“Interpretation.

4.—(1) In this Act ‘the prosecutor’ means, in relation to an offence—

(a) in Part IA and section 13, the Director of Public Prosecutions, and

(b) in Parts II and III, other than section 13—

(i) the Director of Public Prosecutions,

(ii) a person prosecuting the offence at the suit of the Director of Public Prosecutions, or

(iii) a person authorised by law to prosecute the offence.

(2) Notwithstanding subsection (1), references to the prosecutor in Parts IA, II and III shall be construed, in relation to offences for which proceedings may not be instituted or continued except by, or on behalf or with the consent of, the Attorney General, as references to the Attorney General.”.

Accused to be sent forward for trial.

4A.— (1) Where an accused person is before the District Court charged with an indictable offence, the Court shall send the accused forward for trial to the court before which he is to stand trial (the trial court) unless—

(a) the case is being tried summarily,

(b) the case is being dealt with under section 13, or

(c) the accused is unfit to plead.

(2) The accused shall not be sent forward for trial under subsection (1) without the consent of the prosecutor.

(3) Where the prosecutor refuses to give a consent required under subsection (2) in relation to an indictable offence, the District Court shall strike out the proceedings against the accused in relation to that offence.

(4) The striking out of proceedings under subsection (3) shall not prejudice the institution of proceedings against the accused by the prosecutor.

(5) The accused shall not be sent forward for trial under subsection (1) until the documents mentioned in section 4B(1) have been served on the accused.

Service of documents on accused, etc.

4B.—(1) Where the prosecutor consents to the accused being sent forward for trial, the prosecutor shall, within 42 days after the accused first appears in the District Court charged with the indictable offence or within any extension of that period granted under subsection (3), cause the following documents to be served on the accused or his solicitor, if any:

(a) a statement of the charges against the accused;

(b) a copy of any sworn information in writing upon which the proceedings were initiated;

(c) a list of the witnesses the prosecutor proposes to call at the trial;

(d) a statement of the evidence that is expected to be given by each of them;

(e) a copy of any document containing information which it is proposed to give in evidence by virtue of Part II of the Criminal Evidence Act, 1992 ;

(f) where appropriate, a copy of a certificate under section 6(1) of that Act;

(g) a list of the exhibits (if any).

(2) As soon as the documents mentioned in subsection (1) are served, the prosecutor shall furnish copies of them to the District Court.

(3) On application by the prosecutor, the District Court may extend the period within which the documents mentioned in subsection (1) are to be served if it is satisfied that—

(a) there is good reason for doing so, and

(b) it would be in the interests of justice to do so.

(4) An application may be made and an extension may be granted under subsection (3) before or after the expiry of—

(a) the period of 42 days mentioned in subsection (1), or

(b) any extension of that period granted under subsection (3).

(5) Where it refuses to grant an extension, the District Court shall strike out the proceedings against the accused in relation to the offence.

(6) The striking out of proceedings under subsection (5) shall not prejudice the institution of any proceedings against the accused by the prosecutor.

Additional documents.

4C.—(1) At any time after service of the documents mentioned in section 4B(1), the prosecutor shall cause the following documents to be served on the accused or his solicitor, if any:

(a) a list of any further witnesses the prosecutor proposes to call at the trial;

(b) a statement of the evidence that is expected to be given by each witness whose name appears on the list of further witnesses;

(c) a statement of any further evidence that is expected to be given by any witness whose name appears on the list already served under section 4B(1)(c);

(d) any notice of intention to give information contained in a document in evidence under section 7(1)(b) of the Criminal Evidence Act, 1992 , together with a copy of the document;

(e) where appropriate, a copy of a certificate under section 6(1) of the Criminal Evidence Act, 1992 ;

(f) a copy of any deposition taken under section 4F;

(g) a list of any further exhibits.

(2) As soon as any documents are served in accordance with this section, the prosecutor shall furnish copies of them to the trial Court.

Examination of exhibits.

4D.—The accused shall have the right to inspect all exhibits mentioned in the list of exhibits served on the accused or his solicitor under section 4B or 4C.

Application by accused for dismissal of charge.

4E.—(1) At any time after the accused is sent forward for trial, the accused may apply to the trial court to dismiss one or more of the charges against the accused.

(2) Notice of an application under subsection (1) shall be given to the prosecutor not less than 14 days before the date on which the application is due to be heard.

(3) The trial court may, in the interests of justice, determine that less than 14 days notice of an application under subsection (1) may be given to the prosecutor.

