PART II

Preliminary Examination of Indictable Offences in the District Court

5. —(1) Where an accused person is before the District Court charged with an indictable offence then, unless the case is being tried summarily or the accused pleads guilty, the justice shall conduct a preliminary examination of the charge in accordance with the provisions of this Part.

(2) References in any enactment to the preliminary investigation of an indictable offence shall be construed as references to the procedure set out in this Part.

6. —(1) The prosecutor shall cause the following documents to be served on the accused—

(a) a statement of the charges against him,

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

(c) a list of the witnesses whom it is proposed to call at the trial,

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

(e) a list of exhibits (if any).

(2) Copies of the documents shall also be furnished to the Court.

(3) The accused shall have the right to inspect all exhibits.

(4) The prosecutor may cause to be served on the accused and furnished to the Court a further statement of the evidence to be given by any witness a statement of whose evidence has already been supplied.

7. —(1) The justice shall consider the documents and exhibits, any deposition or statement taken in accordance with this section and any submissions that may be made by or on behalf of the prosecutor or the accused.

(2) The prosecutor and the accused shall each be entitled to give evidence on sworn deposition and also to require the attendance before the justice of any person, whether included in the supplied list of witnesses or not, and to examine him by way of sworn deposition.

(3) A witness under subsection (2) may be cross-examined and re-examined on his evidence. His deposition shall be taken down in writing, read over to him and signed by him and by the justice.

(4) (a) The justice shall ask the accused if he has anything to say in answer to the charge. The justice shall caution the accused that he is not obliged to say anything unless he wishes to do so and that whatever he does say will be taken down in writing and, if he is sent forward for trial, may be given in evidence at his trial.

(b) Whatever the accused says in answer to the justice's question and caution shall be taken down in writing and read over to him and shall be signed by the justice.

(c) The accused's statement, appearing to be so signed, may be given in evidence at his trial without further proof unless it is proved that it was not signed by the justice by whom it purports to have been signed.

(d) Nothing in this subsection shall prevent the prosecutor from giving in evidence any confession, or other statement made at any time by the accused, which is admissible by law as evidence against the accused.

8. —(1) If the justice is of opinion that there is a sufficient case to put the accused on trial for the offence with which he has been charged, he shall send him forward for trial.

(2) If the justice is of opinion that there is a sufficient case to put the accused on trial for some indictable offence other than that charged, he shall cause him to be charged with that offence, proceed in accordance with section 7 (4), which shall have effect with the omission of the words “if he is sent forward for trial” in paragraph (a), and, unless section 13 applies, send him forward for trial.

(3) Subsections (1) and (2) are subject to the provisions of section 2 of the Criminal Justice Act, 1951 , which relates to minor offences.

(4) If the justice is of opinion that a summary offence only is disclosed, and the Attorney General consents, he shall cause the accused to be charged with the summary offence and deal with the case accordingly.

(5) If none of the foregoing provisions applies, the justice shall order the accused to be discharged as to the offence under examination.

(6) An order of a justice sending an accused person forward for trial shall be in writing signed by the justice.

9. —(1) The justice shall, if he decides to send the accused forward for trial, make an order (in this section referred to as a witness order) in respect of each person a statement of whose evidence has been supplied or whose deposition has been taken under this Part requiring him to attend and give evidence before the court by which the accused is to be tried and to produce any document or thing specified in the order.

(2) A person who without just excuse disobeys a witness order requiring him to attend before any court shall be guilty of contempt of that court.

(3) If, on the application of the Attorney General or an accused person, the justice is satisfied by evidence on oath that a particular person is unlikely to comply with a witness order, the justice may bind him by recognisance to appear at the trial and if he refuses to be so bound the justice may by warrant commit him to custody until the trial or until he enters into the recognisance; and the justice shall have the same powers for enforcing the attendance of such person before him for the purposes of this subsection as the District Court has in relation to witnesses in criminal proceedings.

10. —(1) A summons (in this section referred to as a witness summons) may, on the application of the Attorney General or an accused person, be issued out of the court to which the accused has been sent forward for trial requiring the person to whom it is directed to attend before the trial court and give evidence at the trial and to produce any document or thing specified in thesummons, unless the court is satisfied that such person 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.

11. —(1) Where the accused has been sent forward for trial the Attorney General shall cause to be served on him a list of any further witnesses whom he proposes to call at the trial, with a statement of the evidence that is to be given by each of them, a list of any further exhibits, a statement of any further evidence that is to be given by any witness whose name appears on the list of witnesses already supplied, and copies of any statement recorded under section 7 and any deposition taken under that section or under section 14.

(2) Copies of the documents shall also be furnished to the trial court.

12. —(1) The accused may waive the preliminary examination and elect to be sent forward for trial with a plea of not guilty, unless the prosecutor requires the attendance of a witness under section 7 (2).

(2) In the event of such waiver, the justice shall send him forward for trial and the Attorney General shall cause to be served on him any documents required to be supplied to the accused and not already served.

(3) Copies of the documents shall also be furnished to the trial court.

(4) A child or young person (within the meaning of the Children Acts, 1908 to 1957) shall not be permitted to exercise a waiver under this section except with the consent of the parent or guardian having the actual possession and control of him.

13. —(1) This section applies to all indictable offences except the following—an offence under the Treason Act, 1939 , murder, attempt to murder, conspiracy to murder, piracy or a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962 , including an offence by an accessory before or after the fact.

