S.I. No. 266/1939 -- Offences Against The State Act, 1939. Rules of Special Criminal Court, 1939.
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No. 266/1939: OFFENCES AGAINST THE STATE ACT, 1939. RULES OF SPECIAL CRIMINAL COURT, 1939. | |||||||||
OFFENCES AGAINST THE STATE ACT, 1939. RULES OF SPECIAL CRIMINAL COURT, 1939. | |||||||||
Rules of Special Criminal Court established by Order of the Government made on the 24th day of August, 1939. | |||||||||
WHEREAS it is enacted by sub-section (1) of Section 38 of the Offences Against the State Act, 1939 (No. 13 of 1939), that as soon as may be after coming into force of Part V of the said Act, there shall be established for the purposes of that Part of the said Act a Court which shall be styled and known and is in the said Act referred to as a Special Criminal Court ; | |||||||||
AND WHEREAS a Special Criminal Court was established on the 24th day of August, 1939 ; | |||||||||
AND WHEREAS it is enacted by sub-section (1) of Section 41 of the Offences Against the State Act, 1939 , that every Special Criminal Court shall have powers, in its absolute discretion, to appoint the times and places of its sittings, and shall have control of its own procedure in all respects and, shall for that purpose make, with the concurrence of the Minister for Justice, rules regulating its practice and procedure and may in particular provide by such rules for the issuing of summonses, the procedure for bringing (in custody or on bail) persons before it for trial, the admission or exclusion of the public to or from its sittings, the enforcing of the attendance of witnesses, and the production of documents. | |||||||||
NOW, THEREFORE, the Special Criminal Court established on the 24th day of August, 1939, in pursuance of the power vested in it hereby makes, with the concurrence of the Minister for Justice, the following Rules :— | |||||||||
Dated the 2nd day of October, 1939. | |||||||||
(Signed) | |||||||||
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I concur in the making of these Rules. | |||||||||
Dated the 3rd day of October, 1939. | |||||||||
GERALD BOLAND, | |||||||||
Minister for Justice. | |||||||||
RULES. | |||||||||
INTERPRETATION OF RULES. | |||||||||
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| Citation | |||||||||
1. These Rules may be cited as " Rules of Special Criminal Court established on the 24th day of August, 1939 ". | |||||||||
| Definitions | |||||||||
2. (a) The expression " the Act " means the Offences Against the State Act, 1939 . | |||||||||
The expression " the Court " means the Special Criminal Court established by Order of the Government made on the 24th day of August, 1939. | |||||||||
The expression " the Registrar " means the Registrar of the said Court. | |||||||||
The expression " official stenographer " means the person or persons appointed from time to time as such for the purpose of Section 33 of the Courts of Justice Act, 1924 , as applied by section 44 of the act. | |||||||||
The word " exhibits " includes all books, papers and documents, and all other property, matters and things whatsoever connected with the trial by the Court of any person if the same have been transmitted to the Court or have been produced and used in evidence during such trial or on any application made to the Court in reference to any such trial or intended trial and any written statement handed into the Court by such person but shall not include the original depositions of witnesses examined before the Justice of the District Court nor any indictment against any such person. | |||||||||
(b) The Interpretation Act, 1937 , shall apply to the interpretation of these Rules in like manner as it applies to the interpretation of an Act of the Oireachtas. | |||||||||
| Sittings of the Court | |||||||||
3. Sittings of the Court shall be held at such places and at such times as may be decided by the Court. | |||||||||
| Notice of sittings of the Court | |||||||||
4. The Registrar shall give notice of the place and time of each sitting of the Court to the Chief State Solicitor and to persons to be tried at such sitting. If a person for trial is represented by a Solicitor, the Registrar may also give such notice to the Solicitor of such person. | |||||||||
| Abridgement and extension of time and adjournment | |||||||||
5. The Court may abridge or extend the time for doing any act and may adjourn the hearing of any trial or application to the Court or postpone verdict and sentence as it shall think fit. | |||||||||
| Admission of public to Sittings of the Court | |||||||||
6. Save Counsel and Solicitors appearing for the Attorney-General and for a person on trial, no person shall have access to or be or remain in the place where the Court is sitting without leave of the Court. | |||||||||
