Criminal Justice Act 2006
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Amendment of Courts of Justice Act 1924. |
178.— The Courts of Justice Act 1924 is amended by the insertion of the following section after section 79: | |
“Exercise of jurisdiction by District Court judges in criminal cases. | ||
79A.—(1) Where, in respect of a crime committed in the State— | ||
(a) the accused does not reside in the State, | ||
(b) he or she was not arrested for and charged with the crime in the State, and | ||
(c) either— | ||
(i) the crime was committed in more than one district court district, or | ||
(ii) it is known that it was committed in one of not more than five district court districts, but the particular district concerned is not known, | ||
then, for the purposes of section 79 of this Act, the crime shall be deemed to have been committed in each of the districts concerned and a judge assigned to any of the districts concerned may deal with the case. | ||
(2) Where the circumstances of a crime committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the district court district in which the crime was committed is not known, then, for the purposes of section 79 of this Act, the crime shall be deemed to have been committed in the Dublin Metropolitan District. | ||
(3) A case does not fall within this section unless it is shown that reasonable efforts have been made to ascertain the whereabouts of the accused for the purposes of arresting him or her for and charging him or her with the crime concerned. | ||
(4) Where a judge for the time being assigned to a district court district exercises jurisdiction in a criminal case by virtue of this section, the judge or any other judge assigned to the district shall have jurisdiction in the case until its conclusion in the District Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in the case. | ||
(5) A judge for the time being assigned to a district court district who exercises jurisdiction in a criminal case by virtue of this section may deal with the case in any court area within his or her district.”. |