(2) If at any time the District Court ascertains that a person charged with an offence to which this section applies wishes to plead guilty and the Court is satisfied that he understands the nature of the offence and the facts alleged, the Court may—

(a) with the consent of the Attorney General, deal with the offence summarily, in which case the accused shall be liable to the penalties provided for by subsection (3), or

(b) if the accused signs a plea of guilty, send him forward for sentence with that plea to a court to which, if he had pleaded not guilty, he could lawfully have been sent forward for trial.

(3) (a) On conviction by the District Court for an offence dealt with summarily under subsection (2) (a), the accused shall be liable to a fine not exceeding £100 or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment.

(b) In the case, however, of an offence under section 11 of the Wireless Telegraphy Act, 1926 , the District Court shall not impose a fine exceeding £10 or a term of imprisonment exceeding one month.

(4) (a) Where a person is sent forward for sentence under this section he may withdraw his written plea and plead not guilty to the charge.

(b) In that event, the court shall enter a plea of not guilty, which shall have the same operation and effect in all respects as an order of a justice of the District Court sending the accused forward for trial to that court on that charge, and the Attorney General shall cause to be served on him any documents required to be supplied to the accused and not already served.

(5) This section shall not affect the jurisdiction of the Court under section 2 of the Criminal Justice Act, 1951 .

14. —(1) Where, on the application of the prosecutor or an accused person, a justice of the District Court is of opinion that a prospective witness may be unable to attend or be prevented from attending to give evidence at the trial of the accused and that it is necessary in the interests of justice to take his evidence by way of sworn deposition, he may order accordingly.

(2) The deposition shall be taken in the presence of a justice of the District Court and of the accused. It shall be taken down in writing, read over to the deponent and signed by him and by the justice.

(3) Before the deposition is taken, the justice shall inform the accused of the circumstances in which it may be read as evidence at his trial.

(4) The deponent may be cross-examined and re-examined on his evidence.

(5) The justice shall have the same powers for enforcing compliance with this section by a prospective witness and for securing the attendance of the accused as the District Court has in relation to witnesses in criminal proceedings.

(6) Where the accused has been sent forward for trial the right of application given to the prosecutor by subsection (1) shall be exercisable by, and only by, the Attorney General.

15. —(1) A deposition taken under section 7 or 14 may, subject to subsection (2), be read as evidence at the trial of the accused if it is proved that—

(a) the deponent is dead or unable to attend or prevented from attending to give evidence at the trial, and

(b) the deposition was taken in the presence of the accused, and

(c) an opportunity was given for the cross-examination and re-examination of the deponent.

(2) Except in the case of the deponent's death—

(a) a deposition taken under section 7 on the application of the prosecutor shall not be read unless the accused consents;

(b) a deposition taken under section 14 shall not be read if the trial judge considers that to do so would not be in the interests of justice.

16. —(1) Subject to the provisions of this section and any other enactment, a preliminary examination shall be in open court.

(2) Where the court is satisfied, because of the nature or circumstances of the case or otherwise in the interests of justice, that it is desirable, the court may exclude the public or any particular portion of the public or any particular person or persons except bona fide representatives of the Press from the court during the hearing.

(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 , applies.

17. —(1) No person shall publish or cause to be published any information as to any particular preliminary examination other than a statement of the fact that such examination in relation to a named person on a specified charge has been held and of the decision thereon.

(2) If it appears to a justice of the District Court, on the application of the Attorney General, that any person has contravened subsection (1), he may certify to that effect under his hand to the High Court and the Court may thereupon inquire into the alleged offence and after hearing any witnesses who may be produced against or on behalf of that person, and after hearing any statement that may be offered in defence, 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.

(3) Subsection (1) shall not apply to the publication of such information as the justice by whom the preliminary examination was conducted permits to be published at the request of the accused.

18. —Where a person has been sent forward for trial under this Part the indictment against him may include, either in substitution for or in addition to counts charging the offence for which he has been sent forward, any counts founded on any of the documents (including any depositions and any statement taken under section 7) and exhibits considered by the justice at the preliminary examination, being counts which may lawfully be joined in the same indictment.

19. —(1) Section 2 (2) of the Criminal Justice Act, 1951 , is hereby amended by the substitution, for paragraph (b), of the following paragraph:

“(b) A person shall not be tried summarily for an offence specified in the First Schedule at reference numbers 1, 2, 3 or 9 or for an offence specified therein at reference number 8 or 15 which involves property the value of which, in the opinion of the Court, exceeds two hundred pounds or for an attempt to commit any of the aforesaid offences unless the Attorney General has consented to his being so tried.”

(2) The First Schedule to the Criminal Justice Act, 1951 (which specifies the indictable offences which may be tried summarily with the consent of the accused) is hereby amended—

(a) by the deletion of the matter set out at reference numbers 8, 14 and 15 and the insertion of—

“8. An offence under the Larceny Act, 1861.

14. An offence under section 25, 26, 27 or 28 of the Larceny Act, 1916.

15. An offence under any provision (other than sections 25, 26, 27 and 28) of the Larceny Act, 1916.”;

(b) by the deletion of the matter set out at reference number 18;

(c) by the insertion of the following additional references:

“22. An offence under section 13 of the Debtors (Ireland) Act, 1872.

23. An offence under sections 20, 21, 22, 23 or 51 of the Malicious Damage Act, 1861.”

(3) Section 2 of the Criminal Justice (Legal Aid) Act, 1962 , shall not apply in relation to proceedings under this Part unless the accused is charged with murder.

20. —The consent of the Attorney General under any provision of this Part may be conveyed in writing signed by the Attorney General or orally by a person prosecuting at the suit of the Attorney General or appearing on his behalf.