| Sending or sending forward persons for trial | |||||||||
7. (1) Where a person charged with an offence is sent or sent forward for trial by the Court by a Justice of the District Court, the Justice shall transmit or cause his Clerk to transmit to the Registrar every information, complaint, deposition, statement, exhibit and recognisance relating to the offence together with a certified copy of the order of the Justice signed by him sending or sending forward such person for trial at latest within seven days from the making of such order. | |||||||||
(2) The Clerk to such Justice shall transmit to the Registrar a Schedule of Exhibits prepared in accordance with Rule 33 of the District Court Rules. | |||||||||
| Transfer of trials from ordinary Courts to Special Criminal Court | |||||||||
8. (1) Where a person charged with an offence has been sent forward by a Justice of the District Court for trial by the Central Criminal Court or the Circuit Court on such charge and the High Court makes an order for the transfer of the trial of such person on such charge to the Court the appropriate County Registrar shall transmit to the Registrar all documents and exhibits in his custody relating to the trial of such person on such charge together with the indictment (if any) which shall have been filed with him relating to such trial. | |||||||||
(2) In any such case the Chief State Solicitor shall file with the Registrar a certified copy of the order of the High Court within seven days of the making thereof. | |||||||||
| Indictments | |||||||||
9. (1) In cases of indictable offences the Chief State Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged and the provisions of the Criminal Justice (Administration) Act, 1924 , shall, with the necessary modifications, apply to every such indictment. | |||||||||
(2) In any such case the provisions as to indictments contained in the Criminal Justice (Administration) Act, 1924 , shall, with all necessary modifications, apply. | |||||||||
| Forms | |||||||||
10. (1) The forms set out in the Schedule to these Rules, or forms as near thereto as circumstances permit, shall be used in the cases to which such forms are applicable. | |||||||||
(2) The heading of all forms and notices and of indictments shall be as follows:— | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939. | |||||||||
and shall be entitled : The People at the suit of the Attorney-General v.__________ (defendant). | |||||||||
| Copy of indictment for accused person | |||||||||
11. Where, in the case of an indictable offence, | |||||||||
(a) a person is sent forward for trial by the Court by a Justice of the District Court, or | |||||||||
(b) where the High Court has under the Act transferred the trial of any person to the Court, or | |||||||||
(c) where a person is brought before the Court under section 47 of the act, | |||||||||
such person shall be entitled, on applying therefor to the Registrar, to receive from the Registrar a copy of the indictment free of charge. | |||||||||
| Copies of depositions for accused persons | |||||||||
12. Where, in the case of an indictable offence, | |||||||||
(a) a person is sent forward for trial by the Court, or | |||||||||
(b) the High Court has under the Act transferred the trial of any person to the Court or | |||||||||
(c) a person is brought before the Court under section 47 of the act, | |||||||||
such person shall be entitled on applying therefor to obtain from the Registrar copies of the depositions relating to the offences for which he is charged on payment of the sum of 4d. for every folio of 72 words, and at the rate of 2d. for every folio of 72 words in the case of additional copies, provided that on the application of such person the Court may in its discretion on the ground of lack of means where a person is charged with an offence involving sentence of death order that such copies shall be supplied by the Registrar free of charge. | |||||||||
| Summary of evidence | |||||||||
13. Where in the case of an offence triable summarily | |||||||||
(a) a person is sent for trial by the Court or | |||||||||
(b) a person is brought before the Court under section 47 of the act, | |||||||||
the Chief State Solicitor shall furnish to such person a list of the charges to be preferred against him together with a summary of the evidence to be given at his trial, and such summary shall not preclude the production of such further evidence as may be adduced by the prosecution at such trial ; but where any such person is also to be tried by the Court for an indictable offence and the facts constituting or the evidence in support of such indictable offence are the same as or are closely related to the offence for which such person is to be tried summarily it shall not be necessary to furnish to such person any summary of evidence unless the Court directs a summary of evidence to be furnished. | |||||||||