(4) If it appears to the trial court that there is not a sufficient case to put the accused on trial for any charge to which the application relates, the court shall dismiss the charge.

(5) (a) Oral evidence may be given on an application under subsection (1) only if it appears to the trial court that such evidence is required in the interests of justice.

(b) In paragraph (a) ‘oral evidence’

includes—

(i)  any evidence given through a live television link pursuant to Part III of the Criminal Evidence Act, 1992 , or section 39 of the Criminal Justice Act, 1999, or

(ii) a videorecording of any evidence given through a live television link pursuant to that Part or section in proceedings under section 4F.

(6) Where the trial court is satisfied that it is in the interests of justice that any document required under this Part to be served on the accused or his solicitor be served at the hearing of an application under this section—

(a) the prosecutor shall serve the document on the accused or his solicitor, if any, at the hearing, and

(b) the court may, if it considers it appropriate to do so, adjourn the hearing for that purpose.

(7) Where a charge is dismissed by the trial court under subsection (4), the prosecutor may, within 21 days after the dismissal date, appeal against the dismissal to the Court of Criminal Appeal.

(8) On an appeal under subsection (7), the Court of Criminal Appeal may—

(a) affirm the decision of the trial court, or

(b) quash the decision of the trial court, in which case the trial of the accused may proceed as if the charge had never been dismissed.

Taking of evidence by District Court.

4F.—(1) At any time after the accused is sent forward for trial, the prosecutor or the accused may apply to the trial court for an order requiring a person to appear before a judge of the District Court so that the person's evidence may be taken either—

(a) by way of sworn deposition, or

(b) in case the person's evidence is to be given through a live television link pursuant to Part III of the Criminal Evidence Act, 1992 , or section 39 of the Criminal Justice Act, 1999, through such a link.

whether or not the person's name appears in the list of witnesses served on the accused under section 4B or 4C.

(2) If satisfied that it would be in the interests of justice to do so, the trial court may order a person who is the subject of an application under subsection (1) to attend before a judge of the District Court in the district court district—

(a) in which the offence was committed, or

(b) in which the accused was arrested or resides,

so that the judge may take the person's evidence accordingly.

(3) The following rules shall apply to the taking of evidence under this section—

(a) when the evidence is being taken, both the accused and a judge of the District Court shall be present;

(b) before it is taken, the judge shall inform the accused of the circumstances in which it may be admitted in evidence at the accused's trial;

(c) the witness may be cross-examined and re-examined;

(d) where the evidence is taken by way of sworn deposition, the deposition and any cross-examination and re-examination of the deponent shall be recorded, read to the deponent and signed by the deponent and the judge.

(4) A judge of the District Court shall have the same powers for—

(a) enforcing compliance by a prospective witness with this section or with an order under this section, and

(b) securing the attendance of the accused,

as the District Court has in relation to witnesses in criminal proceedings.

Admissibility of deposition or videorecording.

4G.—(1) A deposition taken under section 4F may be considered by the trial court on an application under section 4E(1).

(2) Such a deposition may be admitted in evidence at the trial of the accused if it is proved that—

(a) the witness—

(i)  is dead,

(ii)  is unable to attend to give evidence at the trial,

(iii) is prevented from so attending, or

(iv) does not give evidence at the trial through fear or intimidation,

(b) the accused was present at the taking of the evidence, and

(c) an opportunity was given to crossexamine and re-examine the witness;

unless the court is of opinion that to do so would not be in the interests of justice.

(3) Subject to section 16 (admissibility at trial of videorecording of evidence given by witness under 17) of the Criminal Evidence Act, 1992 , a videorecording of evidence given through a live television link in proceedings under section 4F shall, if the accused was present at the taking of the evidence and an opportunity was given to cross-examine and re-examine the witness, be admissible at the trial of the offence with which the accused is charged as evidence of any fact stated therein of which direct oral evidence by the witness would be admissible, unless the court is of opinion that in the interests of justice the videorecording ought not to be so admitted.

Legal Aid.

4H.—(1) The provision for legal aid made by section 2 of the Criminal Justice (Legal Aid) Act, 1962 , shall extend to the accused in relation to all proceedings conducted under this Part before the District Court.

(2) The provision for legal aid made by section 3 of the Criminal Justice (Legal Aid) Act, 1962 , shall extend to the accused in relation to all proceedings conducted under this Part before the trial court, the Court of Criminal Appeal or an alternative court referred to in section 4Q.

Power to exclude public.

4I.—(1) Subject to this section and any other enactment, a proceeding under this Part shall be conducted in open court.

