Criminal Procedure Act 1967

F10 [ Application by accused for dismissal of charge.

4E

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 F11 [ section 4F, or ]

F12 [ (iii) any other videorecording, or an audiorecording, which may be admitted by the trial court as evidence of any fact stated in it. ]

(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. ]

Annotations:

Amendments:

F10

Inserted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 9, S.I. No. 193 of 2001.

F11

Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 20(a), S.I. No. 390 of 2006.

F12

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 20(b), S.I. No. 390 of 2006.

Editorial Notes:

E4

Provision made for destruction of certain fingerprints, palm prints and photographs where proceedings for certain offences have been instituted and the charge against the person is dismissed under section by Criminal Justice Act 1984 (22/1984), s. 8(2)(a)(ii)(II), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

E5

Provision made for removal of certain DNA profiles from reference index of DNA Database System where proceedings for certain offences have been instituted and the charge against the person is dismissed under section (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 80(1)(a)(ii)(II), S.I. No. 508 of 2015.

E6

Provision made for destruction of intimate samples and non-intimate samples where proceedings for certain offences have been instituted and the charge against the person is dismissed under section (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 76(1)(a)(ii)(II), S.I. No. 508 of 2015.

E7

Power granted to judges hearing an application under section to consider statements made by persons in certain videorecordings if the person is available for cross-examination at the hearing of the application by Criminal Evidence Act 1992 (12/1992), s. 15(2), as substituted (9.08.2013) by Criminal Law (Human Trafficking) (Amendment) Act 2013 (24/2013), s. 4(a)(ii), commenced on enactment.