| Assignment of legal aid | |||||||||
14. Where a person is charged with an offence involving sentence of death the Court may in its discretion on the ground of lack of means assign to him such legal aid by way of Counsel and Solicitor including Senior Counsel as may appear to the Court to be required for his defence and thereafter the practice and procedure relating to assignments at the trial of a person on indictment at the Central Criminal Court shall apply. | |||||||||
| Production of accused person from custody | |||||||||
15. The Governor of the Prison in which a person sent, sent forward or transferred to the Court for trial, is detained, shall, on receipt of a body warrant (Form I) produce the said person on the day, at the place and at the hour set out in such warrant. | |||||||||
| Attendances of accused person on bail | |||||||||
16. (1) Where a person has been sent, sent forward or transferred for trial by the Court on bail and has been served with a Notice (Form II) as to the date, time and place of the sitting of the Court for his trial he shall surrender himself accordingly to such persons as the Court shall, from time to time, direct, and thereupon shall be searched by them, and shall be detained in custody or released on bail as the Court shall direct. | |||||||||
(2) The Notice referred to in the preceding sub-paragraph shall be served by a member of An Gárda Síochána and the service shall be personal service unless the Court shall otherwise direct. The proof of service of such Notice shall be given in the same manner as is provided by these Rules for proof or service of a witness summons. | |||||||||
(3) Where such person having been duly served with such Notice fails so to surrender himself for his trial as required by this Rule the Court may issue a warrant (Form III) for the apprehension of such person and his detention in prison pending his trial or until further order of the Court, and may estreat his recognisances where the same have been entered into under Section 43 (1) (f) or Section 48 (b) (v) of the Act. | |||||||||
| Procedure under Section 47 of the Act | |||||||||
17. (1) Where under section 47 of the act— | |||||||||
(a) the Attorney-General directs that a person intended to be charged with a scheduled offence, shall be brought before the Court and there charged with such offence, or | |||||||||
(b) the Attorney-General certifies that the ordinary Courts are in his opinion inadequate to secure the effective administration of justice and the preservation of public order in relation to the trial of a person whom it is intended to charge with an offence which is not a scheduled offence and the Attorney-General then directs that such person whom it is intended to charge with such offence shall be brought before the Court and there charged with such offence, | |||||||||
the Court may, on information or evidence relating to any such offence being given to or before it, order the issue of a warrant (in such variation of Form IV as is applicable) for the arrest of such person and the bringing of him in custody before the Court. | |||||||||
(2) Where a person has been arrested and brought in custody before the Court under section 47 of the act the Court may by warrant (Form V) commit him to prison to be there kept until his trial for the offence with which he is charged or admit him to bail in such recognisances and with such sureties as the Court shall direct, conditioned to surrender for his trial by the Court as the Court shall direct, and thereupon the provisions of Rules 15 and 16 shall apply mutatis mutandis. | |||||||||
| Committal pending adjournment of trial | |||||||||
18. Upon the adjournment by the Court of the trial of any person or the postponement of verdict or sentence the Court may by warrant (Form VI) order the detention of such person in custody pending and until the date of the adjourned hearing of such trial or such postponement. | |||||||||
| Attendance of witnesses | |||||||||
19. (1) Whenever it shall be made to appear to the Registrar that any person is able to give material evidence either for the prosecution or the defence on any trial the Registrar may issue a summons (Form VII) to such person requiring him to attend at a time and place mentioned in such summons to give evidence on such trial and to produce on such trial such accounts, papers or other documents as shall be in his possession or powers of procurement and as shall be deemed necessary by the Registrar; but whenever the Court shall be satisfied by evidence upon oath that it is probable that such person will not attend to give evidence without being compelled to do so, the Court may issue a warrant (Form VIII) to arrest such person and to bring him to give evidence on such trial and to produce such accounts, papers and documents as may be required. | |||||||||