(2) Where a court conducting a proceeding under this Part is satisfied, because of the nature or circumstances of the case or otherwise in the interests of justice, that it is desirable to do so, it may exclude from the court during the proceeding—

(a) the public or any portion of the public, or

(b) any particular person or persons,

except bona fide representatives of the Press.

(3) Subsection (2) is without prejudice to the right of a parent, relative or friend of the accused or of an injured party to remain in court in any case to which section 20(4) of the Criminal Justice Act, 1951 , or section 6 of the Criminal Law (Rape) Act, 1981 (as substituted by section 11 of the Criminal Law (Rape) (Amendment) Act, 1990 ) applies.

Proceedings not to be published or broadcast.

4J.—(1) No person shall publish or broadcast or cause to be published or broadcast any information about a proceeding under this Part other than—

(a) a statement of—

(i) the fact that the proceeding has been brought by a named person in relation to a specified charge against a named person, and

(ii) any decision resulting from the proceeding,

and

(b) in the case of an application under section 4E for the dismissal of a charge against the accused, any information that the judge hearing the application permits to be published or broadcast at the request of the accused.

(2) If, on application by the prosecutor, it appears to a judge of the District Court that a person has contravened subsection (1), the judge may certify to that effect to the High Court.

(3) On receiving a certificate under subsection (2), the High Court may—

(a) inquire into the matter to which the certificate relates, and

(b) after hearing any witnesses and after considering any statement that may be offered in defence of the person alleged to have contravened subsection (1), punish, or take steps for the punishment of, that person in the like manner as if he had been guilty of contempt of the Court.

(4) This section shall not affect—

(a) the operation of any other enactment that imposes further restrictions on the extent to which information relating to court proceedings may be published or broadcast, or

(b) any power conferred on a court by such an enactment to make an order authorising the publication or broadcast of such information.

(5) In this section—

‘broadcast’ means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether or not such communications, sounds, signs, visual images or signals are actually received;

‘publish’ means publish to the public or a portion of the public.

Witness order.

4K.—(1) The trial court may, in relation to the trial of the accused, make an order requiring a person whose statement of evidence was served on the accused or whose deposition was taken to—

(a) attend before the trial court and give evidence at the trial of the accused, and

(b) produce to that court any document or thing specified in the order.

(2) A person who without just excuse disobeys a witness order shall be guilty of contempt of the trial court.

(3) If, on application by the prosecutor or the accused, the trial court is satisfied by evidence on oath that any person is unlikely to comply with a witness order, the court—

(a) may bind the person by recognisance to appear at the trial,

(b) if the person refuses to be so bound, may, by warrant, commit him to custody until the trial or until he enters into a recognisance, and

(c) shall have the same powers for enforcing the person's attendance before the trial court for the purposes of this subsection as that court has in relation to witnesses in criminal proceedings.

(4) In this section, ‘witness order’ means an order made under subsection (1).

Witness summons.

4L.—(1) On application by the prosecutor or the accused, a summons may be issued out of the trial court requiring the person to whom the summons is directed to—

(a) attend before the trial court and give evidence at the trial of the accused, and

(b) produce to that court any document or thing specified in the summons,

unless the court is satisfied that the person proposed to be summoned cannot give any material evidence or, as the case may be, produce any document or thing likely to be material evidence.

(2) A person who without just excuse disobeys a witness summons shall be guilty of contempt of the court out of which the summons was issued.

(3) This section is without prejudice to any other powers for enforcing the attendance of witnesses at the trial.

(4) In this section, ‘witness summons’ means a summons issued under subsection (1).

Amendment of charges.

4M.—Where the accused has been sent forward for trial in accordance with this Part, the indictment against the accused may include, either in substitution for or in addition to counts charging the offence for which he has been sent forward, any counts that—

(a) are founded on any of the documents served on the accused under section 4B or 4C, and

(b) may lawfully be joined in the same indictment.

Joinder of unrelated charges.

4N.—Where the accused has been sent forward for trial in accordance with this Part, the indictment against the accused may, with the consent of the accused and notwithstanding any other enactment, include counts that—

(a) charge an offence justiciable within the State, other than the offence for which the accused was sent forward, and

(b) are not founded on the documents served on the accused under section 4B or 4C,

and section 25 (3) of the Courts (Supplemental Provisions) Act, 1961 , shall be construed accordingly.

Correction of defect in charge.

4O.—Where the accused has been sent forward for trial in accordance with this Part, the trial court may correct any defect in a charge against the accused unless it considers that the correction would result in injustice.

