Criminal Justice (Administration) Act, 1924

FIRST SCHEDULE.

RULES.

Sections 1 , 2 (2).

Material, etc., for indictments.

1.—(1) An indictment may be on parchment or durable paper, and may be either written or printed, or partly written and partly printed.

(2) Each sheet on which an indictment is set out shall be not more than 12 and not less than 6 inches in length, and not more than 14 and not less than 12 inches in width, and if more than one sheet is required, the sheets shall be fastened together in book form.

(3) A proper margin not less than 3 inches in width shall be kept on the left-hand side of each sheet.

(4) Figures and abbreviations may be used in an indictment for expressing anything which is commonly expressed thereby.

(5) An indictment shall not be open to objection by reason only of any failure to comply with this rule.

Commencement of the indictment.

2.—The commencement of the indictment shall be in the following form:—

The Attorney-General of Saorstát Eireann v. A.B.

Court of Trial (e.g. Central Criminal Court, (or) Court of the High Court Circuit, (or) The Circuit Court of Justice in Saorstát Eireann, (or) The Court of the County Court Judge of Waterford, (or) The Court of the Recorder of Cork).

Charge preferred to the Jury.

A.B. is charged with the following offence (offences):—

Joining of charges in one indictment.

3.—Charges for any offences, whether felonies or misdemeanours, may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar character.

Mode in which offences are to be charged.

4.—(1) A description of the offence charged in an indictment, or where more than one offence is charged in an indictment, of each offence so charged, shall be set out in the indictment in a separate paragraph called a count.

(2) A count of an indictment shall commence with a statement of the offence charged, called the statement of offence.

(3) The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence.

(4) After the statement of the offence, particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary:

Provided that where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to be given than those so required.

(5) The forms set out in the appendix to these rules or forms conforming thereto as nearly as may be shall be used in cases to which they are applicable, and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case.

(6) Where an indictment contains more than one count, the counts shall be numbered consecutively.

Provisions as to statutory offences.

5.—(1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities, or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence.

(2) It shall not be necessary, in any count charging a statutory offence, to negative any exception or exemption from or qualification to the operation of the statute creating the offence.

Description of property.

6.—(1) The description of property in a count in an indictment shall be in ordinary language and such as to indicate with reasonable clearness the property referred to, and if the property is so described it shall not be necessary (except when required for the purpose of describing an offence depending on any special ownership of property or special value of property) to name the person to whom the property belongs or the value of the property.

(2) Where property is vested in more than one person, and the owners of the property are referred to in an indictment it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owning the property are a body of persons with a collective name, such as “Inhabitants,” “Trustees,” “Commissioners,” or “Club” or other such name, it shall be sufficient to use the collective name without naming any individual.

Description of persons.

7.—The description or designation in an indictment of the accused person, or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him, without necessarily stating his correct name, or his abode, style, degree, or occupation; and if, owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, such description or designation shall be given as is reasonably practicable in the circumstances, or such person may be described as “a person unknown.”

Description of document.

8.—Where it is necessary to refer to any document or instrument in an indictment, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof.

General rule as to description.

9.—Subject to any other provisions of these rules, it shall be sufficient to describe any place, time, thing, matter, act, or omission whatsoever to which it is necessary to refer in any indictment, in ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act or omission referred to.

Statement of intent.

10.—It shall not be necessary in stating any intent to defraud, deceive or injure, to state an intent to defraud, deceive or injure any particular person where the statute creating the offence does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the offence.

Charge of previous convictions, etc.

11.—Any charge of a previous conviction of an offence or of being a habitual criminal or a habitual drunkard shall be charged at the end of the indictment by means of a statement—in the case of a previous conviction that the person accused has been previously convicted of that offence at a certain time and place without stating the particulars of the offence, and in the case of a habitual criminal or habitual drunkard, that the offender is a habitual criminal or a habitual drunkard, as the case may be.

