S.I. No. 441/1942 -- Additional Rules of Special Criminal Court Established on The 24Th Day of August, 1939.
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No. 441/1942: ADDITIONAL RULES OF SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 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 1939), 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 sittings, 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, and on the 28th day of November, 1939, the Special Criminal Court made Rules entitled " Additional Rules of Special Criminal Court established on the 24th day of August, 1939 " (Statutory Rules and Orders, No. 346 of 1939), in which the Minister for Justice concurred on the 28th day of November, 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 :— | |||||||||
Dated the 19th day of October, 1942. | |||||||||
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I concur in the making of these Rules. | |||||||||
Dated the 20th day of October, 1942. | |||||||||
GERALD BOLAND, | |||||||||
Minister for Justice. | |||||||||
ADDITIONAL RULES. | |||||||||
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| 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 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. | |||||||||
| 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. | |||||||||
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3.—(1) Where under Section 47 of the Act | |||||||||
(a) the Attorney-General directs that a person intended to be charged with a scheduled offence shall be brought before the Court and there charged with such offence, or | |||||||||
(b) the Attorney-General certifies that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of a person whom it is intended to charge with an offence which is not a scheduled offence and the Attorney-General then directs that such person whom it is intended to charge with such offence shall be brought before the Court and there charged with such offence. | |||||||||
the Court may, instead of the procedure provided by the " Rules of Special Criminal Court established on the 24th day of August, 1939," on information or evidence relating to any such offence being given to or before it, order the issue of a summons (in the Form in the Schedule hereto or in such similar form as the circumstances may require) ordering that such person shall attend before the Court to be charged with and tried for such offence at such time and place as the Court shall direct. | |||||||||
(2) The summons shall be served by a member of An Garda Síochána and shall be served upon the person intended to be charged | |||||||||
(a) by delivering to him a copy of such summons or by leaving such copy for him at his last or more usual place of abode or at his office or place of business with the husband, wife, child, parent, brother, sister, or other relation of such person or with his agent, clerk or servant, not being under the age of sixteen years, and such last mentioned service shall be deemed sufficient except where personal service shall be specially required by the Court ; | |||||||||
(b) where the person to be charged is a body corporate, by leaving a copy of such summons at or sending such copy by post to, the registered office of the body corporate in Éire or any other office or place in Éire at which such body corporate trades or conducts business, or by such other form of substituted service as the Court may direct. | |||||||||
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4. Nothing in these Rules shall be construed to prohibit the Court from ordering the issue of a warrant under Rule 17 of the Rules of Special Criminal Court established on the 24th day of August, 1939, whether or not a summons has already been issued under these Rules. | |||||||||
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5. Where a person is brought before the Court under Section 47 of the Act by summons under these Rules, the Chief State Solicitor shall furnish to such person a summary of the evidence to be given at his trial. | |||||||||
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SCHEDULE. | |||||||||
FORM OF SUMMONS. | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939. | |||||||||
(Title). | |||||||||
To the said (defendant). | |||||||||
WHEREAS it appears to the Court, upon information (evidence), that you are a person intended to be charged with the following offence. | |||||||||
(being a scheduled offence under the Offences Against the State Act, 1939 , and that the Attorney-General has directed that you shall be brought before this Court and charged with such offence) (being an offence which is not a scheduled offence under the Offences Against the State Act, 1939 , but in respect of which offence the Attorney-General has certified that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to your trial on the charge of the said offence and has directed that you shall be brought before this Court and charged with such offence) | |||||||||
you are hereby ordered to appear before this Court at | |||||||||
on the day of | |||||||||
at o'clock a.m. to be charged with and tried (summarily) (on indictment) for the said offence. | |||||||||
By Order of the Court | |||||||||
(Signed) | |||||||||
Registrar, | |||||||||
Special Criminal Court. | |||||||||