Offences Against The State Act, 1939 (No. 13 of 1939) Special Criminal Court Rules, 1972
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules shall come into operation on the 12th day of June, 1972, and may be cited as the Special Criminal Court Rules, 1972.
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paragraphs: The Interpretation Act, 1937 , shall apply to these Rules.
INTERPRETATION.
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paragraphs: In these Rules
" the Act " means the Offences against the State Act, 1939 , (No. 13 of 1939) ;
" the Court " means the Special Criminal Court established by Instrument made by the Government on the 30th day of May, 1972 ;
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 the 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 expression " the Registrar " means the Registrar of the Court ;
the expression " 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: The members of the Court will take their seats in order of seniority, the senior member present acting as President of the Court.
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paragraphs: (1) The Court shall be an open Court to which the public generally shall have access so far as the same can conveniently contain them, and subject to such conditions as the Court may from time to time impose.
(2) Where the Court is satisfied, because of the nature or the circumstances of the case or otherwise, in the interests of justice that it is desirable, the Court may exclude the public or any particular person or persons except bona fide representatives of the Press from the Court during the hearing.
(3) The Court may permit a witness to give his name in writing to the members of the Court. The Court may further direct that such name, or the evidence or part of the evidence of any witness should not be published.
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paragraphs: The Court may direct that no witness shall 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
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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: (1) 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 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 Attorney General 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 the said 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 relevent 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 the 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 SECTION 47 CASES
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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 ACT
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paragraphs: (1) Where a person is brought before the Court under section 47 of the Act and charged with an indictable offence, the Chief State Solicitor shall furnish to such person
(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) Copies of the documents referred to in the preceding sub-paragraph shall also be furnished to the Court.
(3) The accused person shall have the right to inspect all exhibits.
(4) Where on the trial of such a person the Attorney General proposes to call further witnesses, or to adduce further evidence from a witness on the list of witnesses already supplied, he shall furnish such person with
(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.
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paragraphs: (1) Where under section 47 of the Act