Criminal Procedure Act 1967

F4[Accused to be sent forward for trial.

4A

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) F5[…]

(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 F6[in accordance with that section].]

Annotations

Amendments:

F4

Pt. 1A (ss. 4A-4Q) inserted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 9, S.I. No. 193 of 2001.

F5

Repealed by Criminal Law (Insanity) Act 2006 (11/2006), s. 25 and sch. 2 item 10, as substituted (8.02.2011) by Criminal Law (Insanity) Act 2010 (40/2010), s. 9, S.I. No. 50 of 2011.

F6

Substituted (28.02.2022) by Criminal Procedure Act 2021 (7/2021), s. 13, S.I. No. 79 of 2022.

Modifications (not altering text):

C6

Application of section extended, applied with modifications (1.06.2006) by Criminal Law (Insanity) Act 2006 (11/2006), s. 4(4)(c), (e), S.I. No. 273 of 2006.

Fitness to be tried.

4.— ...

(4) ...

(c) If the determination under paragraph (b) is that the accused person is fit to be tried, the provisions of the Criminal Procedure Act 1967, shall apply as if an order returning the person for trial had been made by the Court under section 4A of that Act (inserted by section 9 of the Criminal Justice Act 1999) on the date the determination was made but, in any case where section 13 of that Act applies, the person shall be returned for trial.

...

(e) Where the court subsequently determines that the person is fit to be tried the provisions of the Criminal Procedure Act 1967, shall apply as if an order returning the person for trial had been made by the Court on the date the determination was made.

...