S.I. No. 812/2004 - Rules of the Superior Courts (Court of Criminal Appeal) 2004

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

I concur in the making of the annexed Rules of Court.

Dated this 29th day of November 2004.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

RULES OF THE SUPERIOR COURTS (COURT OF CRIMINAL APPEAL) 2004.

1. The following shall replace Form No. 3 of Appendix U of the Rules of the Superior Court:

“No. 3

NOTICE OF APPLICATION FOR LEAVE TO APPEAL

COURT OF CRIMINAL APPEAL

The People at the suit of the Director of Public Prosecutions

v.

[                        ]

To the Registrar of the Court of Criminal Appeal.

I,                           , having been convicted of the offence of [state offence shortly]                           and thereupon sentenced to                           and having applied to the Judge who tried me for a certificate that my case was a fit for appeal, and having been refused such certificate and being now a prisoner in                           [or now living at          ] and being desirous of appealing against my said conviction and/or sentence, do hereby give you notice that I will apply to the Court of Criminal Appeal for leave to appeal on the grounds hereinafter set forth.

Dated

(Signed)

[or mark]

Applicant signature and

address of witness attesting mark

Particulars of trial and conviction

1.  Date of trial.

2.  In what Court.

3.  Sentence.

Grounds of Application

Note

The applicant should answer the following question:—

Does the applicant desire to be present at the hearing of this application for leave to appeal?”

2. This rule shall come into operation on the 29th day of December, 2004.

3. This rule shall be construed together with the Rules of the Superior Courts, 1986 to 2004 and may be cited as the Rules of the Superior Courts (Court of Criminal Appeal) (Amendment) 2004.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules replace form number 3 in Appendix U of the Rules of the Superior Courts, 1986.