S.I. No. 489/2012 - Circuit Court Rules (Appeals to Court of Criminal Appeal) 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th December, 2012.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , and section 12 of the Courts of Justice Act 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the annexed Rules of Court:

Dated this 21st day of May 2012.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Tony Hunt

David Dodd

Gerard J. Doherty

Fiona Duffy Coady

Noel Rubotham

Susan Ryan

Patricia Casey

I concur in the making of the above Rules of Court.

Dated this 1st day of December 2012.

Signed: ALAN SHATTER,

MINISTER FOR JUSTICE AND EQUALITY.

S.I. No. 489 of 2012

CIRCUIT COURT RULES (APPEALS TO COURT OF CRIMINAL APPEAL) 2012

1. (1) These Rules, which shall come into operation on the 28th day of December 2012, may be cited as the Circuit Court Rules (Appeals to Court of Criminal Appeal) 2012.

(2) These Rules shall be construed together with the Circuit Court Rules.

(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2012.

2. The Circuit Court Rules are amended by the deletion therefrom of Order 42.

3. Nothing in these Rules shall affect the validity of any step taken or any other thing done in any proceedings on any application for leave to appeal to the Court of Criminal Appeal initiated in the Court before the coming into force of section 31 (b) of the Criminal Procedure Act 2010 , and any such proceedings shall, save where the Court in those proceedings otherwise orders, be continued and completed as if these Rules had not been made.

EXPLANATORY NOTE

(This does not form part of the Instrument and does not purport to be a legal interpretation.)

These Rules delete Order 42 of the Circuit Court Rules removing reference to the time limit for application for a Certificate for leave to appeal in view of the repeal of the requirement for such a Certificate effected by section 31 of the Criminal Procedure Act 2010 .