| OFFENCES AGAINST THE STATE ACT, 1939 (No. 13 of 1939) SPECIAL CRIMINAL COURT RULES, 1972 |
| WHEREAS it is enacted by section 38 (1) of the Offences against the State Act, 1939 (No. 13 of 1939) (hereinafter referred to as the Act) that as soon as may be after the coming into force of Part V of the Act, there shall be established for the purposes of that Part of the Act a Court which shall be styled and known, and is in the Act referred to, as a Special Criminal Court ; |
| AND WHEREAS by a Proclamation dated the 26th day of May, 1972, the Government ordered that Part V of the Act should come into force ; |
| AND WHEREAS a Special Criminal Court was established on the 30th day of May, 1972 ; |
| AND WHEREAS it is enacted by section 41 (1) of the Act that every Special Criminal Court shall have power, 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 particualr 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 the 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 30th day of May, 1972, in pursuance of the power vested in it hereby makes, with the concurrence of the Minister for Justice, the following Rules :— |
| Dated the 9th day of June, 1972. |
| (Signed) |
FRANK GRIFFIN Judge of the High Court  Members of the Special Criminal Court. J. C. CONROY Judge of the Circuit Court CATHAL O'FLOINN President of the District Court |
| I concur in the making of these Rules. |
| Dated the 9th day of June, 1972. |
| DESMOND O'MALLEY, |
| Minister for Justice |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT RULES, 1972 1. These Rules shall come into operation on the 12th day of June, 1972, and may be cited as the Special Criminal Court Rules, 1972. 2. The Interpretation Act, 1937, shall apply to these Rules. |
| INTERPRETATION. 3. In these Rules |
| " the Act " means the Offences against the State Act, 1939, (No. 13 of 1939) ; |
| " the Court " means the Special Criminal Court established by Instrument made by the Government on the 30th day of May, 1972 ; |
| the word " exhibits " includes all books, papers, and documents, and all other property, matters and things whatsoever connected with the proceedings against any person if the same have been transmitted to the Court or have been produced and used in evidence during such proceedings or on any application made to the Court in reference to any such proceedings or intended proceedings and any written statement handed into Court by such person but does not include the statement of the evidence that is to be given by each of the witnesses, or the original deposition of any witness examined before the Justice of the District Court or any indictment against any such person ; |
| the word " person " includes a corporation ; |
| the expression " the Registrar " means the Registrar of the Court ; |
| the expression " Official Stenographer " means the person appointed to attend the trial, and where necessary, to make a report. |
| SITTINGS OF THE COURT 4. Sittings of the Court shall be held at such places and at such times as may be decided by the Court. 5. 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 for such person. 6. The members of the Court will take their seats in order of seniority, the senior member present acting as President of the Court. 7. (1) The Court shall be an open Court to which the public generally shall have access so far as the same can conveniently contain them, and subject to such conditions as the Court may from time to time impose. |
| (2) Where the Court is satisfied, because of the nature or the circumstances of the case or otherwise, in the interests of justice that it is desirable, the Court may exclude the public or any particular person or persons except bona fide representatives of the Press from the Court during the hearing. |
| (3) The Court may permit a witness to give his name in writing to the members of the Court. The Court may further direct that such name, or the evidence or part of the evidence of any witness should not be published. 8. 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. |
| INDICTABLE CASES OTHER THAN CASES BROUGHT UNDER SECTION 47 9. (1) Where a person charged with an indictable offence has been sent forward by a Justice of the District Court for trial to the Central Criminal Court or to 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, within seven days of the making thereof, 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. 10. (1) In the case of an indictable offence the Chief State Solicitor shall file with the Registrar an indictment containing the charges to be preferred against the person charged. |
| (2) The provisions of the Criminal Justice Administration Act, 1924, and section 18 of the Criminal Procedure Act, 1967, shall, with necessary modifications, apply to every such indictment. 11. (1) Where, in the case of an indictable offence, |
| (a) a person is sent forward to the Court for trial by a Justice of the District Court, or |
| (b) the High Court has under the Act transferred the trial of any person to the Court, |
| such person shall be entitled, on applying therefor to the Registrar, to receive from the Registrar free of charge |
| (i) a copy of the indictment, and |