(2) When a person to whom such a summons has been issued fails to comply with the requirements of such summons, then upon proof of service of the summons or on being satisfied on evidence on oath that such person is evading service thereof the Court may issue the like warrant as is provided for by the preceding sub-paragraph of this Rule. | |||||||||
| Service of witness summons | |||||||||
20. (1) The summons for a witness shall be served by a member of An Gárda Síochána and shall be served upon the person to whom it is directed by delivering to him a copy of such summons or by leaving such copy for him at his last or more usual place of abode or at his office or place of business with the husband, wife, child, parent, brother, sister or any other relation of such person or with his agent, clerk or servant, not being under the age of sixteen years, and such last mentioned service shall be deemed sufficient except where personal service shall be specially required by the Court. | |||||||||
(2) For the purposes of this Rule the expression "person" shall be deemed to include a corporation. | |||||||||
| Proof of service of witness summons | |||||||||
21. Proof of service of a summons on a witness may be given by statutory declaration (Form IX) of the person effecting the service, made before a person authorised by law to take and receive statutory declarations. Such declaration shall be endorsed upon the back of the original summons and shall be exempt from stamp duty. Provided always that the Court may require the person who has effected service of such summons to attend before the Court to give evidence touching such service. | |||||||||
| Procedure at trials | |||||||||
22. (1) The members of the Court will take their seats in order of seniority, the senior member present acting as President of the Court. | |||||||||
(2) The Court may direct that no witness shall remain in Court while the evidence of another witness is being given and may make provision for the separation of witnesses from each other. | |||||||||
(3) When an accused person is not defended he shall, at the close of the case for the prosecution be informed by the President of the Court that— | |||||||||
(a) he may give evidence in his defence on oath and would then be liable to be cross-examined and to be questioned by the Court, or | |||||||||
(b) he may make a statement not on oath and would then not be liable to be cross-examined or to be questioned by the Court, or | |||||||||
(c) he may make no statement. | |||||||||
An accused person shall also be informed that he may address the Court in his defence and may call witnesses in his defence. | |||||||||
| Official stenographer | |||||||||
23. (1) An official stenographer appointed for the purposes of the Act by the Minister for Justice shall sign the shorthand note taken by him of any trial or proceeding in the Court or of any part of such trial or proceeding and shall certify the same to be a complete and correct shorthand note thereof, and shall lodge the same with the Registrar. | |||||||||
(2) For the purposes of section 44 of the act the shorthand note of the official stenographer shall consist of the evidence and any objection taken in the course thereof, any statement made by the accused person and the sentence of the Court, but unless otherwise ordered by the Court shall not include any part of the speeches of Counsel or Solicitor. | |||||||||
| Recognisances | |||||||||
24. Every recognisance entered into before the Court shall be in accordance with the Form in the Schedule hereto (Form X) or in such similar form as the circumstances require. | |||||||||
| Duties of Registrar | |||||||||
25. (1) The Registrar shall keep custody of all documents transmitted to or received by him in his capacity as Registrar and all exhibits directed by the Court to be retained by him. | |||||||||
(2) The Registrar shall keep a register containing particulars of all cases for trial by the Court. | |||||||||
| Office of Registrar | |||||||||
26. The office of the Registrar shall be at Collins Barracks, Dublin, or such other place as shall be fixed by the Court | |||||||||
| Non-compliance with rules | |||||||||
27. Non-compliance with these Rules shall not invalidate any order of the Court nor any proceedings by or in the Court, and it shall be sufficient if the practice and procedure adopted on the trial by the Court of any person conform, so far as practicable, with the practice and procedure applicable to the trial of a person on indictment in the Central Criminal Court. | |||||||||
Form I. | |||||||||
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SCHEDULE OF FORMS. | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939. | |||||||||
BODY WARRANT. | |||||||||
(Title) | |||||||||
