Court Rules

1. [1] In this Order:

“the Act” means the Criminal Justice Act 2006 (No. 26 of 2006);

“the Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008).

2. (1) Where the conviction of a person gives rise to a requirement to issue a certificate referred to in section 96(1) of the Act, such certificate shall be in the Form 47A, and shall be transmitted forthwith by or on behalf of the County Registrar to each of the persons referred to in section 96(6) of the Act.

(2) Where the sentencing of a person gives rise to a requirement to issue a certificate referred to in section 96(2) of the Act, such certificate shall be in the Form 47B, and shall be transmitted forthwith by or on behalf of the County Registrar to each of the persons referred to in section 96(6) of the Act.

(3) Where the making of an order under section 89(3) of the Act or section 95(3) of the Act gives rise to a requirement to issue a certificate referred to in section 96(3) of the Act, such certificate shall be in the Form 47C, and shall be transmitted forthwith by or on behalf of the County Registrar to each of the persons referred to in section 96(6).

(4) The notices referred to in sections 99(15), 100(5) and 100(8) of the Act shall be, respectively, in the Forms 47D, 47E and 47F.

3. [2] (1) Save where otherwise directed or permitted by the Court, an application to the Court to issue a letter of request under section 62(1), section 67(2), section 73(1) or section 77(1) of the Act of 2008 shall—

(a) where the application concerns proceedings already instituted against a person, be made by motion on notice, returnable to a date not less than four weeks prior to the commencement of the Sittings at which it is intended that the trial shall be heard, and the notice of motion shall be filed in the Office and a copy served on the Director of Public Prosecutions or the person charged, as the case may be, not later than twenty-one days before the commencement of such Sittings;

(b) in any other case, be made by originating motion ex parte.

(2) Where paragraph (b) of sub-rule (1) applies, the originating notice of motion shall be entitled:

“The Circuit Criminal Court

In the Matter of section 62(1) [or section 67(2), section 73(1) or section 77(1), as the case may be] of the Criminal Justice (Mutual Assistance) Act 2008 and in the Matter of [insert description of investigation]

On the Application of [A.B.]”.

(3) The Court may, before making an order on such an application, require the applicant to produce or file in the Office for consideration by the Court a completed draft of the form of letter of request containing the information required by the Act of 2008 to be included in such letter.

(4) Where an order is made under this rule, the order may include such further provisions as the Court considers necessary or appropriate to facilitate the taking of any evidence concerned.

4.[3] (1) A certificate in accordance with section 49(1)(b) of the Act of 2008 shall be in the Form 47G of the Schedule of Forms.

(2) A certificate in accordance with section 58(1)(b) of the Act of 2008 shall be in the Form 47H of the Schedule of Forms.

(3) A certificate referred to in this rule shall be issued by the County Registrar on receipt of a letter from the Director of Public Prosecutions, or an officer or solicitor of the Director duly authorised in that behalf, requesting such certificate.

5.[4] Every application for leave to issue and serve a document in accordance with section 80 of the Act of 2008 shall be made ex parte.