STATUTORY INSTRUMENTS.

S.I. No. 329 of 1981.

CIRCUIT COURT RULES (NO. 3), 1981. (TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT COURT).

S.I. No. 329 of 1981.

CIRCUIT COURT RULES (NO. 3) 1981. (TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT COURT)

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, make the annexed Rules of Court.

Dated the 30th day of July 1981

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

Dated the 14th day of September 1981.

CIRCUIT COURT RULES (NO. 3), 1981. (TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT COURT).

1. These Rules which may be cited as the Circuit Court Rules (No. 3) 1981 shall come into operation on the 24th day of September 1981.

2. The Order referred to in these Rules shall be added to and construed together with these orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 67

1. An Order made by a Judge of the Circuit Court pursuant to Section 31 of the Courts Act, 1981 transferring the trial of a person charged with an indictable offence to the Circuit Court sitting within the Dublin Circuit shall specify the following:--

(i)   The Sitting of the Circuit Court within the Dublin Circuit to which the case has been transferred;

(ii)   Whether the accused is in custody or on bail;

(iii)  The name and address of the accused's Solicitor, if the accused is represented by a Solicitor.

2. The Order of the Circuit Court transferring the trial shall be in the form set out in the Schedule to this Order.

3. If the Order transferring the trial is made during a Sitting of the Circuit Court within the Dublin Circuit the case shall be transferred to that Sitting subject to Rule 4 of this order.

4. If the Order transferring the trial is made during the last two weeks of a Sitting of the Circuit Court within the Dublin Circuit the trial shall be transferred to the next Sitting of the Circuit Court within the Dublin Circuit.

5. If the Order transferring the trial is made when there is no Sitting of the Circuit Court within the Dublin Circuit the trial shall be transferred to the next Sitting of the Circuit Court within the Dublin Circuit.

6. When an Order of the Circuit Court transferring a trial is made the County Registrar shall forward within 3 days from the date of the making of the said order, the said order and all relevant documents to the County Registrar for the County and City of Dublin.

7. Order 59 Rule 14 shall not apply to this Order.

SCHEDULE

TITLE OF CASE

EXPLANATORY NOTE.

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

These Rules, which are in the form of a new Order (Order 67) to be added to the Circuit Court Rules, 1950, prescribe procedures for the transfer of trials from the Circuit Court sitting other than within the Dublin Circuit to the Circuit Court sitting within the Dublin Circuit, pursuant to Section 31 of the Courts Act, 1981 .