S.I. No. 767/2004 - Rules of the Superior Courts (Order 85), 2004

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3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2004 S.I. No. 767/2004 - Rules of the Superior Courts (Order 85), 2004 S.I. No. 767/2004 - Rules of the Superior Courts (Order 85), 2004 AmendmentsLeasuithe STATUTORY INSTRUMENTS. S.I. No. 767 of 2004 . RULES OF THE SUPERIOR COURTS (ORDER 85), 2004. S.I. No. 767 of 2004 . RULES OF THE SUPERIOR COURTS (ORDER 85) 2004. We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court. Dated this 17th day of November, 2004. John L. Murray Patrick O'Connor Joseph Finnegan Michael Cush Brian McCracken Anthony Hunt Richard Johnson Noel Rubotham William McKechnie Matthew Feely Patrick Groarke I concur in the making of the following Rules of Court. Dated this 3rd day of December, 2004. MICHAEL McDOWELL Minister for Justice, Equality and Law Reform. S.I. No. 767 of 2004 . RULES OF THE SUPERIOR COURTS (ORDER 85) 2004. 1. The Rules of the Superior Courts are hereby amended by: (
4. i)the insertion of the following as Order 85 in substitution for the existing Order 85: “Order 85 Central Criminal Court 1. In this Order: “The proper officer” means (
5. a)the officer for the time being managing the Central Office or (
6. b)the County Registrar of the County, City or other administrative area (other than the County or City of Dublin) in which the Central Criminal Court is, for the time being sitting as and when requested to perform functions of the proper officer under this Order in respect of such sitting by the officer for the time being managing the Central Office; “The Registrar” means (
7. a)the officer or each officer directed, pursuant to subparagraph (1A) of paragraph 6 of the Eight Schedule to the Courts (Supplemental Provisions) Act 1961 as amended, by the officer for the time being managing the Central Office to act as Registrar to the Central Criminal Court as and when so directed, (
8. b)the County Registrar of the County, City or other administrative area (other than the County or City of Dublin) in which the Central Criminal Court is, for the time being, sitting, as and when requested to do so by the officer for the time being managing the Central Office or, where such County Registrar has delegated to a member of staff of the Circuit Court Office in the County concerned the functions performable by him pursuant to such request, that member of staff, as and for as long as such functions are so delegated. 2. The proper officer shall give notice of the date fixed for the trial of an accused person to the Chief Prosecution Solicitor, and to the accused person. If such accused person is represented by a solicitor who has given notice to the proper officer of the fact that he represents the accused person the proper officer shall also give notice of the date of trial to such solicitor. 3. The indictment containing the charges to be preferred against the accused person shall be lodged with the proper officer. 4. The accused person or his solicitor shall be entitled on application to obtain a copy of the indictment from the proper officer free of charge. 5. The proper officer shall on application to him supply free of charge to the accused person or his solicitor copies of the depositions relating to the offences with which he is charged as follows: (
9. a)in case the accused is charged with murder, six copies; (
10. b)in other cases, four copies; (
11. c)where two or more persons, who are represented by the same solicitor, are to be tried together, one additional copy for each accused person beyond the first. 6. The Registrar shall have custody of the original depositions of witnesses examined in the District Court and also of all books, papers and documents and all other property, matters and things put in evidence in the District Court, or during the trial of any person by the Central Criminal Court, or on any application made to the Central Criminal Court in reference to any such trial or intended trial, and shall retain the same until directed by the Central Criminal Court to return the same. 7. The officer for the time being managing the Central Office shall keep a register containing particulars of all cases for trial by the Central Criminal Court. 8. Every order of the Central Criminal Court, when drawn up, shall be dated the day of the week, month and year on which the same was made and unless the Central Criminal Court shall otherwise direct, shall take effect accordingly, and shall be issued by the Registrar and may be taken up from the Registrar or from the Central Office. 9. An attested copy of an order of the Central Criminal Court may be taken up from the Registrar or from the Central Office.” (
12. ii)the insertion of the following as sub rule 5 of rule 3 of Order 116, in substitution for the existing sub rule 5 of that rule: “