Transfer of proceedings from Circuit Court to Central Criminal Court.

4P.—Where, after being sent forward for trial in accordance with this Part to the Circuit Court for an indictable offence (the original offence), the accused is sent forward for trial to the Central Criminal Court for another indictable offence connected with or arising from the circumstances that gave rise to the original offence, the Circuit Court may, unless it considers it would not be in the interests of justice to do so, transfer the trial of the original offence to the Central Criminal Court.

Jurisdiction of Circuit Court to remand accused to alternative circuit and hear applications.

4Q.—(1) Notwithstanding any other enactment, where the accused has been sent forward for trial in accordance with this Part to the Circuit Court, it may remand the accused in custody to appear at a sitting of the Circuit Court (‘alternative court’) in the circuit of the Circuit Court in which is situated the prison or place of detention where the accused is to be held in custody.

(2) If the accused is remanded under this section to a sitting of an alternative court—

(a) the alternative court may, from time to time as occasion requires, further remand the accused, in custody or on bail, to that court or another alternative court,

(b) a reference in section 4B(3) or (5), 4E or 4P to the trial court shall be read as a reference to the alternative court to which the accused is remanded, and

(c) the alternative court shall have the same power to correct any defect in the charge against the accused as the trial court has under section 4O.

(3) An alternative court shall, for the purposes of the trial of the offence, remand the accused to a sitting of the Circuit Court in the circuit of the Circuit Court—

(a) in which the offence was committed, or

(b) in which the accused was arrested or resides.”.

“Correction of defect in charge after accused is sent forward for sentence.

2.—Where under section 13(2) of the Criminal Procedure Act, 1967 , an accused person is sent forward for sentence on any charge with a plea of guilty—

(a) any defect in the charge may be corrected by the court to which the accused has been sent forward, and

(b) the plea of guilty shall be treated as a plea of guilty to the charge so corrected,

unless such correction would, in the opinion of the court, result in injustice.”.

“Restriction of section 4F of Criminal Procedure Act, 1967.

18.—Section 4F of the Criminal Procedure Act, 1967 , shall not entitle a judge of the District Court to require the attendance of a person before that Court for the purpose of taking the person's evidence by way of a sworn deposition if it appears to the judge that—

(a) the person is outside the State, and

(b) it is not reasonably practicable to secure his attendance before the Court.”.

“Proceedings under Part IA of the Criminal Procedure Act, 1967 .

4.—(1) In a proceeding under Part IA of the Criminal Procedure Act, 1967 , relating to—

(a) the dismissal of a charge of a sexual assault offence, or

(b) the taking of a person's evidence by way of deposition in the case of a sexual assault offence.

then, except with leave of the judge conducting the proceeding, evidence shall not be adduced and a question shall not be asked which, if the proceeding were a trial such as is mentioned in section 3(1), could not be adduced or asked without leave in pursuance of that section.

(2) On an application for leave the judge shall—

(a) refuse leave unless he is satisfied that leave in respect of the evidence or question would be likely to be given at such a trial, or

(b) give leave if he is so satisfied.

(3) Section 3(3) shall apply to an application under subsection (2) of this section.”.

“Procedure in relation to certain offences.

15.—(1) Where—

(a) under Part IA of the Criminal Procedure Act, 1967 , the prosecutor consents to the sending forward for trial of an accused person who is charged with an offence to which this Part applies,

(b) the person in respect of whom the offence is alleged to have been committed is under 17 years of age on the date consent is given to the accused being sent forward for trial, and

(c) it is proposed that a videorecording of a statement made by the person referred to in paragraph (b) of this subsection during an interview as mentioned in section 16(1)(b) shall be given in evidence pursuant to that section,

the prosecutor shall, in addition to causing the documents mentioned in section 4B(1) of that Act to be served on the accused—

(i) notify the accused that it is proposed so to give evidence, and

(ii) give the accused an opportunity of seeing the videorecording of the interview.

(2) If the person in respect of whom the offence is alleged to have been committed is available for cross-examination at the hearing of an application under section 4E of the Criminal Procedure Act, 1967 , the judge hearing the application may consider any statement made in relation to that offence by that person on a videorecording mentioned in section 16(1)(b) of this Act.

(3) If the accused consents, an edited version of the videorecording of an interview mentioned in section 16(1)(b), may, with leave of the judge hearing an application referred to in subsection (2) of this section, be shown at the hearing of the application, and, in that event, subsection (2) and section 16(1)(b) shall apply in relation to that version as it applies in relation to the original videorecording.”.