Saving for s. 32 (4) of the Children Act, 1908.

12.—Nothing in these rules or in any rules made under section two of this Act shall affect the provisions of sub-section (4) of section 32 of the Children Act, 1908.

Duty to furnish copy of indictment.

13.—(1) It shall be the duty of the registrar of the court to supply to the accused person, on request, a copy of the indictment free of charge.

(2) In the application of this rule to county courts, the clerk of the peace shall be substituted for the registrar of the court.

Interpretation.

14.—The Interpretation Act, 1923 (No. 46 of 1923) applies for the interpretation of these rules as it applies for the interpretation of an Act of the Oireachtas.

Short title.

15.—These rules may be cited as the Indictment Rules, 1924, and these rules, together with any rules made under this Act, may be cited together by such collective title as may be prescribed by the last-mentioned rules.

APPENDIX TO RULES.

FORMS OF INDICTMENT.

1.

STATEMENT OF OFFENCE.

Murder.

PARTICULARS OF OFFENCE.

A.B., on the

day of

, murdered J.S.

, in the County of


2.

STATEMENT OF OFFENCE.

Accessory after the fact to murder.

PARTICULARS OF OFFENCE.

A.B., well knowing that one H.C. did on the       day of      in the county of       murder C.C., did on the       day of       in the County of       and on other days thereafter receive, comfort, harbour, assist and maintain the said H.C


3.

STATEMENT OF OFFENCE.

Manslaughter.

PARTICULARS OF OFFENCE.

A.B., on the

day of

, unlawfully killed J.S.

, in the County of


4.

STATEMENT OF OFFENCE.

Rape.

PARTICULARS OF OFFENCE,

A.B., on the

day of

, in the County of

, had carnal knowledge of E.F without her consent.


5.

STATEMENT OF OFFENCE.

First Count.

Wounding with intent, contrary to section 18 of the Offences against the Person Act, 1861 .

PARTICULARS OF OFFENCE.

A.B.,      on the day of           ,in the County of , wounded C.D., with intent to do him grievous bodily harm, or to maim, disfigure, or disable him, or to resist the lawful apprehension of him the said A.B.

STATEMENT OF OFFENCE.

Second Count.

Wounding, contrary to section 20 of the Offences against the Person Act, 1861

PARTICULARS OF OFFENCE.

A.B., on the

day of

, maliciously wounded C.D.

, in the County of


6.

STATEMENT OF OFFENCE.

Cruelty to a child, contrary to section 12 of the Children Act, 1908.

PARTICULARS OF OFFENCE.

A.B., between the       day of      and the       day of           , in the County of           , being a person over the age of sixteen years having the custody, charge, or care of C.D., a child, ill-treated or neglected the said child, or caused or procured the said child to be ill-treated or neglected in a manner likely to cause the said child unnecessary suffering or injury to its health.


7.

STATEMENT OF OFFENCE.

Larceny, contrary to section 17 (1) (a) of the Larceny Act, 1916 .

PARTICULARS OF OFFENCE.

A.B.,       on the day of      , in the County of      , being clerk or servant to M.N., stole from the said M.N. ten yards of cloth.


8.

STATEMENT OF OFFENCE.

Robbery, with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916 .

PARTICULARS OF OFFENCE.

A.B.,       on the day of      , in the County of       robbed C.D. of a watch, and at the time of or immediately before or immediately after such robbery did use personal violence to the said C.D.


9.

STATEMENT OF OFFENCE.

First Count.

Larceny after a previous conviction.

PARTICULARS OF OFFENCE.

A.B., on the       day of           , in the County of , stole a bag, the property of C.D. A.B. has been previously convicted of burglary on the       day of           at the Court sitting at Galway.


STATEMENT OF OFFENCE.

Second Count.

Receiving stolen goods, contrary to section 33 (1) of the Larceny Act, 1916 .

PARTICULARS OF OFFENCE.

