Back
Back

Appendix DD: Criminal Law (Insanity) Act 2006 

Appendix DD inserted by SI 597 of 2007, effective 26 September 2007.

Central Criminal Court

No. 1 Notice of Intention to Adduce Evidence as to Mental Condition (Section 19, Criminal Law (Insanity) Act 2006)
No. 2 Certificate Issuing After Conviction - (Section 96(1), Criminal Justice Act 2006) Certificate No
No. 3 Certificate Issuing After Sentence -  (Section 96(2), Criminal Justice Act 2006)
No. 4 Notice of Hearing of an Application For An Order Revoking an Order Suspending A Sentence of Imprisonment (Section 99(15) , Criminal Justice Act 2006)
No. 5 Notice to Attend Sitting of the Court (Section 100(5), Criminal Justice Act 2006)
No. 6 Notice of Hearing of an Application For An Order Imposing a Sentence of Imprisonment
No. 7 Particulars of Application for Preliminary Trial Hearing (PTH)
No. 8 Notice of Application to Vary/Discharge Order made at Preliminary Trial Hearing (PTH)

 

CENTRAL CRIMINAL COURT

 

No. 1

 

NOTICE OF INTENTION TO ADDUCE EVIDENCE AS TO MENTAL CONDITION (SECTION 19, CRIMINAL LAW (INSANITY) ACT 2006)

 

The People at the suit if the Director of Public Prosecutions

 

v

 

___________

 

WHEREAS the above-named accused was on the ... day of .......... 200 ... asked how he/she wished to plead to the charge of the offence(s)of TAKE NOTICE that the defence intends to adduce evidence as to the mental condition of the accused in the proceedings for the said offence(s). 

Dated this .... day of ..... 200

 

Signed 

 

Accused/Solicitor for the accused

 

To: Prosecutor

 

at

 

and to: the Proper Officer 

 

at the Central Office

 

_______

 

CENTRAL CRIMINAL COURT

O. 85, r.12

No. 2

 

CERTIFICATE ISSUING AFTER CONVICTION

 

(Section 96(1), Criminal Justice Act 2006)

 

Certificate No....................... 

 

The People at the suit of the Director of Public Prosecutions —v-.............. 

 

Case/ Bill no ................

 

Defendant’s name ................

 

Defendant’s address .................

 

Defendant’s date of birth ...............

 

Date of Conviction .................. 

 

Court Venue .................

 

Date of Sentence (if different) ..............

 

Offence(s) of which the person was convicted Sentence(s)  ............

 

The above named defendant was convicted of the above offence(s) on the above date and *[has become] * [may become] subject to the requirements of Part 9 of the Criminal Justice Act 2006. 

 

..............

Date

 

..........

Registrar 

 

To be transmitted immediately to:

 

(1) **The Detective Chief Superintendent, Garda National Drugs Unit, Dublin Castle, Dublin 2 Fax (01) 6669985 

 

(2) The person convicted of the offence(s) 

 

(3) *The person in charge of the place to which the person has been ordered to be imprisoned. 

 

This form is to be used where a person has been convicted on indictment of a drug trafficking offence within the meaning of the Criminal Justice Act 2006.

 

** Address and fax no. are current as of 2009 and may be subject to change 

* Insert as appropriate

 

 Inserted by SI 10 of 2009, effective 9 February 2009.

_______

 

CENTRAL CRIMINAL COURT

O. 85, r.12

No. 3

 

CERTIFICATE ISSUING AFTER SENTENCE

 

(Section 96(2), Criminal Justice Act 2006)

Certificate no. ....................

 

People (D.P.P.) —v-.................... 

 

Case/ Bill no. ................ 

 

Defendant’s name ................... 

 

Defendant’s Address .................... 

 

Defendant’s date of birth ................ 

 

Date of Conviction ................ 

 

Court Venue ....................

 

Date of Sentence (if different) ..............

 

Offence(s) of which the person was convicted

 

Sentence(s) ............

 

The above named defendant was convicted of the above offence(s) on the above date and has become subject to the requirements of Part 9 of the Criminal Justice Act 2006. 

 

..............

Date

 

..............

Registrar 

 

To be transmitted immediately to:

 

(1) **The Detective Chief Superintendent, Garda National Drugs Unit, Dublin Castle, Dublin 2 Fax (01) 6669985 

 

(2) The person convicted of the offence(s) 

 

(3) *The person in charge of the place to which the person has been ordered to be imprisoned

 

This form is to be used where a person has been convicted on indictment of, and sentenced for, a drug trafficking offence within the meaning of the Criminal Justice Act 2006.

 

** Address and fax no. are current as of 2009 and may be subject to change 

* Insert as appropriate

 

Inserted by SI 10 of 2009, effective 9 February 2009.

_______

 

CENTRAL CRIMINAL COURT

O.85, r.12

No. 4

 

NOTICE OF HEARING OF AN APPLICATION FOR AN ORDER REVOKING AN ORDER SUSPENDING A SENTENCE OF IMPRISONMENT

 

(Section 99(15), Criminal Justice Act 2006)

 

People (D.P.P.) —v-..................

