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Courts (Supplemental Provisions) Act 1961
Jurisdiction of Circuit Court in indictable offences.
25.—(1) Subject to subsection (2) of this section, the Circuit Court shall have and may exercise every jurisdiction as respects indictable offences for the time being vested in the Central Criminal Court and every person lawfully brought before the Circuit Court in exercise of such jurisdiction may be indicted before and tried and, if convicted, sentenced by the Circuit Court accordingly.
(2) The jurisdiction conferred on the Circuit Court by subsection (1) of this section shall not extend to treason, an offence under section 2 or 3 of the Treason Act, 1939, an offence under section 6, 7 or 8 of the Offences Against the State Act, 1939, murder, attempt to murder, conspiracy to murder, or piracy, including an offence by an accessory before or after the fact.
(3) The jurisdiction vested in the Circuit Court by subsection (1) of this section shall be exercised by the judge of the circuit in which the offence charged has been committed or in which the accused person has been arrested or resides.
(4) In section 6 of the Courts of Justice Act, 1926, as applied by section 48 of this Act, and in subsection (1) of section 14 of the Wireless Telegraphy Act, 1926, the references to section 53 of the Act of 1924 shall be construed as references to subsection (3) of this section F49[and section 25A of this Act].
Annotations
Amendments:
F49
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 179(a), S.I. No. 390 of 2006, art. 3.
Modifications (not altering text):
C24
Application of subs. (1) extended (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 76(2), in operation as per s. 5(2) and S.I. No. 262 of 2010.
76.— ...
(2) Where a person is sent forward for trial on indictment by the Circuit Court for an offence under section 65, 69, 97, 127, 140, 176, 182 or 285A (inserted by section 24 of the Act of 1962) of the Principal Act or section 29 of the Act of 1962 or for any offence against a bye-law described in section 57(4) and apart from this subsection a judge of that court would, as regards the proceedings, not have power to exercise the jurisdiction vested in that court by section 25(1) of the Courts (Supplemental Provisions) Act 1961 then for the purpose of enabling that judge to exercise such jurisdiction the offence may be treated as having been committed in the circuit to which such judge is assigned.
C25
Application of subs. (3) extended by Criminal Procedure Act 1967 (12/1067), s. 4N as inserted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 9, S.I. No. 193 of 2001.
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.]