Criminal Procedure (Amendment) Act, 1973

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Number 16 of 1973

CRIMINAL PROCEDURE (AMENDMENT) ACT, 1973

ARRANGEMENT OF SECTIONS

Number 16 of 1973

CRIMINAL PROCEDURE (AMENDMENT) ACT, 1973

AN ACT TO AMEND THE CRIMINAL PROCEDURE ACT, 1967 , AND TO PROVIDE FOR THE EXTENSION OF LEGAL AID TO ALL PROCEEDINGS FOR INDICTABLE OFFENCES. [31st July, 1973]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Appeal against sentence.

1.—In the case of a person sent forward by the District Court for sentence under section 13 (2) of the Criminal Procedure Act, 1967 , whether before or after the passing of this Act, an appeal shall lie against the sentence as if he had been sentenced after conviction on indictment.

Amendment of charge where accused charged with indictable offence waives preliminary examination or is sent forward for sentence.

2.—Where—

(a) under section 12 of the Criminal Procedure Act, 1967 , an accused person waives the preliminary examination provided for by Part II of that Act and is sent forward for trial on any charge with a plea of not guilty,

or

(b) under section 13 (2) of that Act, an accused person is sent forward for sentence on any charge with a plea of guilty,

any defect in the charge may be corrected—

(i) in a case to which paragraph (a) applies—in stating the charge in the indictment, and

(ii) in a case to which paragraph (b) applies—by the court to which he has been sent forward, and his plea of guilty shall be treated as a plea of guilty to the charge as so corrected,

provided, in either case, that such correction would not, in the opinion of the court, result in injustice.

Extension of legal aid.

3.—(1) The provision for legal aid made by section 2 of the Criminal Justice (Legal Aid) Act, 1962 , for a person charged before the District Court with an offence shall extend to all proceedings under Part II of the Criminal Procedure Act, 1967 .

(2) The provision for legal aid made by sections 3 and 4 of the Criminal Justice (Legal Aid) Act, 1962 , shall, in relation to a person sent forward for sentence under section 13 (2) of the Criminal Procedure Act, 1967 , extend to the proceedings in the court to which he is sent forward and to any appeal against sentence as if he had been returned for trial and, for this purpose, the proceedings in the said court shall be deemed to be a trial on indictment.

(3) Section 19 (3) of the Criminal Procedure Act, 1967 , is hereby repealed.

Short title.

4.—This Act may be cited as the Criminal Procedure (Amendment) Act, 1973.