Case/ Bill no. ..................

 

To ...........

 

of ...........

 

An order was made by the Central Criminal Court under section 99(1) of the Criminal Justice Act 2006 on the ... day of ...... 20... suspending *the whole of *part of a sentence of imprisonment imposed on you. You were bound by a recognisance entered into by you under section 99 of the Criminal Justice Act 2006, to comply with the conditions of, or imposed in relation to that order, that 

 

[here insert conditions of, or imposed by, the order under Section 99(1) of the Criminal Justice Act 2006] 

 

TAKE NOTICE THAT ......... of .............

 

*a member of An Garda Síochána *a prison governor has applied under section 99(13) of the Criminal Justice Act 2006 

 

*a probation and welfare officer has applied under section 99(14) of the Criminal Justice Act 2006 

 

to fix a date for the hearing of an application for an order revoking the order made by the Court suspending *the whole of *part of the sentence of imprisonment imposed on you. 

 

AND FURTHER TAKE NOTICE THAT you are required to appear before the Central Criminal Court at ...........on the ..... day of .......... 20... at ... a.m./p.m. for the hearing of the application for an order revoking the order aforementioned.

 

IF YOU fail to appear before the Central Criminal Court, as required by this notice, the Court may issue a warrant for your arrest. 

 

Dated the .... day of ........ 20.........

 

Signed ..................

 

Register 

 

* Delete if inapplicable

 

 Inserted by SI 10 of 2009, effective 9 February 2009.

_______

 

CENTRAL CRIMINAL COURT

O.85, r. 12

No. 5

 

NOTICE TO ATTEND SITTING OF THE COURT

 

(Section 100(5), Criminal Justice Act 2006)

 

People (D.P.P.) —v-..................

 

Case/ Bill no .............

 

To ...............

 

of ...............

 

An order was made by the Central Criminal Court under section 100(1)(b)of the Criminal Justice Act 2006 on the .... day of .......... 20.. deferring the passing of a sentence of imprisonment on you in respect of the offence(s)of which you were convicted. That order specified that the Court proposed to impose on the .... day of .......... 20... a term of imprisonment of .......... on you in respect of such offence(s) should you fail or refuse to comply with the condition(s) specified in that order. 

 

TAKE NOTICE THAT you are required to appear at a sitting of the Central Criminal Court at ........... on the ..... day of ........ 20... at ....a.m./p.m.. 

 

IF YOU fail to appear at that sitting of the Central Criminal Court, as required by this notice, the Court may issue a warrant for your arrest. 

 

Dated the .... day of ........ 20...

 

Signed ..............

 

Registrar

 

Inserted by SI 10 of 2009, effective 9 February 2009.

_______

 

CENTRAL CRIMINAL COURT

O.85, r.12

No. 6

 

NOTICE OF HEARING OF AN APPLICATION FOR AN ORDER IMPOSING A SENTENCE OF IMPRISONMENT

 

(Section 100(8), Criminal Justice Act 2006)

 

People (D.P.P.) —v- ..............

 

Case/ Bill no ...............

 

To ............

 

of .............

 

An order was made by the Central Criminal Court under section 100(1) of the Criminal Justice Act 2006 on the ... day of ...... 20... deferring the imposition on you of a sentence of imprisonment of ............ in respect of the offence(s) of which you were convicted. That order specified that the Court proposed to impose on the .... day of ........ 20... a term of imprisonment of ............... on you in respect of such offence(s) should you fail or refuse to comply with the condition(s) specified in that order 

 

[here insert conditions specified in the order made under Section 100(1) of the Criminal Justice Act 2006] 

 

TAKE NOTICE THAT ........... of .........

 

a member of An Garda Síochána has applied under section 100(7) of the Criminal Justice Act 2006 to fix a date for the hearing of an application for an order imposing on you the term of imprisonment specified in that order, alleging that (s)he has reasonable grounds for believing that you have contravened the following condition(s): 

 

[here insert conditions alleged to have been contravened] 

 

AND FURTHER TAKE NOTICE THAT you are required to appear before the Central Criminal Court at .......... on the .... day of ....... 20... at .... a.m./p.m. for the hearing of the application for an order imposing on you the term of imprisonment aforementioned. 

 

IF YOU fail to appear before the Central Criminal Court, as required by this notice, the Court may issue a warrant for your arrest. 

 

Dated the .... day of ......... 20 ....

 

Signed ...............

 

Registrar

  Inserted by SI 10 of 2009, effective 9 February 2009.

 

_______

 

No. 7

 

CENTRAL CRIMINAL COURT

PARTICULARS OF APPLICATION FOR PRELIMINARY TRIAL HEARING (PTH)

 

The People at the suit of the Director of Public Prosecutions

 

v

 

........................

 

Case/Bill No.............

 

1. This application to direct the holding of a preliminary trial hearing in respect of the above trial in accordance with section 6(1) of the Criminal Procedure Act 2021 (the “2021 Act”) is made by the *accused/*prosecution.

