S.I. No. 346/1939 - Offences Against The State Act, 1939. Additional Rules of Special Criminal Court Established on The 24Th Day of August, 1939.

STATUTORY RULES AND ORDERS. 1939. No. 346.

OFFENCES AGAINST THE STATE ACT, 1939. ADDITIONAL RULES OF SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24th DAY OF AUGUST, 1939.

ADDITIONAL RULES OF SPECIAL CRIMINAL COURT ESTABLISHED BY ORDER OF THE GOVERNMENT MADE ON THE 24th DAY OF AUGUST, 1939.

WHEREAS it is enacted by sub-section (1) of Section 38 of the Offences Against the State Act, 1939 (No. 13 of 1930), that as soon as may be after coming into force of Part V of the said Act, there shall be established for the purposes of that Part of the said Act a Court which shall be styled and known and is in the said Act referred to as a Special Criminal Court:

AND WHEREAS a Special Criminal Court was established on the 24th day of August, 1939:

AND WHEREAS it is enacted by sub-section (1) of Section 41 of the Offences Against the State Act, 1939 , that every Special Criminal Court shall have power in its absolute discretion, to appoint the times and places of its sitting, and shall have control of its own procedure in all respects, and, shall for that purpose make, with the concurrence of the Minister for Justice, rules regulating its practice and procedure and may in particular provide by such rules for the issuing of summonses, the procedure for bringing (in custody or on bail) persons before it for trial, the admission or exclusion of the public to or from its sittings, the enforcing of the attendance of witnesses, and the production of documents:

AND WHEREAS on the 2nd day of October, 1939, the Special Criminal Court made Rules entitled " Rules of Special Criminal Court established on the 24th day of August, 1939 " (Statutory Rules and Orders, No. 266 of 1939, in which the Minister for Justice concurred on the 3rd day of October, 1939:

NOW, THEREFORE, the Special Criminal Court established on the 24th day of August, 1939, in pursuance of the power vested in it hereby makes, with the concurrence of the Minister for Justice, the following additional Rules:—

I concur in the making of these Rules.

Dated the 28th day of November, 1939.

GERALD BOLAND,

Minister for Justice.

ADDITIONAL RULES.

1 Citation

1.—(1) These Rules may be cited as

" Additional Rules of Special Criminal Court established on the 24th day of August, 1939."

(2) The " Rules of the Special Criminal Court," established on the 24th day of August, 1939, and these Rules shall be construed together.

(3) For the purposes of collective citation the expression " Rules of Special Criminal Court established on the 24th day of August, 1939," shall include these Rules.

2 Interpretation

2.—(1) Every word and expression to which a particular meaning is given by or in the Rules of Special Criminal Court established on the 24th day of August, 1939, for the purposes of the said Rules has in these Rules (unless otherwise provided by these Rules) the meaning so given to it.

(2) The Interpretation Act, 1937 , shall apply to the interpretation of these Rules in like manner as it applies to the interpretation of an Act of the Oireachtas.

3 Amendment of paragraph 12 in relation to furnishing depositions

3. Paragraph 12 of the Rules of Special Criminal Court established on the 24th day of August, 1939, is hereby amended by the deletion of subparagraph (c) thereof, and the said paragraph shall be construed and have effect accordingly.

4 Amendment of paragraph 13 in relation to Section 47 of the Act

4. Paragraph 13 of the Rules of Special Criminal Court established on the 24th day of August, 1939, is hereby amended by the deletion of subparagraph (b) thereof, and the said paragraph shall be construed and have effect accordingly.

5 ..

5. The following paragraph shall be inserted in Rules of Special Criminal Court established on the 24th day of August, 1939, after paragraph 13 thereof:—

Summary of Evidence under Section 47 of the Act.

" 13 (a) Where a person is brought before the Court under Section 47 of the Act and there charged with an offence, the Chief State Solicitor shall furnish to such person a list of the charges to be preferred against him together with a summary of the evidence to be given at his trial, and such summary shall not preclude the production of such further evidence as may be adduced by the prosecution at such trial."