To the Governor of........................ Prison. | |||||||||
Send to .............................. in custody, the body of the said ................................ (defendant) committed on the ............... day of .............................. 19 ...... for trial by this Court on the ............... day of ........................... 19 ...... at ............ o'clock in the ............ noon. | |||||||||
By Order of the Court. | |||||||||
Dated this ............ day of ................................. 19 ...... | |||||||||
(Signed) ................................... | |||||||||
Registrar, | |||||||||
Special Criminal Court. | |||||||||
Form II. | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939. | |||||||||
NOTICE TO ACCUSED PERSON ON BAIL TO ATTEND FOR TRIAL. | |||||||||
(Title) | |||||||||
To the said .............................. (defendant). | |||||||||
Take notice that you are hereby required to attend for your trial at the sitting of the Court to be held at ........................... on the ............... day of ........................... 19 ......, at ......... o'clock in the ............ noon, and there to surrender yourself to such person as the Court shall direct. | |||||||||
By Order of the Court. | |||||||||
Dated this ............ day of ................................. 19 ...... | |||||||||
(Signed) .................................... | |||||||||
Registrar, | |||||||||
Special Criminal Court | |||||||||
Form III. | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939. | |||||||||
WARRANT FOR ARREST OF PERSON ON BAIL. | |||||||||
(Title) | |||||||||
To/ | |||||||||
An Gárda Síochána and the Governor of ..................... Prison. | |||||||||
Whereas Part V of the Offences Against the State Act, 1939 , is now in force by virtue of an Order made by the Government on the 22nd day of August, 1939; | |||||||||
And whereas a Special Criminal Court was established by an Order made by the Government on the 24th day of August, 1939. | |||||||||
And whereas the said ............................ (defendant) was sent (sent forward) (transferred) for trial by this Court on bail; | |||||||||
or | |||||||||
And whereas the said ................................. (defendant) was brought before this Court under Section 47 of the said Act and was admitted by the Court to bail pending trial. | |||||||||
And whereas due notice was served upon the said ..................... (defendant) of the date, time and place of his trial. | |||||||||
And whereas the said ................................. (defendant) has failed to surrender himself for his trial in accordance with the aforesaid notice. | |||||||||
This is therefore to command you to whom this Warrant is addressed forthwith to apprehend the said .............................. (defendant) and to bring him to the Governor of the said Prison and there deliver him with this Warrant into the custody of the said Governor and you the said Governor are hereby required to receive the said ................................. (defendant) into your custody in the said Prison and there safely to keep him until further order of this Court. | |||||||||
By Order of the Court. | |||||||||
Dated this ............ day of ................................. 19 ...... | |||||||||
(Signed) .................................... | |||||||||
Registrar, | |||||||||
Special Criminal Court. | |||||||||
Form IV. | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939. | |||||||||
WARRANT TO ARREST UNDER SECTION 47. | |||||||||
(Title) | |||||||||
To/ | |||||||||
An Gárda Síochána. | |||||||||
Whereas Part V of the Offences against the State Act, 1939 , is now in force by virtue of an Order made by the Government on the 22nd day of August, 1939; | |||||||||
And whereas a Special Criminal Court was established by an Order made by the Government on the 24th day of August, 1939; | |||||||||
And whereas it is intended to charge .................................... (defendant) with a scheduled offence and the Attorney-General has directed that the said .................................... (defendant) be brought before this Court to be charged with a scheduled offence in accordance with Section 47 of the above mentioned Act; | |||||||||
or | |||||||||
And whereas it is intended to charge.................................... (defendant) with an offence which is not a scheduled offence and the Attorney-General has certified that the ordinary courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of.................................... (defendant) on such charge and the Attorney-General has directed that the said........................... (defendant) be brought before this Court to be charged with an offence which is not a scheduled offence in accordance with Section 47 of the above mentioned Act; | |||||||||
