Courts and Court Officers Act, 1995

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PART VIII

Circuit Court

Transfer of trials in criminal cases by judges of Circuit Court.

32.—(1) Where a person (in this section referred to as “the accused”) has been sent forward for trial to the Circuit Court, sitting other than within the Dublin Circuit, the judge of the Circuit Court before whom the accused is triable may, on the application of the prosecutor or the accused, if satisfied that it would be manifestly unjust not to do so, transfer the trial to the Circuit Court sitting within the Dublin Circuit and the decision to grant or refuse the application shall be final and unappealable.

(2) Provision may be made by rules of court for the giving of notice of intention to make an application under subsection (1) of this section and of the grounds on which such application will be based.

(3) Where—

(a) two or more accused are sent forward for trial to the Circuit Court sitting other than within the Dublin Circuit and it is proposed to try them together, and

(b) an application by one or more, but not all, of the accused under subsection (1) of this section is granted,

an application, without notice to the accused, by the prosecutor to the judge who granted the application to have the trial of one or more of the remaining accused transferred to the Circuit Court sitting within the Dublin Circuit shall be granted.