A.B.,       on the day of           , in the County of          , did receive a bag, the property of C.D., knowing the same to have been stolen.


10.

STATEMENT OF OFFENCE.

Larceny, contrary to section 13 of the Larceny Act, 1916 .

PARTICULARS OF OFFENCE.

A.B., in the night of the      day of           , in the County of           , did break and enter the dwelling-house of C.D. with intent to steal therein, and did steal therein one watch, the property of S.T., the said watch being of the value of ten pounds.


11.

STATEMENT OF OFFENCE.

Threatening to publish a libel, contrary to section 31 of the Larceny Act, 1916 .

PARTICULARS OF OFFENCE.

A.B., on the       day of           , in the County of           , sent, delivered or uttered to or caused to be received by C.D., a letter accusing or threatening to accuse the said C.D. of an infamous crime with intent to extort money from the said C.D.


12.

STATEMENT OF OFFENCE.

Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act, 1916 .

PARTICULARS OF OFFENCE.

A.B.,       on the day of           , in the County of           , with intent to defraud, obtained from S.P. five yards of cloth by falsely pretending that he, the said A.B., was a servant to J.S., and that he, the said A.B., had been sent by the said J.S. to S.P. for the said cloth, and that he, the said A.B., was then authorised by the said J.S. to receive the said cloth on behalf of the said J.S.


13.

STATEMENT OF OFFENCE.

Conspiracy to defraud.

PARTICULARS OF OFFENCE.

A.B., and C.D., on the       day of            and on divers days between that day and the day of       in the County of           , conspired together with indent to defraud by means of an advertisement inserted by them, the said A.B. and C.D., in the H.S. newspaper, falsely representing that A.B, and C.D. were then carrying on a genuine business as jewellers at           , in the County of           , and that they were then able to supply certain articles of jewellery to whomsoever would remit to them the sum of two pounds.


14·

STATEMENT OF OFFENCE.

First Count.

Arson, contrary to section 2 of the Malicious Damage Act, 1861 .

PARTICULARS OF OFFENCE.

A.B.,       on the day of      , in the County of      , maliciously set fire to a dwelling house, one F.G. being therein.

STATEMENT OF OFFENCE.

Second Count.

Arson, contrary to section 3 of the Malicious Damage Act, 1861 .

PARTICULARS OF OFFENCE.

A.B.,      on the day of      , in the County of      , maliciously set fire to a house with intent to injure or defraud.


15.

STATEMENT OF OFFENCES.

A.B., arson, contrary to section 3 of the Malicious Damage Act, 1861 ; C.D., accessory before the fact to same offence.

PARTICULARS OF OFFENCES.

A.B., on the      day of      , in the County of      , set fire to a house with intent to injure or defraud. C.D., on the same day, in the County of      , did counsel, procure, and command the said A.B. to commit the said offence.


16.

STATEMENT OF OFFENCE.

First Count.

Offence under section 35 of the Malicious Damage Act, 1861 .

PARTICULARS OF OFFENCE.

A.B., on the       day of      , in the County of      , displaced a sleeper belonging to the Great Southern and Western Railway with intent to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage or truck using the said railway.

STATEMENT OF OFFENCE.

Second Count.

Obstructing railway, contrary to section 36 of the Malicious Damage Act, 1861 .

PARTICULARS OF OFFENCE.

A.B., on the       day of      , in the County of           , by unlawfully displacing a sleeper belonging to the Great Southern and Western Railway did obstruct or cause to be obstructed an engine or carriage using the said railway.


17.

STATEMENT OF OFFENCE.

Damaging trees, contrary to section 22 of the Malicious Damage Act, 1861 .

PARTICULARS OF OFFENCE.

A.B., on the      day of           , in the County of           , maliciously damaged an oak tree there growing.

A.B. has been twice previously convicted of an offence under section 22 of the Malicious Damage Act, 1861 , namely at           , on the day of           , and at           , on the day of          .


18.

