Criminal Justice Act 2006
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Amendment of Courts (Supplemental Provisions) Act 1961. |
179.— The Courts (Supplemental Provisions) Act 1961 is amended— | |
(a) in section 25(4), by the insertion of “and section 25A of this Act” after “subsection (3) of this section”, and | ||
(b) by the insertion of the following section after section 25: | ||
“Exercise of jurisdiction by Circuit Court judges in indictable offences. | ||
25A.—(1) Where, in respect of an offence committed in the State— | ||
(a) the accused person does not reside in the State, | ||
(b) he or she was not arrested for and charged with the offence in the State, and | ||
(c) either— | ||
(i) the offence was committed in more than one circuit, or | ||
(ii) it is known that it was committed in one of not more than three circuits, but the particular circuit concerned is not known, | ||
then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in each of the circuits concerned and a judge of any of the circuits concerned may deal with the case. | ||
(2) Where the circumstances of an offence committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the circuit in which the offence was committed is not known, then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in the Dublin Circuit. | ||
(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 person for the purposes of arresting him or her for and charging him or her with the offence concerned. | ||
(4) Where a judge of a circuit exercises jurisdiction in relation to an indictable offence by virtue of this section, the judge or any other judge assigned to the circuit shall have jurisdiction in relation to the offence until the conclusion of proceedings in respect of it in the Circuit Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in relation to the offence. | ||
(5) In this section ‘offence’ means an indictable offence as respects which jurisdiction is vested in the Circuit Court by section 25 of this Act.”. |