 

2. The accused is charged that: ................

 

*3. The trial is scheduled to commence on the ...day of .... 20...

 

The moving party intends to seek the following orders, rulings and/or directions in accordance with section 6 of the 2021 Act at a preliminary trial hearing:

 

Orders, rulings and/or directions sought by moving party

[NB: Strike through or delete any application below which is not relevant]

Replying party’s response

(PTH Reply)

1. The trial is one in which a preliminary trial hearing is required to be held in accordance with section 6(2) of the 2021 Act because (a) the accused is charged with a relevant offence within the meaning of section 5 of the 2021 Act, namely .......; (b) this application is made to the Court for a preliminary trial hearing to be held, and (c) no preliminary trial hearing has previously been held in respect of the trial of the said offence

*Agree/*Disagree

*Reasons for disagreement

2. The trial is not one in which a preliminary trial hearing is required to be held in accordance with section 6(2) of the 2021 Act, but it would be conducive to the expeditious and efficient conduct of the proceedings, and not contrary to the interests of justice for a preliminary trial hearing to be held.

Reasons:

*Evidence intended to be led:

*Agree/*Disagree

*Reasons for disagreement

*Evidence expected to be required:

3. The following orders/rulings regarding the availability of witnesses for the trial:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

4. The following orders/rulings regarding particular practical measures or technological equipment required for the conduct of the trial:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

5. The following orders/rulings arising from the extent to which the trial is ready to proceed (including any outstanding issues relating to disclosure):

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

6. The following orders/rulings arising from the likely length of the trial (which is estimated to be .......):

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

7. There being two or more persons charged in the same proceedings, namely .........., an order that the persons be tried separately:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

8. An order under or pursuant to section 6 of the Criminal Justice (Administration) Act 1924 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

9. An order under or pursuant to section 15A of the Juries Act 1976 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

10. An order under or pursuant to *section 21 * section 22 of the Criminal Justice Act 1984 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

11. An order under or pursuant to section 3 of the Criminal Law (Rape) Act 1981 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

12. An order under or pursuant to *section 13, *section 14, *section 14A, *section 14C, *section 19A * section 29 of the Criminal Evidence Act 1992 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

13. An order under or pursuant to section 39 of the Criminal Justice Act 1999 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

14. An order under or pursuant to section 181 of the Criminal Justice Act 2006 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

15. An order under or pursuant to section 67 of the Criminal Justice (Mutual Assistance) Act 2008 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

16. An order under or pursuant to section 34 of the Criminal Procedure Act 2010 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

17. An order under or pursuant to section 21 of the Criminal Justice (Victims of Crime) Act 2017 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

18. An order under or pursuant to section 25 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

19. A relevant order, within the meaning of section 3(1) of the Criminal Procedure Act 2021 , as to the admissibility of evidence (including an order under or pursuant to section 16 of the Criminal Evidence Act 1992 ), that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

20. The following other order, that could be made by the Court in the absence of the jury, that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

21. The following other order, relating to the conduct of the trial of the offence concerned which it is submitted should appear necessary to the Court to ensure that due process and the interests of justice are observed, that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

22. The following orders, with regard to the conduct of the preliminary trial hearing, which it is submitted is appropriate and in accordance with the interests of justice, that:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

23. Insert brief details of any other order, ruling or direction sought:

Reasons:

*Evidence intended to be led:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

*Evidence expected to be required:

 

Dated:...................20..

Signed:_________________

*(Solicitor for) Accused/*Prosecutor

To: *Prosecutor/*(Solicitor for) Accused

I have completed the above reply to this application for a preliminary trial hearing

Dated:..............20..

Signed:_________________

*Prosecutor/*(Solicitor for) Accused

To: *(Solicitor for) Accused/*Prosecutor

And to: Registrar

*Delete where inapplicable

 

Inserted by SI 122 of 2022, effective 16 March 2022.

_______

No. 8

 

 

CENTRAL CRIMINAL COURT

NOTICE OF APPLICATION TO VARY/DISCHARGE ORDER MADE AT  PRELIMINARY TRIAL HEARING (PTH)

 

The People at the suit of the Director of Public Prosecutions

 

v

 

........................

 

Case/Bill No...........

 

TAKE NOTICE that an application will be made to the Court sitting at ............. at .... o’clock or as soon as may be thereafter on the .... day of ..... 20... on behalf of the *accused/*prosecution for an order in accordance with section 6(15)(b) of the Criminal Procedure Act 2021

 

*varying the order that ........................ made at the preliminary trial hearing in respect of the trial held on the .... day of ..... 20... to the effect that ........[insert variation sought].

 

*discharging the order that ........................ made at the preliminary trial hearing in respect of the trial held on the .... day of ..... 20...

 

on the grounds that there has been a material change in circumstances relevant to the said order, namely that ..........................................................................................

 

Dated:...................20..

Signed:_________________

*Prosecutor/*(Solicitor for) Accused

To: *(Solicitor for) Accused/*Prosecutor

And to: Registrar

*Delete where inapplicable

 

Inserted by SI 122 of 2022, effective 16 March 2022.