys

Tracy Ennis Faherty

Michele O’Boyle

Siún Hurley

Sabina Purcell

Rita Considine

James Finn

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

Dated this 8th day of September 2022

HELEN MCENTEE

Minister for Justice