STATEMENT OF OFFENCE.

First Count.

Forgery, contrary to section 2 (1) (a) of the Forgery Act, 1913.

PARTICULARS OF OFFENCE.

A.B., on the      day of      , in the County of      , with intent to defraud, forged a certain will purporting to be the will of C.D.

STATEMENT OF OFFENCE.

Second Count.

Uttering forged document, contrary to section 6 of the Forgery Act, 1913.

PARTICULARS OF OFFENCE.

A.B., on the      day of      , in the County of      , uttered a certain forged will purporting to be the will of C.D., knowing the same to be forged and with intent to defraud.


19.

STATEMENT OF OFFENCE.

Uttering counterfeit coin, contrary to section 9 of the Coinage Offences Act, 1861.

PARTICULARS OF OFFENCE.

A.B., on the       day of      , at the shop kept by C.D. in the County of      , uttered a counterfeit half-crown, knowing the same to be counterfeit.


20.

STATEMENT OF OFFENCE.

Uttering counterfeit coin, contrary to section 12 of the Coinage Offences Act, 1861.

PARTICULARS OF OFFENCE.

A.B., on the      day of      , at the shop kept by C.D. in the County of      , uttered a counterfeit sovereign, knowing the same to be counterfeit.

A B. has been previously convicted of a misdemeanour under section 9 of the Coinage Offences Act, 1861, on the      day of      at.


21.

STATEMENT OF OFFENCE.

Libel.

PARTICULARS OF OFFENCE.

A.B., on the       day of      , in the County of      , published a defamatory libel concerning E.F., in the form of a letter (book, pamphlet, picture, or as the case may be). (Innuendo should be stated where necessary).


22.

STATEMENT OF OFFENCE.

First Count.

Publishing obscene libel.

PARTICULARS OF OFFENCE.

E.M., on the       day of      , in the County of      , sold, uttered, and published and caused or procured to be sold, uttered, and published an obscene libel the particulars of which are deposited with this indictment.

(Particulars to specify pages and lines complained of where necessary, as in a book.)

STATEMENT OF OFFENCE.

Second Count.

Procuring obscene libel (or thing) with intent to sell or publish.

PARTICULARS OF OFFENCE.

E.M., on the       day of      , in the County of      , procured an obscene libel (or thing), the particulars of which are deposited with this indictment, with intent to sell, utter or publish such obscene libel (or thing).


23.

STATEMENT OF OFFENCE.

First Count.

Falsification of accounts, contrary to section I of Falsification of Accounts Act, 1875.

PARTICULARS OF OFFENCE.

A.B., on the      day of      , in the County of      , being clerk or servant to C.D., with intent to defraud, made or concurred in making a false entry in a cash-book belonging to the said C.D., his employer, purporting to show that on the said day £100 had been paid to L.M.

STATEMENT OF OFFENCE.

Second Count.

Same as first count.

PARTICULARS OF OFFENCE.

A.B., on the       day of      , in the County of       being clerk or servant to C.D., with intent to defraud, omitted or concurred in omitting from or in a cash book belonging to the said C.D., his employer, a material particular, that is to say, the receipt on the said day of £50 from H.S.


24.

STATEMENT OF OFFENCE.

First Count.

Fraudulent conversion of property, contrary to section 20 (1) (iv.) (a) of Larceny Act, 1916 .

PARTICULARS OF OFFENCE.

A.B., on the       day of      , in the County of      , fraudulently converted to his own use and benefit certain property, that is to say £100, entrusted to him by H.S., in order that he, the said A.B., might retain the same in safe custody.

STATEMENT OF OFFENCE.

Second Count.

Fraudulent conversion of property, contrary to section 20 (1) (iv.) (b) of Larceny Act, 1916 .

PARTICULARS OF OFFENCE.

A.B., on the       day of      , in the County of      , fraudulently converted to his own use and benefit certain property, that is to say, the sum of £200, received by him for and on account of L.M.