Offences Against The State Acts, 1939 To 1972 Special Criminal Court Rules, 1975.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules shall come into operation on the 13th day of October, 1975, and may be cited as the Special Criminal Court Rules, 1975.
They shall apply, when appropriate, to all proceedings, taken on or after that day and in all cases then pending before the Court.
As from the said date the Special Criminal Court Rules, 1972, are annulled and the following Rules shall stand in lieu thereof.
INTERPRETATION.
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paragraphs: The Interpretation Act, 1937 , shall apply to these Rules.
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paragraphs: In these Rules
the term "the Acts" means the Offences against the State Act, 1939 (No. 13 of 1939), as amended by the Offences against the State (Amendment) Act, 1972 (No. 26 of 1972), and any other Act amending or extending the same;
the term "the Principal Act" means the Offences against the State Act, 1939 ;
the term "the Court" means the Special Criminal Court established by an Instrument made and published by the Government on the 30th day of May, 1972, and shall include, where the context so admits, the members of the Court sitting for the purpose of the trial of any person or the making of any Order, or the exercise of any other function or jurisdiction;
the term "Director of Public Prosecutions" means the person for the time being holding the Office of Director of Public Prosecutions by virtue of the Prosecution of Offences Act, 1974 (No. 22 of 1974) where the context so permits or requires and shall include any person performing the functions of the Director of Public Prosecutions by virtue of that Act;
the word "exhibits" includes all books, papers and documents, and all other property, matters and things whatsoever connected with the proceedings against any person if the same have been transmitted to the Court or have been produced and used in evidence during such proceedings or on any application made to the Court in reference to any such proceedings or intended proceedings and any written statement handed into Court by such person but does not include the statement of evidence that is to be given by each of the witnesses, or the original deposition of any witness examined before the Justice of the District Court or any indictment against any such person;
the word "person" includes a corporation;
the term "the Registrar" means the Registrar of the Court;
the term "Official Stenographer" means the person appointed to attend the trial, and, where necessary, to make a report.
SITTINGS OF THE COURT.
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paragraphs: Sittings of the Court shall be held at such places and at such times as may be decided by the Court.
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paragraphs: The Registrar shall give notice of the place and time of each sitting of the Court to the Chief State Solicitor and to persons to be tried at such sitting. If a person for trial is represented by a solicitor, the Registrar may also give such notice to the solicitor for such person.
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paragraphs: (1) The members of the Court shall take their seats in such order as the Court may decide and the Court shall decide which member shall preside.
(2) The decision of the Court shall be pronounced by the presiding member.
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paragraphs: (1) The Court shall be an open Court to the sittings of which the public generally shall have access so far as the same can conveniently be provided and subject to such conditions and limitations as the Court may at any time and from time to time impose.
(2) Without prejudice to the generality of the power to impose conditions provided in sub-paragraph (1) hereof the Court shall have power:
( a ) to limit the number of members of the public, other than bona fide representatives of the Press, who may have access to a sitting of the Court either generally or for the hearing of any particular trial or trials,
( b ) to authorise members of the Garda SÃ­ochÃ¡na to prevent from attending any sitting of the Court any person who the Court has reason to believe is likely to interfere with the proceedings,
( c ) to direct the removal from the Court of any person interfering with its proceedings.
(3) Where the Court is satisfied that because of the special nature of, or of the circumstances of, any trial or proceeding before it, it is desirable in the interests of justice, or for the protection of the accused or any other person to do so, the Court may exclude from the hearing or from any specified portion of the hearing the public or any members of the public other than bona fide representatives of the Press.
(4) The Court may permit a witness to give his name and address in writing to the members of the Court and may also permit a witness including the accused to give the name and address of any person mentioned in his evidence in writing to the Court.
(5) The Court may direct that the name, address, or the evidence or any part of the evidence of any witness shall not be published.
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paragraphs: The Court may direct that a witness shall not remain in Court while the evidence of another witness is being given and may make provision for the separation of witnesses from each other.
INDICTABLE CASES OTHER THAN CASES BROUGHT UNDER SECTION 47 OF THE PRINCIPAL ACT.
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paragraphs: (1) Where a person charged with an indictable offence has been sent forward by a Justice of the District Court for trial to the Central Criminal Court or to the Circuit Court on such charge, and the High Court makes an Order for the transfer of the trial of such person on such charge to the Court, the appropriate County Registrar, within seven days of the making thereof, shall transmit to the Registrar all documents and exhibits in his custody relating to the trial of such person on such charge together with the indictment (if any) which shall have been filed with him relating to such trial.
(2) In any such case the Chief State Solicitor shall file with the Registrar a certified copy of the Order of the High Court within seven days of the making thereof.
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paragraphs: (1) In the case of an indictable offence the Chief State Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged.
(2) The provisions of the Criminal Justice Administration Act, 1924 , and section 18 of the Criminal Procedure Act, 1967 , shall, with necessary modifications, apply to every such indictment.
