Offences Against the State Acts 1939 to 1998 Special Criminal Court No. 2 Rules 2016.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Rules shall come into operation on the 25th day of April 2016, and may be cited as the Offences Against the State Acts 1939 to 1998 Special Criminal Court No.2 Rules 2016.
(2) These Rules shall apply, when appropriate, to all proceedings, taken on or after that day and in all cases then pending before the Special Criminal Court established on the 14th day of December, 2004.
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paragraphs: The Interpretation Act 2005 shall apply to these Rules.
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paragraphs: In these Rules:
(a) any shorthand or other note, whether written, typed or printed, and
(b) any sound recording or other recording, capable of being reproduced in legible, audible or visual form, approved by 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 Prosecution 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-rule (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, and
(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 or her 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 or her 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.
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paragraphs: (1) An application to the Court for an order under section 49(1)(e) of the Principal Act shall be made ex parte on a motion docket.
(2) The Registrar shall transmit a certified copy of an order made by the Court under section 49(1)(e) of the Principal Act to any High Court Registrar, County Registrar, Registrar of the Circuit Court or District Court Clerk who is required under any provision of these Rules to transmit any documents to the Registrar in connection with any trial.
(3) The Chief Prosecution Solicitor shall:
(a) where a person has been sent for trial or has been sent forward for trial by the District Court under section 46 of the Principal Act or the High Court has made an order under section 48 of the Principal Act for the transfer of the trial of a person on a charge to a Special Criminal Court, serve a copy of the order made by the Court under section 49(1)(e) of the Principal Act on the person to be tried by the Court;
(b) where it is intended that a person be brought before the Court under section 47 of the Principal Act and charged with an offence, unless that person was present in the Court when the order was made, cause notice to be given to that person (which notice may be given orally) of the making of the order made by the Court under section 49(1)(e) of the Principal Act.
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paragraphs: (1) Where a person charged with an indictable offence has been sent forward by a Judge of the District Court for trial to the Central Criminal Court or to the Circuit Court on such charge, and:
(a) the High Court makes an order under section 48 of the Principal Act for the transfer of the trial of such person on such charge to a Special Criminal Court, and
(b) the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned,
(2) In any such case the Chief Prosecution Solicitor shall file with the Registrar a certified copy of the order of the High Court.
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paragraphs: (1) In the case of an indictable offence the Chief Prosecution 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 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 a Special Criminal Court for trial by a Judge of the District Court, or
(b) the High Court has under section 48 of the Principal Act transferred the trial of any person to a Special Criminal Court,
(i) a copy of the indictment, and
(ii) copies of the depositions (if any) relating to the offences with which the person is charged.
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paragraphs: In the case of an indictable offence, where a person has been sent forward to a Special Criminal Court for trial and the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned, the Director of Public Prosecutions shall cause to be served on the person a list of any further witnesses whom the Director of Public Prosecutions 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 4F of the Criminal Procedure Act 1967 .
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paragraphs: (1) Where a person charged with an indictable offence is sent forward by a Judge of the District Court to a Special Criminal Court for trial, the Clerk for the District Court Area where such order was made shall, within seven days of the receipt under Rule 9(2) of the certified copy order under section 49(1)(e) of the Principal Act in respect of the trial concerned, transmit to the Registrar such of the following documents as are relevant to the case:—
(a) a statement of the charges against the person;
(b) a copy of any sworn information in writing upon which the proceedings were initiated;
(c) a list of the witnesses the prosecutor proposes to call at the trial;
(d) a statement of the evidence that is expected to be given by each of them;
(e) a copy of any document containing information which it is proposed to give in evidence by virtue of Part II of the Criminal Evidence Act 1992 ;
(f) where appropriate, a copy of a certificate under section 6 (1) of the Criminal Evidence Act 1992 ;
(g) a list of the exhibits (if any);
(h) any exhibit put in evidence and handed in to Court;
(i) the order of the Judge of the District Court sending the person forward for trial;
(j) any recognisance taken in accordance with section 22 of the Criminal Procedure Act 1967 in relation to the case.
(2) Where a deposition has been taken under section 4F of the Criminal Procedure Act 1967 , the Clerk for the District Court Area concerned shall transmit the deposition to the Registrar.
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paragraphs: Where a person is brought before a Judge of the District Court charged with an offence which such Judge had jurisdiction to dispose of summarily, and:
(i) such Judge has sent such person to a Special Criminal Court for trial, and
(ii) the Court makes an order under section 49(1)(e) of the Principal Act in respect of the trial concerned, the following provisions shall apply—
(a) the Chief Prosecution Solicitor, within seven days of the making of such order by the Judge of the District Court, shall furnish to such person a list of the charges to be preferred against him or her with a summary of the evidence to be given at his or her 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 District Court Area where such order was made, within seven days of the receipt under Rule 9(2) of the certified copy order under section 49(1)(e) of the Principal Act in respect of the trial concerned, shall transmit to the Registrar:
(i) a statement of the charges upon which such person was sent for trial;
(ii) the order of the Judge of the District Court sending such person to the Court for trial;
(iii) any recognisance taken in accordance with section 22 of the Criminal Procedure Act 1967 in relation to the case;
(iv) any exhibit handed in to the District Court;
(v) any sworn information in writing upon which the proceedings were initiated.
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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 Prosecution Solicitor shall furnish to such person or to such person’s solicitor so authorised by him or her:
(a) a list of the charges to be preferred against the person;
(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 or her solicitor (if authorised by the accused person so to do) shall have the right to inspect all exhibits.
(3) Copies of the documents referred to in sub-rule (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, the Chief Prosecution Solicitor shall furnish to the Court and to such person or such person’s solicitor so authorised by him or her:
(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.
(5)(a) In the case of an indictable offence the Chief Prosecution 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 shall, with necessary modifications, apply to every such indictment.
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paragraphs: Where a person is brought before the Court pursuant to either section 47(1) or section 47(2) of the Principal Act and charged with a summary offence then:
(a) the procedure provided by Rule 16 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 or her 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: