Rules of the Superior Courts (Criminal Justice Acts 2006 and 2007) 2009
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: The Rules of the Superior Courts are hereby amended:
(i) by the substitution for the title of Order 58 of “Appeals and References to the Supreme Court”;
(ii) by the insertion immediately following rule 23 of Order 58 of the following:
“24. (1) Where an appeal is made to the Supreme Court in accordance with section 29(2) of The Courts of Justice Act 1924 , the appellant shall serve a notice, in the Form No. 1, Appendix FF, on the prosecutor and shall lodge the original certificate as to the point of law of exceptional public importance concerned in the Office of the Registrar of the Supreme Court when entering the notice of appeal in accordance with rule 11.
(2) Where an appeal is made to the Supreme Court in accordance with section 29(3) of The Courts of Justice Act 1924 , the appellant shall serve a notice in the Form No. 2, Appendix FF, together with a copy of the certificate as to the point of law of exceptional public importance concerned, on the accused person concerned and shall lodge the original of such certificate in the Office of the Registrar of the Supreme Court when entering the notice of appeal in accordance with rule 11.
(3) Where, in an appeal made to the Supreme Court in accordance with section 29(3) of The Courts of Justice Act 1924 , the accused person concerned intends to be heard on the appeal, he or his legal representative shall give notice in writing of this intention to the Registrar of the Supreme Court not later than fourteen days after service on him of the notice mentioned in sub-rule (2), and give a copy of such notice to the appellant within the same period.
25. (1) In the case of any appeal under section 29(2) or section 29(3) of The Courts of Justice Act 1924 , the notice of appeal shall be served not later than twenty-one days from the issuing of the certificate referred to in section 29(2) or section 29(3) of that Act, as the case may be.
(2) The Supreme Court, whether on an application made by a party on notice to every other person entitled to be heard, or of its own motion, may make such orders and give such directions as to the conduct of the appeal as seem appropriate.
(3) Where, in any appeal under section 29(2) or section 29(3) of The Courts of Justice Act 1924 , the appellant wishes to seek a determination in relation to any part of the decision of the Court of Criminal Appeal concerned other than the point of law of exceptional public importance which is the subject of a certificate, the appellant shall apply to the Supreme Court, by motion on notice to every other person entitled to be heard, for an order granting leave for argument to be heard and a determination made in relation to such part.
(4) In a case to which sub-rule (3) applies, the notice of appeal shall specify the part of the decision other than such point of law of exceptional public importance concerned, and the determination sought on such part.
(5) In the case of an appeal under section 29(3) of that Act, an order assigning counsel under section 29(5) of that Act shall, where either of the circumstances referred to in paragraphs (a) or (b) of section 29(5) of that Act applies, be made on an application made under sub-rule (2), or otherwise at any time of the Supreme Court’s own motion.
26. (1) Where a question of law is referred to the Supreme Court for determination in accordance with section 34 of the Criminal Procedure Act 1967 , the Attorney General or Director of Public Prosecutions (as appropriate) shall serve a notice in the Form No. 3, Appendix FF, together with a copy of the statement of the question of law concerned, on the acquitted person concerned and shall lodge a copy of that notice, together with the original statement referred to in section 34 (2) of that Act, duly signed, in the Office of the Registrar of the Supreme Court within seven days of the service of the notice.
(2) Where the acquitted person concerned intends to be heard on the reference, he or his legal representative shall give notice in writing of that intention to the Registrar of the Supreme Court not later than fourteen days after service on him of the notice mentioned in sub-rule (1), and give a copy of such notice to the Attorney General or Director of Public Prosecutions (as appropriate) within the same period.
(3) The Supreme Court may, on the application of any person entitled to be heard on the reference, on notice to every other person so entitled to be heard, make such orders and give such directions as to the conduct of the reference as seem appropriate.
(4) An order assigning counsel under section 34(4) of that Act shall, where either of the circumstances referred to in paragraphs (a) or (b) of section 34(4) of that Act applies, be made on such an application, or otherwise be made at any time of the Supreme Court’s own motion.
(5) The moving party shall without delay lodge in the Office of the Registrar of the Supreme Court five books each containing copies of all documents required for the hearing of the reference with a sufficient index, unless the Court shall otherwise require.
27. Where a certificate referred to in section 96(4) of the Criminal Justice Act 2006 requires to be issued on the determination of an appeal, such certificate shall be in the form set out in Form No. 28 in Appendix U with such modifications as may be appropriate, and shall be transmitted forthwith by or on behalf of the Registrar of the Supreme Court to each of the persons referred to in section 96(6) of that Act.”;
(iii) by the insertion, immediately following rule 27 of Order 84 of the following:
“28. Where a certificate referred to in section 96(4) of the Criminal Justice Act 2006 requires to be issued otherwise than on the determination of an appeal, such certificate shall be in the Form No. 28 in Appendix U with such modifications as may be appropriate, and shall be transmitted forthwith by or on behalf of the Registrar to each of the persons referred to in section 96(6) of that Act.”;
(iv) in the definition of “relevant authority” in sub-rule (1) of rule 1 of Order 84B by the deletion of “or” immediately following paragraph (f) of that definition and by the insertion immediately following paragraph (g) of that definition of the following:
“or
(h) any appointed person within the meaning of section 42(13) of the Garda SÃ­ochÃ¡na Act 2005,”;
(v) by the insertion immediately following rule 11 of Order 85 of the following:
“12. (1) In this rule, “the Act” means the Criminal Justice Act 2006 .
