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Criminal Procedure (Amendment) Act, 1973

In short

This law amends the Criminal Procedure Act, 1967, primarily to allow appeals against sentences in certain cases and to expand legal aid for indictable offenses.

What it regulates

  • Appeals against sentences for individuals sent forward by the District Court.
  • Correction of defects in charges for indictable offenses.
  • The scope of legal aid provisions.

Who it concerns

  • Persons sent forward by the District Court for sentencing.
  • Accused persons charged with indictable offenses.

Key points

  • An appeal against sentence is now possible for a person sent forward by the District Court for sentence under section 13 (2) of the Criminal Procedure Act, 1967, as if they had been sentenced after conviction on indictment.
  • Defects in a charge can be corrected if the accused waives preliminary examination or is sent forward for sentence, provided it does not result in injustice.
  • Legal aid is extended to all proceedings under Part II of the Criminal Procedure Act, 1967, for persons charged before the District Court with an offense.
  • Legal aid is also extended to proceedings and appeals against sentence for a person sent forward for sentence under section 13 (2) of the Criminal Procedure Act, 1967.
Legal text
Legal text

Criminal Procedure (Amendment) Act, 1973 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1973 Criminal Procedure (Amendment) Act, 1973 Criminal Procedure (Amendment) Act, 1973 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 16 of 1973 CRIMINAL PROCEDURE (AMENDMENT) ACT, 1973 ARRANGEMENT OF SECTIONS Section 1. Appeal against sentence. 2. Amendment of charge where accused charged with indictable offence waives preliminary examination or is sent forward for sentence. 3. Extension of legal aid. 4. Short title. Acts Referred to Criminal Procedure Act, 1967 1967, No. 12 Criminal Justice (Legal Aid) Act, 1962 1962, No. 12 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— (
  1. 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 (
  2. 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— (
  1. i)in a case to which paragraph (
  2. a)applies—in stating the charge in the indictment, and (
  3. ii)in a case to which paragraph (
  4. 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. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.