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paragraphs: Where, in the case of an indictable offence,
( a ) a person is sent forward to the Court for trial by a Justice of the District Court, or
( b ) the High Court has under the Principal Act transferred the trial of any person to the Court,
such person shall be entitled, on applying therefor to the Registrar, to receive from the Registrar free of charge
(i) a copy of the indictment, and
(ii) copies of the depositions (if any) relating to the offences with which he is charged.
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paragraphs: In the case of an indictable offence, where a person has been sent forward to the Court for trial the Director of Public Prosecutions shall cause to be served on him a list of any further witnesses whom he proposes to call at the trial, with a statement of the evidence that is to be given by each of them, a list of any further exhibits, a statement of any further evidence that is to be given by any witness whose name appears on the list of witnesses already supplied, and copies of any statement recorded, or any deposition taken under section 7 of the Criminal Procedure Act, 1967 , and any deposition taken under section 14 of that Act.
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paragraphs: Where a person charged with an indictable offence is sent or sent forward by a Justice of the District Court to the Court for trial, the Clerk for the Court area where such order was made shall, within seven days of the making of the order, transmit to the Registrar such of the following documents as are relevant to the case:—
( a ) a statement of the charges upon which the accused was sent or sent forward for trial,
( b ) any sworn information in writing upon which the proceedings were initiated,
( c ) a list of witnesses whom it is proposed to call at the trial,
( d ) a statement of the evidence that is to be given by each witness,
( e ) a list of exhibits (if any),
( f ) any deposition or statement taken before any Justice or Peace Commissioner in relation to the charge in respect of which such order was made,
( g ) any exhibit put in evidence and handed in to Court,
( h ) the order of the Justice sending the accused to the Court for trial or sending the accused forward for trial,
( i ) the witness order made by the Justice,
( j ) any recognisance taken by the Justice in relation to the case.
SUMMARY CASES OTHER THAN CASES UNDER SECTION 47 OF THE PRINCIPAL ACT.
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paragraphs: Where a person is brought before a Justice of the District Court charged with an offence which such Justice had jurisdiction to dispose of summarily, and such Justice has sent such person to the Court for trial, the following provisions shall apply—
( a ) the Chief State Solicitor, within seven days of the making of such Order by the District Justice, shall furnish to such person a list of the charges to be preferred against him with a summary of the evidence to be given at his trial. Such summary shall not preclude the production of such further evidence as may be adduced by the prosecution at the trial.
( b ) the Clerk of the Court Area where such Order was made, within seven days of the making of the Order, shall transmit to the Registrar
(i) a statement of the charges upon which such person was sent for trial,
(ii) the Order of the District Justice sending such person to the Court for trial,
(iii) any recognisance taken by the Justice in the case,
(iv) any exhibit handed in to the District Court,
(v) any sworn information in writing upon which the proceedings were initiated.
CASES UNDER SECTION 47 OF THE PRINCIPAL ACT.
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paragraphs: (1) Where a person is brought before the Court under section 47 of the Principal Act and charged with an indictable offence, the Chief State Solicitor shall furnish to such person or to his solicitor so authorised by him
( a ) a list of the charges to be preferred against him,
( b ) a list of the witnesses to be called,
( c ) a statement of the evidence that is to be given by each of them, and
( d ) a list of the exhibits (if any).
(2) An accused person, or his solicitor (if authorised by him so to do) shall have the right to inspect all exhibits.
(3) Copies of the documents referred to in sub-paragraph (1) shall also be furnished to the Court.
(4) Where on the trial of such person the Director of Public Prosecutions proposes to call further witnesses, or to adduce further evidence from a witness on the list of witnesses already supplied, he shall furnish to the Court and to such person or his solicitor so authorised by him
( a ) a list of further witnesses with a statement of evidence from each,
( b ) a statement of any further evidence from a witness whose name appears on the list of witnesses already supplied.
In either case he shall furnish a list of any further exhibits that are to be produced.
(5) ( a ) In the case of an indictable offence the Chief State Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged and the accused person shall be entitled, on applying to the Registrar therefor, to receive free of charge a copy of such indictment.
( b ) The provisions of the Criminal Justice Administration Act, 1924 , and section 18 of the Criminal Procedure Act, 1967 , shall, with necessary modifications, apply to every such indictment.
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paragraphs: Where a person is brought before the Court either pursuant to section 47 (1) or section 47 (2) of the Principal Act and charged with a summary offence then
( a ) the procedure provided by Rule 15 of these Rules in respect of a person charged before the Court with an indictable offence shall apply;
( b ) in any case where such a person is also charged before the Court with an indictable offence such person may, unless the Court otherwise orders, be indicted at his trial on an indictment which includes a count in respect of the summary offence.
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paragraphs: (1) Where under section 47 of the Principal Act