(2) Where the conviction of a person gives rise to a requirement to issue a certificate referred to in section 96(1) of the Act, such certificate shall be in the Form No. 2 in Appendix DD, and shall be transmitted forthwith by or on behalf of the Registrar to each of the persons referred to in section 96(6) of the Act.
(3) Where the sentencing of a person gives rise to a requirement to issue a certificate referred to in section 96(2) of the Act, such certificate shall be in the Form No. 3 in Appendix DD, and shall be transmitted forthwith by or on behalf of the Registrar to each of the persons referred to in section 96(6) of the Act.
(4) Where any notice referred to in section 99(15), section 100(5) or section 100(8) of the Act requires to be given, the notice shall be, respectively, in the Forms Nos. 4, 5 and 6 in Appendix DD.
(5) Where the Central Criminal Court makes an order under section 9(2)(c) of the Bail Act 1997 , a copy of the Court’s order shall be served on the entity concerned by such person as the Court directs.
(6) Where the Central Criminal Court, having appointed a receiver under section 9(2)(d) of the Bail Act 1997 , directs the receiver to account to any person in respect of the receivership, the account shall, subject to any modifications which may be necessary or as the Court may direct, be in the Form No. 20 in Appendix G and the affidavit verifying the account shall, subject to any modifications which may be necessary, be in the Form No. 24 in Appendix G.”;
(vi) by the insertion in rule 5 of Order 86 immediately following the words “Form No. 27. ” of the words “Every notice of appeal under section 24 of the Criminal Justice Act 2006 shall be served on the Registrar within the period referred to in section 24 (2) of that Act and shall be in the Form No. 29.”;
(vii) by the substitution for sub-rule (1) of rule 8 of Order 86 of the following:
“(1) Subject to any relevant provision of statute, the Court shall have power to enlarge the time appointed for doing any act or taking any proceeding upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed.”;
(viii) by the insertion immediately following sub-rule (6) of rule 31 of Order 86 of the following:
“(7) Every application for a certificate of the Court referred to in section 29(2) or section 29(3) of The Courts of Justice Act 1924 shall be made upon the delivery of the Court’s judgment on the appeal concerned or within twenty-one days thereafter.”;
(ix) by the insertion immediately following rule 38 of Order 86 of the following:
“39. Where a certificate referred to in section 96(4) of the Criminal Justice Act 2006 requires to be issued on the determination of an appeal, such certificate shall be in the Form No. 28 in Appendix U, and shall be transmitted forthwith by or on behalf of the Registrar to each of the persons referred to in section 96(6) of that Act.”, and
(x) by the insertion immediately following Order 137 of the following Order:
“Order 138
Applications under the Criminal Justice Act 2006
1. In this Order, “the Act” means the Criminal Justice Act 2006 .
Applications under section 5 of the Act
2. (1) Subject to sub-rules (2) and (3), an application for an order under section 5(11) of the Act shall, save in the circumstances referred to in section 5(12)(b) of the Act, be made by motion on such notice as is reasonably practicable to the occupier or owner of the place concerned and grounded upon an affidavit. The Court may adjourn the application so as to give the owner or occupier of the place concerned an opportunity to be heard on the application in accordance with section 5(13) of the Act.
(2) The provisions of Order 52, rule 6 shall not apply to an application under this rule.
(3) Where the Court is satisfied that the urgency of the case so requires, it may direct that the application be heard on oral evidence.
Applications under section 182 of the Act
3. (1) Subject to sub-rule (4), an application by a member of the Garda SÃ­ochÃ¡na not below the rank of superintendent to a judge of the High Court for an order under section 182(1) of the Act may, save where the Court otherwise directs, be made by originating motion ex parte grounded upon an affidavit sworn by or on behalf of the moving party. The originating motion shall be entitled:
“The High Court
In the Matter of section 182 of the Criminal Justice Act 2006
On the Application of AB”.
(2) In addition to any other order which may be made on the hearing of the originating motion, the Court may, at such hearing:
(a) make such orders or give such directions as seem appropriate as to the giving of notice of the application to any person;
(b) make such orders or give such directions as seem appropriate for the delivery of further affidavits and for the hearing of the application.
(3) Where the Court is satisfied that the urgency of the case so requires, it may direct that the application be heard on oral evidence.
(4) Where the Court makes an order in accordance with sub-rule (1), a copy of the order, the originating motion, the affidavit and any exhibits thereto shall be served on each of the trustees of the trust and on the person suspected of having committed an arrestable offence. The Court may direct service of such documents on such other person or persons as it considers just.
4. (1) An application under section 182(4) of the Act to vary or discharge an order made under that section shall be made by motion on notice.
(2) Subject to sub-rule (3), unless the Court otherwise directs or permits, an application referred to in this rule shall be grounded upon an affidavit sworn by or on behalf of the moving party. Notice of the motion shall be given by delivering copies of the notice of motion and grounding affidavit and any exhibits thereto to the respondent or (as the case may be) the applicant named in the originating notice of motion, not later than four clear days before the return date for the motion.
(3) Where the Court is satisfied that the urgency of the case so requires, it may direct that the application be heard on oral evidence. ”
num: 2
paragraphs: The Rules of the Superior Courts are hereby amended: