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  4. S.I. No. 252/1956 - Rules of the Court of Criminal Appeal. Criminal Appeal Rules, 1956.

S.I. No. 252/1956 - Rules of the Court of Criminal Appeal. Criminal Appeal Rules, 1956.

S.I. No. 252 of 1956.

RULES OF THE COURT OF CRIMINAL APPEAL. CRIMINAL APPEAL RULES, 1956.

WE, the Superior Courts Rules Committee, constituted pursuant to the provisions of section 67 of the Courts of Justice Act, 1936 , and reconstituted pursuant to the provisions of section 15 of the Courts of Justice Act, 1953 , by virtue of the powers conferred upon us by section 36 of the Courts of Justice Act, 1924 , and section 68 of the Courts of Justice Act, 1936 , and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 11th day of May. 1956.

CONCHUBHAR A. MAGUIDHIR, C.J.

CEARBHALL Ó DÁLAIGH.

KEVIN DIXON.

JOHN O'LEARY.

THOMAS V. DAVY.

SAMUEL V. KIRWAN.

JAMES J. HICKEY.

RALPH J. WALKER.

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

Dated this 26th day of September, 1956.

JAMES EVERETT,

Aire Dlí agus Cirt.

1 Definitions

1. In these Rules :—

The expression " the Act " shall mean the Courts of Justice Act, 1924 .

The expression " Judge of the Court of Trial " shall mean the Judge of any Court from the conviction before or the sentence of which a person desires to appeal under the Act.

The expression " proper officer of the Court of Trial " shall mean the Clerk of the Court or other person for the time being acting as such in any Court from the conviction before or the sentence of which a person desires to appeal under the Act.

The expression " official stenographer " shall mean the person or persons appointed from time to time as such for the purposes of section 33 of the Act.

The expression " exhibits " shall include all books, papers and documents, and all other property, matters and things whatsoever connected with the proceedings against any person who is entitled or may be authorised to appeal under the Act if the same have been forwarded to the Court of Trial on the person accused being committed for trial or have been produced and used in evidence during the trial of, or other proceedings in relation to a person entitled or authorised under the Act to appeal, and any written statement handed in to the Judge of the Court of Trial by such person, but shall not include the original depositions of witnesses examined before the committing Justice nor any indictment against any such person or any plea filed in the Court of Trial.

The expression " Court " shall mean " Court of Criminal Appeal," and shall, in relation to any interlocutory application, include the Chief Justice or other Judge acting in pursuance of section 7 of the Courts of Justice Act, 1928 .

The expression " appellant " shall include an applicant for leave to appeal.

2 Forms

2. The forms set out in the Appendix to these Rules, with such adaptions and modifications as may be necessary, shall be used in all cases to which such forms are applicable, and the forms hereinafter referred to are those set out in such Appendix.

3 Certificate of the Judge of the Court of Trial

3. Every application for a certificate of the Judge of the Court of Trial under section 31 of the Act shall be made at the close of the trial or within three days thereafter, and the certificate when granted may be in Form No. 1.

4 Notice of Appeal

4. A person desiring, under the provision of the Act, to appeal to the Court shall serve on the Registrar a notice of appeal or notice of application for leave to appeal, as the case may be, in the form of such notice set forth in the Appendix hereto, and in the notice so served shall answer the questions and comply with the requirements set forth thereon.

5 ..

5. Every notice of appeal shall be given within seven days from the date of the grant of the certificate in section 31 of the Act mentioned, and every notice of application for leave to appeal shall be given within seven days from the date of the refusal of such certificate.

6 ..

6. Where the Court has, on a notice of application for leave to appeal duly served, given an appellant leave to appeal, it shall not be necessary for such appellant to give any notice of appeal, but the notice of application for leave to appeal shall in such case be deemed to be a notice of appeal.

7 ..

7. When the Registrar receives a notice of appeal, or a notice of application for leave to appeal, he shall give notice thereof in Form No. 4 to the following persons :—

(i) the Chief State Solicitor

(ii) the proper officer of the Court of Trial, and

(iii) the Commissioner of the Garda Síochána; and also, if the appellant is in prison, or has been released on bail from prison, to

(iv) the Governor of such prison, and

(v) the Secretary of the Department of Justice;

provided that the Registrar shall not be required to give such notice to the Governor of a prison if the appellant's notice of appeal, or notice of application for leave to appeal, shall have been forwarded to the Registrar by such Governor.

8 Enlargement of time for Appealing

8. (a) The Court shall have power to enlarge the time appointed by these Rules or fixed by any order enlarging time 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 or allowed.

(b) An application to the Court for an enlargement of time within which notice of appeal or notice of application for leave to appeal may be given shall be in Form No. 5.

(c) The form of application shall, in addition to specifying the grounds of such application, also specify the grounds on which the applicant proposes to base his appeal or application for leave to appeal.

9 Appeals Where Fine Only is Inflicted.

9. (a) Where a person has, on his conviction, been sentenced to payment of a fine, and in default of payment to imprisonment, the person lawfully authorized to receive such fine shall, on receiving the same, retain it until the determination of any appeal in relation thereto.

(b) If such person remains in custody in default of payment of the fine, he shall be deemed, for all purposes of the Act or these Rules, to be a person sentenced to imprisonment.

(c) Where any person has been convicted and is thereupon sentenced to the payment of a fine, and, in default of such payment, to imprisonment, and he intimates to the Judge of the Court of Trial that he is desirous of appealing against his conviction or sentence to the Court, and applies for the certificate in section 31 of the Act mentioned, upon any grounds mentioned in section 32 of the Act, such Judge may, if he gives the certificate mentioned in section 31 of the Act, order such person forthwith to enter into recognizances in such amount, and with or without sureties in such amount as such Judge may think right, to prosecute his appeal, and, subject thereto, may order that payment of the said fine shall be made at the final determination of his said appeal, if the same be dismissed, to the Registrar of the Court of Criminal Appeal, or as such Court may then order. The recognizances under this Rule shall be in the Forms Nos. 6 and 7. A surety becoming duly bound by recognizances under this Rule shall be deemed to be, for all purposes, and shall have all the powers of a surety under the provisions of Rule 21.

The proper officer of the Court of Trial shall forward the recognizances of the appellant and his surety or sureties to the Registrar.

(d) An appellant who has been sentenced to the payment of a fine, and has paid the same in accordance with such sentence, shall, in the event of an appeal by him being successful, be entitled, subject to any order of the Court, to the return of the sum so paid by him.

(e) If an appellant to whom paragraph (c) applies does not serve in accordance with these Rules, a notice of appeal upon any grounds mentioned in section 32 of the Act, within seven days from the date of the grant of the certificate, the Registrar shall report such omission to the Court who may, after notice in the forms Nos. 8 and 9 has been given to the appellant and his sureties, if any, order an estreat of the recognizances of the appellant and his sureties in manner provided by Rule 21 (p) hereof, and may issue a warrant for the apprehension of the appellant and may commit him to prison in default of payment of his fine, or may make such other order as they think right.

10 Suspension of Order of Trial Judge Pending Appeal

10. Where the Judge of the Court of Trial is of opinion that the title to any property the subject of an order of restitution made on a conviction of a person before him, or any property to which the provisions of sub-section (1) of section 24 of the Sale of Goods Act, 1893, apply, is not in dispute, he, if he shall be of opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal, shall give such directions to or impose such terms upon the person in whose favour the order of restitution is made, or in whom such property revests under such sub-section, as he shall think right in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal.

11 ..

11. (a) Where, on the conviction of a person, the Judge of the Court of Trial makes an order condemning such person to the payment of the whole or of any part of the costs and expenses of the prosecution for the offence of which he shall be convicted out of anymoneys taken from such person on his apprehension or otherwise, or where such Judge orders a reward to any person who shall appear to have been active in the apprehension of any such convicted person, or where such Judge makes any order under section 74 of the Offences Against the Person Act, 1861 (24 & 25 Vict. c. 100) or where such Judge makes any order awarding to any person aggrieved any sum of money to be paid by such convicted person under the Forfeiture Act 1870 (33 & 34 Vict. c. 23) or where such Judge makes on the conviction of any person before him any order for the payment of money by such convicted person or by any other person or any order affecting the rights or property of such convicted person, the operation of such orders shall in any of such cases be suspended until the expiration of ten clear days after the day on which any of such orders was made. And in cases where notice of appeal or notice of application for leave to appeal is given within such ten days such order shall be further suspended until the determination of the appeal against the conviction in relation to which it was made. The Court may by order annul any order to which this Rule refers on the determination of any appeal under the Act, or, may vary such order, and such order, it annulled, shall not take effect, and, if varied, shall take effect as so varied.

The proper officer of the Court of Trial shall keep a record of any orders to which this Rule refers.

(b) Where the Judge of the Court of Trial makes any such order on a person convicted before him, as in this Rule mentioned, he shall give such directions as he thinks right as to the retention by any person of any money or valuable securities belonging to the person so convicted and taken from such person on his apprehension, or of any money or valuable securities at the date of his conviction in the possession of the prosecution, for the period of ten clear days, or, in the event of an appeal, until the determination thereof by the Court. The proper officer of the Court of Trial shall keep a record of any directions given under this Rule.

(c) Where, the Judge or the Court of Trial, on the conviction of a person before him, makes any order for the payment of money by such person or by any other person upon such conviction, and, by reason of this Rule, such order would otherwise be suspended, such Judge may, if he thinks right so to do, direct that the operation of such order shall not be suspended unless the person on whom such order has been made shall, in such manner and within such time as the said Judge shall direct, give security by way of undertaking or otherwise for the payment to the person in whose favour such order shall have been made of the amount therein named. Such security may be to the satisfaction of the person in whose favour the order for payment shall have been made or of any other person as such Judge shall direct.

(d) Where on a conviction any property, matters or things the subject of the prosecution or connected therewith are to be or may be ordered to be destroyed or forfeited under the provisions of any Statute, the destruction or forfeiture or order for destruction or forfeiture thereof shall be suspended for the period of ten clear days from the close of the trial, and, in the event of an appeal under the Act, shall be further suspended until the determination thereof by the Court.

(e) Where, upon conviction of any person of any offence, any claim may be made or any proceedings may be taken under any Statute against such person or any other person in consequence of such conviction, such proceedings shall not be taken until after the period of ten clear days from the close of the trial, or in the event of an appeal under the Act to the Court until the determination thereof.

12 ..

12. An order of restitution shall be suspended for the period of ten clear days from the day of the close of the trial, and, in cases where notice of appeal or notice of application for leave to appeal is duly given within ten clear days after such day, the period of suspension of such order shall continue until the determination of the appeal.

13 ..

13. (a) The Clerk of the Court of Trial, or other officer thereof having the custody of the records of such Court, or the deputy of such Clerk or other officer, shall not issue, under any Statutes authorising him so to do, a certificate of conviction of any person convicted on indictment in the Court to which he is such Clerk, officer, or deputy, for the period of ten clear days after the day of the close of the trial, or, when a notice of appeal or of application for leave to appeal has been duly given under the Act, until the determination thereof.

(b) Where an application is made to such Clerk, officer, or deputy to issue such certificate of conviction as in this Rule mentioned after the expiration of the said period of ten clear days, he shall require, before issuing the same, to be satisfied that there is no appeal then pending in the Court against such conviction. A person desirous of obtaining a certificate of conviction from such Clerk, officer, or deputy shall be entitled to obtain from the Registrar a certificate in Form No. 10 for the purpose of satisfying by the production thereof such Clerk, officer, or deputy that no appeal against such conviction is then pending. After the expiration of two months from the date of the conviction a certificate thereof may be issued by such Clerk, officer, or deputy as heretofore, except in cases in which he has had notice of an appeal or application for leave to appeal still undetermined.

For the purposes of this Rule the expression " conviction " shall mean the verdict or plea of guilty and any final judgment passed thereon.

14 Official Stenographer and Transcript of Notes

14. (a) The official stenographer shall sign the shorthand note taken by him of any trial or proceeding, or of any part of such trial or proceeding, and certify the same to be a complete and correct shorthand note thereof, before submitting it, with the transcript thereof, to be certified by the Judge of the Court of Trial in pursuance of section 97 of the Act, and shall retain the same unless and until he is directed by the Registrar to forward such shorthand note to him.

(b) The official stenographer shall, on being directed by the Registrar, furnish to him for the use of the Court, a transcript of the whole or of any part of the shorthand note taken by him of any trial or proceeding in reference to which an appellant has appealed under the Act.

(c) A party interested in an appeal under the Act may obtain from the Registrar a copy of the transcript of the whole or of any part of such shorthand note as relates to the appeal upon payment of the proper charges applicable thereto.

(d) Whenever under the Act or these Rules a transcript of the whole or of any part of such shorthand note is required for the use of the Court, such transcript may be made by the official stenographer who took and certified the shorthand note, or other competent person.

(e) A transcript of the whole or any part of the shorthand note relating to the case of any appellant which may be required for the use of the Court shall be typewritten and certified by the person making the same to be a correct and complete transcript of the whole, or of such part, as the case may be, of the shorthand note purporting to have been taken, signed, and certified by the official stenographer who took the same.

(f) For the purpose of section 33 of the Act the report of the official stenographer shall contain the evidence and any objection taken in the course thereof, any statement made by the prisoner, the summing up, and sentence of the Judge of the Court of Trial, but unless otherwise ordered by such Judge shall not include any part of the speeches of counsel or solicitor.

15 Exhibits and Documents relating to Trial

15. (a) The Judge of the Court of Trial may make any order he thinks fit for the custody, disposal, or production of any exhibits in the case, but, unless he makes any such order, exhibits shall be returned to the custody of the person producing the same or of the solicitor for the prosecution or defence respectively. Such person or solicitor shall retain the same pending any appeal and shall on notice from the Registrar or Chief State Solicitor produce or forward the same as and when required so to do.

(b) The proper officer of the Court of Trial shall keep a record of any order or direction of the Judge thereof given under this Rule.

(c) Exhibits, other than such documents as are usually kept by the proper officer of the Court of Trial, shall, subject to any order which the Court may make, be returned to the person who originally produced the same, provided that any such exhibit to which the provisions of Rule 12 relate shall not be so returned except under the direction of the Court.

16 ..

16. When the Registrar receives a notice of appeal or a notice of application for leave to appeal, he shall forthwith apply to the proper officer of the Court of Trial for the original depositions of witnesses examined before the committing Justice, the indictment or indictments against the appellant, a copy of the record of the trial of the appellant from the Trials Book, any exhibit or exhibits retained by such officer and a list of such exhibits; and such officer shall forthwith furnish the same to the Registrar. Upon the final determination of the appeal or application for leave to appeal, the Registrar shall return the aforesaid documents to such officer.

17 Documents for use of Court and Appellants

17. (a) The Registrar may, on an application made to him by the appellant or Attorney General in any appeal, or where he considers the same to be necessary for the proper determination of any appeal or application, or shall, where directed by the Court so to doobtain and keep available for use by the Court any documents, exhibits or other things relating to the proceedings before the Court, and, pending the determination of the appeal, such documents, exhibits, or other things shall be open as and when the Registrar may arrange, for the inspection of any party interested.

(b) The Court may, at any stage of an appeal, whenever they think it necessary or expedient in the interest of justice so to do on the application of an appellant or the Attorney General order any document, exhibit, or other thing connected with the proceedings to be produced to the Registrar or before them, by any person having the custody or control thereof. Any order of the Court under this Rule may be served as in this Rule provided.

(c) Service of any order made under this Rule shall be personal service, unless the Court otherwise order, and for the purpose of effecting due service thereof the Registrar may require the assistance of the Garda Síochána, and it shall be their duty to carry out any directions of the Registrar under this Rule.

18 ..

18. (a) At any time after notice of appeal or notice of application for leave to appeal has been given, an appellant or the Attorney General, or the solicitor or other person representing either of them may obtain from the Registrar copies of any documents or exhibits in his possession under the Act or these Rules for the purposes of such appeal. Such copies shall be supplied by the Registrar at the proper charges applicable thereto and such charges shall be paid by stamps.

(b) Where solicitor and counsel, or counsel only, are assigned to an appellant under these Rules, copies of any documents or exhibits which they or he may request the Registrar to supply shall without charge be supplied unless the Registrar thinks that they are not necessary for the purpose of the appeal.

(c) A transcript of the shorthand notes taken of the proceedings at the trial of an appellant may be supplied free of charge by an order of the Court.

(d) Where an appellant who is not legally represented requires from the Registrar a copy of any document or exhibit in his custody for the purposes of his appeal, he may obtain it free of charge if the Registrar thinks, under all the circumstances, it is desirable or necessary to supply the same to him.

19 Report of Trial Judge

19. (a) The Registrar, whenever in relation to any appeal under the Act the Court directs him so to do, shall request the Judge of the Court of Trial to furnish him with a report in writing, giving his opinion upon the case generally or upon any point arising thereon, and the Judge of the Court of Trial shall furnish the same to the Registrar in accordance with such request.

(b) The report of the Judge shall be made to the Court and except by leave of the Court the Registrar shall not furnish to any person any part thereof.

20 ..

20. When the Registrar shall request the Judge of the Court of Trial to furnish a report under these Rules, he shall send to such Judge of the Court of Trial a copy of the notice of appeal or notice of application for leave to appeal or notice of application for enlargement of time within which such notice shall be given or any other document or information which may be material or which the Court at any time shall direct him to send, or with which such Judge may request to be furnished by the Registrar.

21 Bail

21. (a) An appellant desiring to be admitted to bail pending the determination of his appeal or of any re-trial which may have been directed shall (unless the Court shall dispense therewith) serve upon the Registrar notice in the Form 11, 12 or 14 of his application for such bail; and the Registrar shall forthwith give notice thereof to the Chief State Solicitor, and as soon as a date shall be fixed by the Court for the hearing of such application shall notify the appellant and the Chief State Solicitor thereof.

(b) The Court when admitting an appellant to bail shall specify the amount or amounts in which the appellant and his surety or sureties (if any be required) shall be bound by recognizance.

(c) Unless otherwise ordered by the Court the recognizances of the appellant and his surety or sureties (if any) shall be taken before a Justice of the District Court.

(d) The Registrar shall notify the Governor of the prison within which the appellant is confined of the terms and conditions on which the Court shall admit the appellant to bail.

(e) The Clerk of any District Court area before the Justice of which any such recognizance shall be properly taken as aforesaid shall in the Form 16 forthwith notify the Governor of the said prison of the perfection thereof; and the District Court Clerk in whose custody such recognizance may be shall forthwith send the same when perfected to the Registrar of the Court.

(f) The recognizances provided for in this Rule shall be in the Form 13 or 15. The Clerk of the District Court area in which the recognizance of a surety shall be taken shall give to such surety a certificate in the Form No. 17, which such surety shall sign and retain.

(g) Upon perfection of such recognizances as aforesaid the Governor of the said prison shall release the appellant from custody without further order.

(h) An appellant who has been admitted to bail shall by the order of the Court under which he was so admitted to bail be ordered to be and shall be personally present at each and every hearing of his appeal, and at the final determination thereof, and shall, whenever his case is called on before the Court, surrender himself to such persons as the Court shall from time to time direct, and may be searched by them, and shall be deemed to be in their lawful custody until further released on bail or otherwise dealt with as the Court shall direct. The Court may, in the event of such appellant not being present at any hearing of his appeal, if they think right so to do,decline to consider the appeal, and may proceed summarily to dismiss the same and may issue a warrant for the apprehension of the appellant in the Form No. 18. Provided that the Court may consider the appeal in his absence, or make such other order as they think right.

(i) The Court may revoke or vary any bail order or enlarge the recognizance of the appellant or of his sureties or substitute any other surety for a surety previously bound as they think right.

(j) Where the surety or sureties, upon whose recognizances an appellant has been released on bail by the Court, suspects or suspect that the said appellant is about to depart out of the jurisdiction of the Court or in any manner to fail to observe the conditions of his recognizances on which he was so released, such surety or sureties may lay an information before one of the Justices of the District Court acting in and for the District in which the said appellant is, or is by such surety or sureties believed to be, or in which such surety or sureties may then be, in the Form No. 19 and such Justice shall thereupon issue a warrant in the Form No. 20 for the apprehension of the said appellant.

(k) The said appellant shall, on being apprehended under the said warrant, be brought before the District Court in and for which the said Justice acts before whom the said information was laid, or some other District Court specified in the said warrant. The said District Court shall on verification of the said information by oath of the informant, by warrant of commitment in the Form No. 21 commit him to the prison to which persons charged with indictable offences before such District Court are ordinarily committed. The Governor of such prison shall, unless such prison was the prison from which the appellant was released on bail, notify the Department of Justice, Prisons Section, of such commitment as in this Rule mentioned.

Where the appellant is by such District Court committed to a prison which was not the prison from which he was released on bail after his conviction, the said Department subject to any order of the Court may transfer him to the prison from which he was so released.

(l) The Clerk of the said District Court, on the commitment of any such appellant, shall forthwith notify the Registrar to that effect, and forward to him the said information and the deposition in verification thereof taken before such District Court together with a copy of the said warrant of commitment.

(m) At any time after an appellant has been released on bail the Court may, if satisfied that it is in the interest of justice so to do, revoke the order admitting him to bail, and issue a warrant in the Form 18 for his apprehension and order him to be committed to prison.

(n) When an appellant has been released on bail and has, under a warrant under these Rules or by his surety or sureties, been apprehended and is in prison, the Governor thereof shall forthwith notify the Registrar who shall take steps to inform the Court thereof and the Court may give to the Registrar such directions as to the appeal or otherwise as they shall think right.

(o) Nothing in these Rules shall affect the right of a surety to apprehend and surrender into custody the person for whose appearance he has become bound, and thereby to discharge himself of his suretyship.

(p) On breach of the recognizances of an appellant, the Court if they think right to do so may order his own recognizance to be estreated and may also, on notice to his surety or sureties, order the recognizances of such surety or sureties to be estreated. The warrant for such estreat shall be in the Form 22 with such modifications as may be necessary.

22 Cause Lists

22. (a) The Registrar shall keep a register, in such form as he thinks right, of all cases in which he shall receive a notice of appeal, or notice of application for leave to appeal under the Act, which register shall be open for public inspection.

(b) The Registrar shall also take the necessary steps for preparing from time to time a general list of cases to be dealt with by the Court and shall cause such list to be published at such times and in such a manner as shall be convenient for giving due notice to any parties interested of the hearing of such cases by the Court.

23 ..

23. The Registrar shall take all necessary steps for obtaining a hearing under the Act of any applications, notice of which is given him, and shall, subject to Rule 28, obtain and lay before the Court in proper form all documents, exhibits and other things relating to the proceedings in the Court before which the applicant was tried which appear necessary for the proper determination of the application.

24 ..

24. (a) Where an appellant is in custody, the Registrar shall notify the appellant, the Governor of the prison in which the appellant then is, and the Department of Justice, Prisons Section, of the probable day on which his appeal or application will be heard. The said Department shall (where necessary) take steps to transfer the appellant to a prison convenient for his appearance before the Court at such a reasonable time before the hearing as shall enable him to consult his legal adviser, if any.

(b) When the date for the hearing of an appeal or application shall be fixed, the Registrar shall give notice thereof to the appellant or applicant (as the case may be) and the Chief State Solicitor.

25 Abandonment of Appeals

25. (a) An appellant at any time after he has duly served notice of appeal or of application for leave, to appeal or of application for enlargement of time within which such notices shall be given, may abandon his appeal by giving notice of abandonment thereof in the Form No. 23 to the Registrar.

(b) When the Registrar receives a notice of abandonment of any appeal or application for leave, to appeal he shall give notice thereof to all persons to whom he shall have given notice of the receipt by him of notice of such appeal or application for leave to appeal.

26 Examination of Witnesses

26. (a) An application for the attendance and examination before the Court of any witness pursuant to section 33 of the Act shall be in the Form No. 24. There shall be annexed to such form a statement signed by the witness of the evidence which he proposes to give and of the reason why he did not give such evidence at the trial, unless the Court shall dispense with such statement.

(b) Where an order is made for the attendance and examination of a witness, an order in the Form No. 25 shall be served upon him specifying the time and place at which he is to attend.

(c) Where the Court order the examination of any witness to be conducted otherwise than before the Court, such order shall specify the person appointed as examiner to take and the place of taking such examination and the witness or witnesses to be examined thereat.

(d) The Registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal as and when requested so to do. Such documents and exhibits and other material shall after the examination has been concluded be returned by the examiner together with any depositions taken by him under this Rule to the Registrar.

(e) When the examiner has appointed the day and time for the examination, he shall request the Registrar to notify the appellant and Attorney General and their legal representatives, if any, and when the appellant is in prison, the Governor of that prison, thereof. The Registrar shall cause to be served on every witness to be so examined notice in the Form No. 26.

(f) Every witness examined before an examiner under this Rule shall give his evidence upon oath to be administered by such examiner except where any such witness if giving evidence as a witness on a trial on indictment need not be sworn.

(g) The examination of every such witness shall be taken in the form of a deposition in the same manner as is prescribed by section 14 of the Petty Sessions (Ireland) Act, 1851, and unless otherwise ordered shall be taken in private. The caption in the Form No. 27 shall be attached to any such deposition.

(h) The expenses of any witnesses attending on the order of the Court or examined in any proceedings incidental to the appeal and all expenses of and incidental to any examination of witnesses conducted by any person appointed by the Court for the purpose shall, if and so far as ordered by the Court, be defrayed up to an amount allowed by the Court as part of the costs of the State in or relating to the appeal.

(i) Any order or notice required by this Rule to be given to any witness may be served as an order may be served under Rule 17(c) hereof, and any such notice shall be deemed to be an order of the Court on such witness to attend at the time and place specified therein.

(j) The appellant and Attorney General or counsel or solicitor on their behalf, shall be entitled to be present at and take part in any examination of any witness to which this Rule relates.

27 Hearing of Appeals and Other Applications

27. (a) An appellant who is in custody shall be entitled, if he so desires, to be present in person at the hearing of his appeal or application for leave to appeal and of all interlocutory applications in relation thereto.

(b) The provisions of the foregoing paragraph shall apply mutatis mutandis to the right of an applicant for enlargement of time within which to give notice of appeal or notice of application for leave to appeal to be present at the hearing of his application for such enlargement of time.

28 ..

28. If it appears to the Registrar that any notice of application for leave to appeal does not show any substantial ground of appeal the Registrar may list the case for hearing without obtaining for the use of the Court a transcript of the shorthand note taken by the official stenographer at the trial.

29 ..

29. (a) Where upon the trial of a person entitled to appeal under the Act an order of restitution of any property to any person has been made by the Judge of the Court of Trial, the person in whose favour or against whom the order of restitution has been made, any person in whose favour or against whom an order to which Rule 10 relates has been made, and, with the leave of the Court, any other person shall, on the final hearing by the Court of an appeal against the conviction on which such order of restitution was made, be entitled to be heard by the Court before any order under the provisions of section 34 of the Act annulling or varying such order of restitution is made.

(b) Any person affected by any order of the Trial Judge which has been suspended under Rule 11 hereof may, by leave of the Court, be heard on the final determination of the appeal before such order is varied or annulled by the Court.

30 ..

30. (a) When the Court makes an order refusing an application for leave to appeal, or finally determining an appeal, the Registrar shall give notice thereof in the Form No. 28 to the following persons :

(i) the appellant,

(ii) the proper officer of the Court of Trial, and

(iii) the Commissioner of the Garda Síochána ;

and also, if the appellant is in prison, or has been released on bail from prison, to

(iv) the Governor of such prison, and

(v) the Secretary of the Department of Justice ;

provided that the Registrar shall not be required to give such notice to the appellant if he shall have been present or shall have been legally represented at the hearing.

(b) When the Court makes an order refusing an application for leave to appeal, or finally determining an appeal, from a conviction of murder,manslaughter or infanticide, the Registrar shall give notice of such order in the Form No. 28 to the Coroner responsible for holding an inquest upon the body of the person whose death is the subject of the charge.

(c) When the Court makes an order which falls within the provisions of section 36 of the Road Traffic Act, 1933 , the Registrar shall give notice of such order in the Form No. 28 to the Minister for Local Government.

(d) The proper officer of the Court of Trial, on receiving a notice pursuant to paragraph (a) hereof, shall enter the particulars contained therein on the records of the Court of Trial.

31 Miscellaneous Provisions

31. Except where otherwise provided by these Rules, notice of every application to the Court shall be in accordance with Form No. 29 which shall be served on the Registrar and the Chief State Solicitor or appellant (as the case may be) and such other persons, if any, as the Court may direct.

32 ..

32. In all preliminary and interlocutory proceedings and applications the parties thereto may be represented and appear by a solicitor alone.

33 ..

33. (a) Every notice of appeal or notice of application for leave to appeal shall be signed by the appellant himself except in the cases mentioned in paragraphs (b), (c) and (d) hereof. Any other notice required or authorised to be given by or under the Act or these Rules shall be in writing and signed by the person giving the same or his solicitor.

(b) When an appellant or any other person authorised or required to give or send any notice under the Act or these Rules is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by him.

(c) Where it is alleged that an appellant is insane at the time when any notice is required or authorised to be given by him under these Rules, such notice may be given and signed by a solicitor or other person on his behalf.

(d) In the case of a body corporate, where by the Act or these Rules any notice or other document is required to be signed by the appellant himself, it shall be sufficient compliance therewith if such notice or other document is signed by the secretary, clerk, manager, or solicitor of such body corporate.

(e) Any notice required or authorised to be given to the Court shall be addressed to and served upon the Registrar, The Court of Criminal Appeal, Four Courts, Dublin.

(f) In every case in which an appellant is not in prison or is represented by a solicitor, his notice of appeal or notice of application for leave to appeal shall be served on the Registrar personally or by delivering the same to the proper officer at the office of the Court at the Four Courts, Dublin. In all other cases not specifically providedfor, service of any notice or other document under the Act or these Rules may be effected personally or by sending the same by pre-paid post addressed to the person on whom it is to be served.

34 ..

34. The Registrar shall furnish the necessary forms and instructions in relation to notices of appeal or notices of application under the Act to any person who demands the same and to officers of Courts, Governors of prisons, and such other officers or persons as he thinks fit, and the Governor of a prison shall cause those forms and instructions to be placed at the disposal of prisoners desiring to make any application under the Act, and shall cause any such notice given by a prisoner in his custody to be forwarded on behalf of the prisoner to the Registrar.

35 ..

35. It shall be the duty of the Garda Síochána of the district in which the appellant shall have resided before his conviction, or of the district from which he was committed, to enquire as to and to report to the Registrar, when applied to by him, upon the means and circumstances of any appellant where a question as to his means and circumstances arises under these Rules.

36 ..

36. The Department of Justice, Prisons Section, shall on notice from the Registrar cause from time to time such sufficient number of male and female officers to attend the sittings of the Court, as, having regard to the list of appeals thereat, the Department shall consider necessary.

37 ..

37. The performance of any duty imposed upon any person under the Act or these Rules may be enforced by order of the Court.

38 ..

38. Any warrant for the apprehension of an appellant issued by the Court shall be deemed to be, for all purposes, a warrant issued by a Justice of the District Court for the apprehension of a person charged with any indictable offence under the provisions of the Petty Sessions (Ireland) Act, 1851, or any Act amending the same.

39 ..

39. In any case where an appeal is taken under the Act by a person who has been sentenced to death by the Judge of the Court of Trial, it shall be lawful for the Court to assign to the appellant such legal aid as may appear to be reasonably required, and the costs and expenses of any legal aid so assigned up to an amount allowed by the Court shall be paid as part of the costs of the State in or relating to the appeal.

40 ..

40. Non-compliance on the part of an appellant with these Rules, or with any rule of practice for the time being in force, shall not prevent the further prosecution of his appeal or application unless the Court shall so direct, but such appeal or application may be dealt with in such manner and upon such terms as the Court shall think fit.

41 ..

41. (a) These Rules may be cited as the Criminal Appeal Rules, 1956 and shall come into operation on the 1st day of October, 1956.

(b) The Criminal Appeal Rules, 1924, shall cease to have effect as from the date when these Rules come into operation.

APPENDIX

Form 1.

Judge's Certificate

(a)             Court

The People at the suit of the Attorney General

v.

Whereas the said       was tried and convicted before me, the undersigned, in the said Court on the     day of    , at    on an indictment charging him with  (b)   and was thereupon sentenced by me to 

I do hereby certify that the case is a fit case for an appeal by the said     to the Court of Criminal Appeal under section 31 of the Courts of Justice Act, 1924 , upon the following grounds :—

(Signed),

Judge or Circuit Judge of

Dated this   day of   19  .

(a) State name of Court of Trail

(b) State shortly the offence.

Form 2.

NOTICE OF APPEAL UPON CERTIFICATE OF THE JUDGE OF THE COURT OF TRIAL.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the Registrar of the Court of Criminal Appeal.

I,      having been convicted of the offence of (a)     and being now a prisoner in  

(or, now living at                     )

and having duly obtained a certificate which is hereto annexed from the Judge before whom I was tried for the said offence, that it is afit case for appeal, do hereby give you notice of appeal against my said conviction and sentence (particulars of which hereinafter appear) to the Court of Criminal Appeal on the grounds hereinafter set forth :

(Signed),

(or mark)

Appellant.

Signature and address of blank;

Witness attesting mark.

Dated this day of 19  .

Particulars of Trial and Conviction.

1. Date of trial

2. In what Court tried

3. Sentence

Grounds of Appeal.

Note :

1. The certificate of the Trial Judge should be sent with this notice to the Registrar.

2. The Appellant should answer the following questions :

(a) Does the appellant desire to be present at the hearing of his appeal ?

(b) Does the Appellant desire to be present at the hearing of interlocutory applications in relation to his appeal ?

(a) State shortly the offence.

Form 3.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 31 OF THE ACT.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the Registrar of the Court of Criminal Appeal.

I, 

having been convicted of the offence of(a) 

and thereupon sentenced to 

and having applied to the Judge who tried me for a certificate that my case was a fit case for appeal, and having been refused such certificate and being now a prisoner in      (or, now living at      ) and being desirous of appealing against my said conviction and/orsentence, do hereby give you notice that I will apply to the Court of Criminal Appeal for leave to appeal on the grounds hereinafter set forth.

(Signed),

(or Mark)

Applicant.

Signature and address of 

Witness attesting mark, 

Dated this day of 19 .

Particulars of Trial and Conviction.

1. Date of Trial

2. In what Court tried

3. Sentence

Grounds for Application.

Note :

The Applicant should answer the following questions :—

(a) Does the Applicant desire to be present at the hearing of his application for leave to appeal ?

(b) Does the Applicant desire to be present at the hearing of interlocutory applications in relation to his application for leave to appeal ?

(a) State shortly the offence.

Form 4.

NOTICE OF APPEAL UPON CERTIFICATE OF THE JUDGE OF THE COURT OF TRIAL.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

This is to give you notice that the above-named Applicant who was convicted at the Court on the    day of    , 195  , has lodged a notice of appeal/notice of application for leave to appeal against his (a) 

Registrar of the Court of Criminal Appeal.

(a)Here state whether against conviction or sentence or both.

Form 5.

NOTICE OF APPLICATION FOR ENLARGEMENT OF TIME WITHIN WHICH TO APPEAL, OR APPLY FOR LEAVE TO APPEAL.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the Registrar of the Court of Criminal Appeal.

I, having been convicted of the offence of (a)      and thereupon sentenced to   on the     day of 19 , and having applied to the Judge who tried me for a certificate that my case was a fit case for appeal and such certificate having been granted/refused, and being now a prisoner in     (or, now living at   ) give you notice that I will apply to the Court of Criminal Appeal for an enlargement of the time within which I may give notice of appeal or notice of application for leave to appeal. The grounds on which I apply for such enlargement are as follows:

The grounds on which I propose to base my appeal/application for leave to appeal are as follows :

(Signed)

(or mark),

Applicant.

Signature and address of 

Witness attesting mark 

Dated this day of 19 .

Note :

The Applicant should answer the following question :

Does the Applicant desire to be present at the hearing of his application for an enlargement of the time within which to give such notice as aforesaid ?

(a) State shortly the offence.

Form 6.

RECOGNIZANCE OF APPELLANT SENTENCED TO PAYMENT OF A FINE.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

Be it remembered that whereas    of      (occupation) was on the day of    19    , convicted of      and was thereupon sentenced to pay the sum of £     as a fine for his said offence by the (a)   and has intimated to the said Court that he desires to appeal against his said conviction and sentence upon a certificate of the Judge of the said Court that his is a fit case for appeal. And whereas the said Court considers that the said Appellant may, in lieu of payment at and upon his said conviction of the said sum, be ordered to enter into recognizance of bail, himself in the sum of £       and with     sureties, each in the sum of £    , to prosecute his said appeal before the Court of Criminal Appeal.

The said      doth hereby acknowledge himself to owe to the State the said sum of £    of good and lawful money, to be made and levied off his goods and chattels, lands and tenements, to the use of the Minister for Finance if he the said       fail in the condition endorsed.

Taken and acknowledged this    day of   19 , at the said Court, at and before the Judge of the said Court.

(Signed),

Clerk of the said Court.

Condition.

The Condition of the within written recognizance is such that if the said    of shall duly prosecute his appeal and shall personally appear and be present at and before the Court of Criminal Appeal at each and every hearing of his appeal to such Court, and at the final determination thereof, and then and there prosecute his said appeal and abide by the Judgment of the said Court, and not depart or be absent from such Court at any such hearing without leave of the said Court, and pay the said sum of £      , or such sum as the said Court may order to the Registrar thereof, then this recognizance shall be void, otherwise of full force and effect.

(a) State name of Court of Trial.

Form 7.

RECOGNIZANCE OF SURETIES FOR APPELLANT SENTENCED TO A FINE.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

Be it remembered that on the     day of     19 ,    of (occupation) and      of  (occupation) personally came before the (a) Court and severally acknowledged themselves to owe to the State the several sums following, that is to say, the said     the sum of £   and the said    the sum of £    of good and lawful money to be made and levied off their goods and chattels, lands and tenements respectively, to the use of the Minister for Finance if      now before the said Court fail in the condition hereon endorsed.

Taken and acknowledged before the said Court on the day and year first above mentioned.

(Signed),

Clerk of the said Court.

Condition.

The condition of the within written recognizance is such that whereas the said    having been convicted of     and having been sentenced to pay a fine of £   for his said offence, and having now intimated his desire to appeal with the certificate of the Judge of this Court to the Court of Criminal Appeal against the said conviction and sentence, and having, in lieu of payment at and upon his said conviction of the said sum of £     , been ordered to enter into recognizance of bail, himself in the sum of    and with sureties in the sum of £    if the said        shall duly prosecute his appeal and personally appear and be present at and before the Court of Criminal Appeal at each and every hearing of his appeal to such Court and at the final determination thereof, and then and there prosecute his said appeal and abide by the Judgment of the said Court, and not depart or be absent from such Court at any such hearing without the leave of the said Court, then this recognizance to be void, or else to stand in full force and effect.

(a) State name of Court of Trial.

Form 8.

NOTICE TO APPELLANT SENTENCED TO FINE, ON BREACH OF HIS RECOGNIZANCE.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the above named              Appellant.

Whereas you were convicted on the    day of    19  , of the offence of and were sentenced to the payment of £    , and in default of such payment to imprisonment, and whereas you entered into a recognizance in the sum of £  , with sureties in the sum of £     each, to prosecute your Appeal, and whereas ten clear days have elapsed since your said conviction and no Notice of Appeal has been served by you. Now I hereby give you notice that unless you attend at the sitting of the Court of Criminal Appeal to be held on    day, the     day of    19  , and then show good cause to the contrary, the Court may order an estreat of your recognizance and those of  , your sureties, or may otherwise deal with you according to law.

(Signed),

Registrar of the Court of Criminal Appeal.

Form 9.

NOTICE TO SURETY FOR APPELLANT OF ESTREAT OF RECOGNIZANCE.

The People at the suit of the Attorney General

v.

To 

of 

WHEREAS you the above named became duly bound in a recognizance as surety for that the said       having been convicted of     and for his said offence fined the sum of £    should duly prosecute an appeal in relation to his said conviction before the Court of Criminal Appeal, and whereas the said     has not so prosecuted his appeal, now I hereby give You notice that at the sitting of the Court of Criminal Appeal on      next your recognizance may be ordered to be estreated, unless you then show good cause to the contrary.

(Signed),

Registrar of the Court of Criminal Appeal.

Form 10.

CERTIFICATE THAT NO APPEAL IS PENDING.

I certify that there is not pending in the Court of Criminal Appeal any appeal or application for leave by or on behalf of     against any conviction or sentence by the   Court.

Dated this     day of     19  .

Registrar.

Form 11.

NOTICE OF APPLICATION BY APPELLANT FOR BAIL PENDING APPEAL.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the Registrar of the Court of Criminal Appeal.

I, the above-named Appellant, having been convicted of the offence of       and being now a prisoner in      Prison and having given notice of Appeal to the Court of Criminal Appeal, do hereby give you Notice that I will apply to the Court of Criminal Appeal for bail with sureties on the following grounds :—

The undermentioned persons are willing to become sureties for my presence at the hearing and determination of the Appeal in the sum of £     each.

Name of surety

Occupation

Address

Name of surety

Occupation

Address

(Signed),

(Appellant).

Dated this     day of     19  .

Form 12.

NOTICE OF APPLICATION FOR BAIL PENDING APPEAL.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the Registrar of the Court of Criminal Appeal.

I, the above-named Appellant, having been convicted of the offence of       and being now a prisoner in        Prison and having given notice of application for leave to appeal to the Court of Criminal Appeal, do hereby give you notice that I desire to apply to the Court of Criminal Appeal, in case such leave be granted, for bail with sureties on the following grounds :—

The undermentioned persons are willing to become sureties for my presence at the hearing and determination of the Appeal in the sum of £      each.

Name of surety

Occupation

Address

Name of surety

Occupation

Address

(Signed),

(Appellant).

Dated this    day of     19  .

Form 13.

RECOGNIZANCE OF BAIL PENDING APPEAL TO COURT OF CRIMINAL APPEAL.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

Be it remembered that whereas       was convicted of    on the day of     195  , and was thereupon sentenced to   and now is   in lawful custody and having duly appealed against his conviction and sentence to the Court of Criminal Appeal and having applied to the said Court for bail pending the determination of his appeal and the said Court having granted him bail on entering into his own recognizance in the sum of £       with two sufficient sureties each in the sum of £     the said    of   (occupation) and    of    (occupation) and of   (occupation) personally come before me the undersigned being one of the Justices of the District Court and severally acknowledge themselves to owe to the State the said several stuns of good and lawful money to be made and levied off their several goods and chattels, lands and tenements respectively, to the use of the Minister for Finance if he the said fail in the condition endorsed.

Principal Party

Surety

Surety

Taken and acknowledged this day of 19  , at before me 

Justice of the District Court.

Condition.

The condition of the within written recognizance is such that if he the said     shall personally appear and surrender himself at and before the Court of Criminal Appeal at each and every hearing of his appeal to such Court and at the final determination thereof and shall then and there abide by the Judgment of the said Court and not depart or be absent from such Court at any such hearingwithout the leave of the said Court and in the meantime shall not depart out of the area to which the jurisdiction of the said Court extends then this recognizance to be void or else to stand in full force and effect.

The following to be filled up by the Appellant and signed by him :—

When released on bail my residence to which any Notices, etc., are to be addressed will be as follows :—

(Signed),

Appellant

Form 14.

NOTICE OF APPLICATION BY APPELLANT FOR BAIL PENDING RE-TRIAL.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the Registrar of the Court of Criminal Appeal.

Whereas I, the above named        , having appealed against my conviction of       the said conviction was quashed and a re-trial ordered by the said Court, and whereas I am now a prisoner in       Prison, now I hereby give you notice that I will apply to the Court of Criminal Appeal for bail pending the determination of my re-trial with sureties on the following grounds :—

The undermentioned persons are willing to become sureties for my presence at the re-trial in the sum of £      each.

Name of Surety

Occupation

Address

Name of Surety

Occupation

Address

(Signed),

Appellant.

Dated this     day of    19  .

Form 15.

RECOGNIZANCE OF BAIL PENDING RE-TRIAL.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

Be it remembered that whereas      was convicted of    on the day of     19   , and was thereupon sentenced to    and now is in lawful custody and has duly appealed against his conviction and sentence to the Court of Criminal Appeal and the said Court has quashed his said conviction and sentence and has ordered that he the said      be retried for the same offence as that which was the subject of such conviction and the said     has applied to the said Court for bail pending his re-trial and the said Court has granted him bail on entering into his own recognizance in the sum of £     with     sureties each in the sum of £   the said of     (occupation) and    of  (occupation) and of (occupation) personally come before me the undersigned being one of the Justices of the District Court and severally acknowledge themselves to owe to the State the said several sums of good and lawful money to be made and levied off their several goods and chattels, lands and tenements respectively, to the use of the Minister for Finance if he the said      fail in the condition endorsed.

Principal Party

Surety

Surety

Taken and acknowledged this day of 19  , at before me 

Justice of the District Court.

Condition.

The condition of the within written recognizance is such that if the said      shall personally appear and surrender himself at and before the     sitting of the Court and at any sitting of the said Court or of any other Court to which the trial may be postponed or transferred there and then to take his trial and answer all such matters and things as may be there and then presented against him and shall not depart from the said Court without leave of the said Court and shall attend there in person from day to day during the hearing of his said trial and any adjournment and at the final determination thereof and in the meantime shall not depart out of the area to which the jurisdiction of the Court of Criminal Appeal extends then this recognizance to be void or else to stand in full force and effect.

The following to be filled up by the Appellant and signed by him :

When released on bail my residence to which any Notices, etc., are to be addressed will be as follows :

(Signed),

Appellant.

Form 16.

NOTICE OF PERFECTION OF RECOGNIZANCE.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the Governor of            Prison.

Take notice that (a)  have this day, pursuant to an Order of the Court of Criminal Appeal herein dated the    day of     19  , entered into recognizances (b) the condition of such recognizances being that 

Dated this     day of     19  .

(Signed),

Clerk of the District Court

Form 17.

CERTIFICATE TO SURETY.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

This is to certify that you    of   whose signature is below, have been accepted by the District Court on this   day of 19  , as surety for the above-named in the sum of £    in a recognizance the condition whereof is that 

(Signed),

Clerk of the District Court.

I acknowledge that the above certificate is correct.

(Signed),

Surety.

(a) State names, addresses and occupations of appellant and sureties.

(b) State amount for which each person named was bound.

Form 18.

WARRANT FOR ARREST OF APPELLANT ON BAIL.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the Commissioner, Officers and Men of the Garda Síochána and the Governor of   Prison.

Whereas      an appellant in the Court of Criminal Appeal has been released by the said Court on bail, and it has now been ordered by the said Court that a warrant be issued for the apprehension of the said 

These are therefore to command you the said Commissioner, Officers and Men forthwith to apprehend the said       and to bring him to the Governor of the said Prison, and there deliver him with this warrant into the custody of the said Governor and you the said Governor are hereby required to receive the said      into your custody in the said prison and there safely to keep him until further order of the said Court.

(Signed),

Registrar of the Court of Criminal Appeal.

Dated this     day of    19  .

Form 19.

INFORMATION OF SURETY FOR ARREST OF APPELLANT.

COURT OF CRIMINAL APPEAL.

The people at the suit of the Attorney General

v.

The information of       of      laid before me the undersigned Justice of the District Court acting in and for the District of      upon an application for a warrant for the apprehension of     and the deposition of the said in support thereof on the    day of 19  .

The said                  saith as follows :—

I,        , do say that the above-named      having been granted bail by the Court of Criminal Appeal, himself in the sum of £   and with surety in the sum of £    , was released on such bail on condition that 

And that I became surety for the performance of the said condition by the      said in the sum of £  .

And that I suspect that the said        is about to depart out of the jurisdiction of the Court of Criminal Appeal (or state in what manner the appellant is believed to be about to fail in the observance of his recognizances) and I therefore desire to surrender the said   into custody and thereby discharge myself from my said recognizances. I verily believe that the said       is now in the District of 

(Signed),

Surety.

Laid before me the day and year first above written.

(Signed),

Justice of the District Court.

Form 20.

WARRANT ON INFORMATION OF SURETY.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To The Commissioner, Officers and Men of the Garda Síochána

Whereas Information hath been duly laid before me the undersigned by    of that(a)     having been released on bail by the Court of Criminal Appeal on recognizances the condition whereof was that 

And that the said(b)     doth suspect that the said     is about to depart out of the jurisdiction of the Court of Criminal Appeal (or as the case may be). And that the said       is believed to be within the District of       This is therefore to authorise you the said       Commissioner, Officers and Men forthwith to apprehend the said       and to bring him before the District Court sitting at      to the intent that he may be committed to      and there to be detained according to law.

Given under my hand this day of 19  .

(Signed),

Justice of the District Court.

Acting in and for the District of 

(a) State Appellant's name.

(b) State Surety's name.

Form 21.

COMMITMENT OF APPELLANT ON SURETY'S INFORMATION.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the Superintendent of the Garda Síochána at      and to the Governor of 

Whereas on the      day of    19 information was laid before the Justice of the District Court acting in and for      upon an application for a warrant for the apprehension of      that he being a prisoner released on bail by the Court of Criminal Appeal was believed and suspected of being about to fail to observe the conditions of his recognizance by the said       his surety. And that the said was then desirous of surrendering the said 

And whereas the said      being now before the District Court sitting at  and surrendered by the said      in discharge of his recognizance you are therefore hereby commanded forthwith to deliver the said      to the Governor of together with this warrant of Commitment and you the said Governor are required to receive the said      into your custody in the said prison and there safely to keep him according to law.

Given under my hand this     day of    19  .

(Signed),

Justice of the District Court.

Form 22.

WARRANT FOR ESTREAT OF RECOGNIZANCES.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

Whereas on the     day of 19  ,    (a) entered into recognizances(b)     the condition of such recognizances being that 

And whereas the said      failed to perform the said condition 

(a) State names addresses and occupations of Appellant and Sureties.

(b) State amount for which each person named was bound.

And whereas on the day     of     19  , the Court of Criminal Appeal Ordered that the said recognizances should be estreated.

This is therefore to command you to whom this Warrant is addressed to execute the said Order against the said       as follows :

To levy (c)     by distress and sale of the goods and chattels of the said respectively.

And for this the present Warrant shall be sufficient authority to all whom it may concern.

The sum levied to be paid to the Registrar of the Court of Criminal Appeal.

This Warrant to be returned in           weeks if not executed.

(Signed),

Registrar of the Court of Criminal Appeal.

To the Superintendent of the Garda Síochána at 

(c) State amount to be levied against each person named.

Form 23.

NOTICE OF ABANDONMENT.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

I,     having been convicted of     at    and having been desirous of appealing and having duly sent notice to that effect to the Court of Criminal Appeal against my said conviction (or the sentence of       passed upon me on my said conviction) do hereby give you notice that I do not intend further to prosecute my appeal, and that I hereby abandon all further proceedings in regard thereto as from the date hereof.

(Signed),

(Witness),

Dated this     day of     19  .

To the Registrar of the Court of Criminal Appeal,

Form 24.

APPLICATION FOR ORDER FOR ATTENDANCE OF WITNESS.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

Take Notice that the above named       will apply to the Court of Criminal Appeal for an Order for the attendance and examination before the said Court of the witness hereinafter specified viz. :

1. Name and address of witness :

2. Whether such witness has been examined at the trial :

3. If not, the reason why he was not so examined :

4. On what matters it is proposed to examine him :

There is annexed hereto a statement signed by the said Witness of the evidence which he proposes to give, and the reason why he did not give evidence at the trial.

Dated this      day of      19  .

(Signed),

To the Registrar of the Court of Criminal Appeal and (a)

(a) Add Chief State Solicitor or Appellant (as case may be).

Form 25.

ORDER TO WITNESS TO ATTEND BEFORE THE COURT FOR EXAMINATION.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To 

of 

You are ordered by the Court of Criminal Appeal to attend before the said Court on the day of     19    , at the Courts of Justice, Four Courts, Dublin at    o'clock in the     noon to give evidence on behalf of          (add if required : and also to bring with you and produce at the time and place aforesaid (a) ).

Dated this     day of    19 .

Registrar.

(a) Specify documents to be produced.

Form 26.

NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER FOR EXAMINATION.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To 

of 

Take Notice that you are ordered by the Court of Criminal Appeal to attend before    , the Examiner appointed by the Court, on the     day of    , 19  , at   at     o'clock in the    noon to give evidence on behalf of      (add if required : and also to bring with you and produce at the time and place aforesaid (a)  ).

Dated this    day of   19 .

Registrar.

(a) Specify documents to be produced.

Form 27.

CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE EXAMINER.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

The depositions (on oath) taken before me the undersigned, being an Examiner duly appointed by the Court of Criminal Appeal in that behalf, of    of         and      of     witnesses, examined before me under an order of the said Court dated the    day of     19 , in the presence of the said Appellant (or of his Counsel and Solicitor) and the Respondent (or his Counsel and Solicitor) at on the    day of     19 , which said Appellant and Respondent (personally, or by their Counsel and Solicitors respectively) had full opportunity of asking questions of the said witnesses, to whom the depositions following were read by me before being signed by them the said witnesses respectively.

The depositions of       of who (upon oath duly administered by me) saith as follow :—

(here follows deposition)

(Signed),

Witness.

Taken before me this day of 19 .

Examiner.

Form 28.

NOTICE OF RESULT OF APPEAL.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

The above mentioned Applicant having applied to the Court of Criminal Appeal for 

Now take Notice that the Court of Criminal Appeal has this day finally determined the said Application and has given judgment to the effect following, viz. :—

(Signed),

Registrar of the Court of Criminal Appeal.

Dated this day of 19 .

Form 29.

NOTICE OF APPLICATION.

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

Take Notice that I the above-named       will apply to the Court of Criminal Appeal for(a)    on the grounds hereinafter set forth.

(Signed),

Grounds for Application.

(a) State nature of application.

EXPLANATORY NOTE.

This Instrument provides new Rules of Court for the Court of Criminal Appeal to replace, as from the 1st October, 1956, the Criminal Appeal Rules, 1924.