Criminal Procedure Act 1967

F9[Additional documents.

4C

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.]

Annotations

Amendments:

F9

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

Modifications (not altering text):

C10

Application of section extended (30.07.2013) by European Union (Birds and Natural Habitats) (Sea-fisheries) Regulations 2013 (S.I. No. 290 of 2013), reg. 20(2).

Matters relating to indictable offences

20.— ...

(2) Where a person elects to be sent forward for trial in the Circuit Court on a plea of not guilty under paragraph (1), the prosecutor shall cause to be served on the accused person or the solicitor (if any) for that person, not later than 42 days after the not guilty plea is entered (or such longer period as the District Court determines under paragraph (3)), any documents that under section 4B (as amended by section 37 of the Criminal Procedure Act 2010 (No. 27 of 2010)) and 4C (inserted by section 9 of the Criminal Justice Act 1999 (No. 10 of 1999)) of the Criminal Procedure Act 1967 (No. 12 of 1967) are required to be served and have not already been served, and a copy of those documents is to be furnished to the District Court.

...

C10

Application of section extended (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 27, commenced on enactment.

Option for accused persons as regards proceedings in relation to indictable offences under Sea-Fisheries Acts 2003 and 2006.

27.— (1) (a) A person charged with an indictable offence under Chapter 2 or the Act of 2003 may, with the consent of the prosecutor, elect to be sent forward for trial in the Circuit Court on a plea of not guilty.

(b) In that event, the prosecutor shall cause to be served on the accused person or the solicitor (if any) for that person, within 42 days after the not guilty plea is entered (or such longer period as the District Court may determine under subsection (2)(a)), any documents that under section 4B or 4C (inserted by section 9 of the Act of 1999) of the Act of 1967 are required to be served and have not already been served and a copy of those documents to be furnished to the District Court.

(2) (a) The District Court may, on the application of the prosecutor, extend the period within which any documents required under section 4B of the Act of 1967 are to be served, if satisfied that—

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

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

(b) An application may be made and an extension may be granted under paragraph (a) before or after the expiry of—

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

(ii) any extension of that period granted under paragraph (a).

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

(d) The striking out of proceedings under paragraph (c) does not prejudice the institution of any further proceedings against the accused by the prosecutor.

C12

Application of section extended (1.05.2002) by Children Act 2001 (24/2001), s. 75(7)(b)(ii), S.I. No. 151 of 2002.

Jurisdiction to deal summarily with indictable offences.

75.— ...

(7) (a) Where a child is sent forward for sentence under this section, he or she may withdraw the written plea and plead not guilty to the charge.

(b) In that event—

(i) the court shall enter a plea of not guilty, which shall have the same effect in all respects as if the child had been sent forward for trial to that court on that charge in accordance with Part 1A (inserted by the Criminal Justice Act, 1999 ) of the Act of 1967,

(ii) the prosecutor shall cause to be served on the child any documents that under section 4B or 4C (as so inserted) of that Act are required to be served and have not already been served, and

...

Editorial Notes:

E3

Previous affecting provision: application of section extended (27.08.2009) by European Communities (Habitats and Birds) (Sea-fisheries) Regulations 2009 (S.I. No. 346 of 2009), reg. 15(2); revoked (30.07.2013) by European Union (Birds and Natural Habitats) (Sea-fisheries) Regulations 2013 (S.I. No. 290 of 2013), reg. 33(1)(a).