This is, therefore, to command you, to whom this Warrant is addressed, to arrest the said.................................... (defendant) and to bring him before this Court to be charged with the said offence. | |||||||||
By order of the Court. | |||||||||
Dated the............day of....................... 19....... | |||||||||
(Signed) .......................................... | |||||||||
.......................................... | |||||||||
Registrar, | |||||||||
Special Criminal Court. | |||||||||
Form V. | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24TH DAY OF AUGUST, 1939. | |||||||||
COMMITTAL WARRANT UNDER SECTION 47. | |||||||||
(Title) | |||||||||
To/ | |||||||||
An Gárda Síochána, | |||||||||
and the Governor of.............................. Prison. | |||||||||
Whereas Part V of the Offences Against the State Act, 1939 , is now in force by virtue of an Order made by the Government on the 22nd day of August, 1939; | |||||||||
And whereas a Special Criminal Court was established by an Order made by the Government on the 24th day of August, 1939; | |||||||||
And whereas the said.................................... (defendant) by direction of the Attorney-General was brought before this Court in custody on the ..................day of.............................. 19......, and was thereupon charged with a scheduled offence in accordance with Section 47 of the above mentioned Act; | |||||||||
or | |||||||||
And whereas the Attorney-General having certified that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of .................................... (defendant), the said .................................... (defendant) by direction of the Attorney-General was brought before this Court in custody on the .................. day of .............................. 19......, and was thereupon charged with an offence which is not a scheduled offence in accordance with Section 47 of the above mentioned Act; | |||||||||
And whereas the trial of the said.................................... (defendant) for the said offence has been fixed for the .................. day of ................................. 19......, at ............ o'clock in the ............ noon at ....................................; | |||||||||
This is, therefore, to command you, to whom this warrant is addressed, to lodge the said .................................... (defendant) in .............................. Prison there to be detained by you the Governor the said Prison until his trial for the said offence, and he shall be discharged in due course of law. | |||||||||
By Order of the Court. | |||||||||
Dated the ............ day of .............................. 19....... | |||||||||
(Signed) .......................................... | |||||||||
Registrar, | |||||||||
Special Criminal Court. | |||||||||
FORM VI. | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24th DAY OF AUGUST, 1939. | |||||||||
COMMITTAL WARRANT PENDING ADJOURNMENT OF TRIAL. | |||||||||
(Title) | |||||||||
To/ | |||||||||
An Gárda Síochána and the Governor of ................. Prison. | |||||||||
Whereas Part V of the Offences Against the State Act, 1939 , is now in force by virtue of an Order made by the Government on the 22nd day of August, 1939; | |||||||||
And whereas a Special Criminal Court was established by an Order made by the Government on the 24th day of August, 1939. | |||||||||
And whereas the said .................... (defendant) was sent (sent forward) (transferred) (brought under Section 47 of the above-mentioned Act) for trial by this Court. | |||||||||
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This is therefore to command you to whom this Warrant is addressed to lodge the said ........................ (defendant) in ................... Prison there to be detained by you the Governor of the said Prison until the above time of ]adjournment of his trial] ]postponement of verdict and sentence] when you shall have him before this Court at the above place. | |||||||||
By Order of the Court. | |||||||||
Dated the ............ day of ................................. 19 ...... | |||||||||
(Signed) .................................... | |||||||||
Registrar, | |||||||||
Special Criminal Court. | |||||||||
Form VII. | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24th DAY OF AUGUST, 1939. | |||||||||
WITNESS SUMMONS. | |||||||||
(Title) | |||||||||
Whereas the said .................................... (defendant) will be tried for (a) certain offence(s) under the above-mentioned Act by this Court at ....................................... on the ............ day of .................................... 19 ......, at ............... o'clock in the ............... noon. | |||||||||
And whereas it has been made to appear to me that you are able to give material evidence on such trial. | |||||||||
This is therefore to command you to attend as a witness on the said trial before this Court at the time and place above-mentioned and so from day to day until the said trial shall be concluded. | |||||||||
And to bring with you and then and there produce ............... .......................................... | |||||||||
By Order of the Court. | |||||||||
Dated the ......... day of .................................19 ...... | |||||||||
(Signed) .................................... | |||||||||
Registrar, | |||||||||
Special Criminal Court. | |||||||||
To/ | |||||||||
.............................. | |||||||||
of | |||||||||
.............................. | |||||||||
Form VIII. | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24th DAY OF AUGUST, 1939. | |||||||||
WARRANT FOR ARREST OF WITNESS. | |||||||||
(Title) | |||||||||
To/ | |||||||||
An Gárda Síochána. | |||||||||
Whereas Part V of the Offences Against the State Act, 1939 , is now in force by virtue of an Order made by the Government on the 22nd day of August, 1939; | |||||||||
And whereas a Special Criminal Court was established by an Order made by the Government on the 24th day of August, 1939; | |||||||||
And whereas the said .............................. (defendant) will be tried for (a) certain offence(s) under the above-mentioned Act by this Court at .................................... on the ............... day of .................................... 19 ...... at ............... o'clock in the ...............noon. | |||||||||
And whereas this Court has been satisfied by evidence upon oath that X Y of .................................... is able to give material evidence on such trial but that it is probable that the said X Y will not attend to give evidence without being compelled to do so. | |||||||||
[And whereas a Witness Summons was duly served upon the said X Y but he has failed to comply with the requirements of such summons.] | |||||||||
[And whereas a Witness Summons was issued for the attendance before the Court of the said X Y and this Court is satisfied that the said X Y is evading service of the said Summons.] | |||||||||
This is therefore to command you to whom this Warrant is addressed to arrest the said X Y and to bring him before the Court at the time and place aforesaid to give evidence before this Court in the said trial. | |||||||||
By Order of the Court. | |||||||||
Dated the ............ day of .................................... 19 ...... | |||||||||
(Signed) .............................. | |||||||||
Registrar, | |||||||||
Special Criminal Court. | |||||||||
Form IX. | |||||||||
STATUTORY DECLARATION AS TO SERVICE OF SUMMONS OR NOTICE. | |||||||||
I ............................................................ ........................ do solemnly and sincerely declare that I duly served the within Summons (Notice) on the ............... day of .............................. 19 ......, by (state mode of service). | |||||||||
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act; 1938. | |||||||||
(Signed) .................................... | |||||||||
Declared before me by ................................................ who is personally known to be (or, who is identified to me by ............................................. who is personally known to me), at ............................................................ ........................... this ............... day of .........................., 19....... | |||||||||
........................ | |||||||||
........................ | |||||||||
Form X. | |||||||||
SPECIAL CRIMINAL COURT ESTABLISHED ON THE 24th DAY OF AUGUST, 1939. | |||||||||
RECOGNISANCE. | |||||||||
(Title) | |||||||||
Be it remembered that on the ............ day of ........................ 19 ....... | |||||||||
A.B., of .......................................... (address and description) | |||||||||
C.D., of .......................................... (address and description) | |||||||||
and | |||||||||
E.F., of .......................................... (address and description) personally came before this Court and severally acknowledged themselves to owe the People the several sums following, that is to say, the said A.B. the sum of .................., the said C.D. and E.F. the sum of .................. each, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of the Minister for Finance, if he the said A.B. fail in the condition endorsed. | |||||||||
Taken and acknowledged before the Court at ........................ the day and year first above mentioned. | |||||||||
| |||||||||
Registrar, | |||||||||
Special Criminal Court. | |||||||||
The condition of the within recognisance is if he the said A.B. shall ................................................ | |||||||||
Then this recognisance to be void, or else to stand in full force and effect. | |||||||||