| (ii) copies of the depositions (if any) relating to the offences with which he is charged. 12. In the case of an indictable offence, where a person has been sent forward to the Court for trial the Attorney General shall cause to be served on him a list of any further witnesses whom he proposes to call at the trial, with a statement of the evidence that is to be given by each of them, a list of any further exhibits, a statement of any further evidence that is to be given by any witness whose name appears on the list of witnesses already supplied, and copies of any statement recorded, or any deposition taken under section 7 of the Criminal Procedure Act, 1967, and any deposition taken under section 14 of the said Act. 13. Where a person charged with an indictable offence is sent or sent forward by a Justice of the District Court to the Court for trial the Clerk for the Court area where such Order was made shall, within seven days of the making of the Order, transmit to the Registrar such of the following documents as are relevent to the case :— |
| (a) a statement of the charges upon which the accused was sent or sent forward for trial, |
| (b) any sworn information in writing upon which the proceedings were initiated, |
| (c) a list of the witnesses whom it is proposed to call at the trial, |
| (d) a statement of the evidence that is to be given by each witness, |
| (e) a list of exhibits (if any), |
| (f) any deposition or statement taken before any Justice or Peace Commissioner in relation to the charge in respect of which such Order was made, |
| (g) any exhibit put in evidence and handed in to Court, |
| (h) the Order of the Justice sending the accused to the Court for trial or sending the accused forward for trial, |
| (i) the witness order made by the Justice, |
| (j) any recognisance taken by the Justice in relation to the case. |
| SUMMARY CASES OTHER THAN SECTION 47 CASES 14. Where a person is brought before a Justice of the District Court charged with an offence which such Justice had jurisdiction to dispose of summarily, and such Justice has sent such person to the Court for trial, the following provisions shall apply— |
| (a) The Chief State Solicitor, within seven days of the making of such Order by the District Justice, shall furnish to such person a list of the charges to be preferred against him with a summary of the evidence to be given at his trial. Such summary shall not preclude the production of such further evidence as may be adduced by the prosecution at the trial. |
| (b) The Clerk of the Court Area where such Order was made, within seven days of the making of the Order, shall transmit to the Registrar |
| (i) a statement of the charges upon which such person was sent for trial, |
| (ii) the Order of the District Justice sending such person to the Court for trial, |
| (iii) any recognisance taken by the Justice in the case, |
| (iv) any exhibit handed in to the District Court, |
| (v) any sworn information in writing upon which the proceedings were initiated. |
| CASES UNDER SECTION 47 OF THE ACT 15. (1) Where a person is brought before the Court under section 47 of the Act and charged with an indictable offence, the Chief State Solicitor shall furnish to such person |
| (a) a list of the charges to be preferred against him, |
| (b) a list of the witnesses to be called, |
| (c) a statement of the evidence that is to be given by each of them, and |
| (d) a list of the exhibits (if any). |
| (2) Copies of the documents referred to in the preceding sub-paragraph shall also be furnished to the Court. |
| (3) The accused person shall have the right to inspect all exhibits. |
| (4) Where on the trial of such a person the Attorney General proposes to call further witnesses, or to adduce further evidence from a witness on the list of witnesses already supplied, he shall furnish such person with |
| (a) a list of further witnesses with a statement of evidence from each, |
| (b) a statement of any further evidence from a witness whose name appears on the list of witnesses already supplied. |
| In either case he shall furnish a list of any further exhibits that are to be produced. 16.(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 the 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 peace and 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 such offence being given before it, order the issue of a Summons (Form XI or such similar form as the circumstances may require) ordering that such person shall attend before the Court to be tried for such offence at such time and place as the Court shall direct. |
| (2) The Court may order the issue of a warrant (in such variation of Form V as is applicable) for the arrest of such person and the bringing of him in custody to the Court. Nothing in these Rules shall be construed to prohibit the Court from ordering the issue of a warrant whether or not a Summons has already been issued. |
| (3) Where under section 47 of the Act, a person has been brought before the Court either in custody or in answer to a Summons, the Court may by Warrant (Form V) commit him to prison or to military custody as the case may be 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 17 and 18 shall apply mutatis mutandis. |
| (4) Where a person is brought before the Court under section 47 of the Act by Summons under these Rules, the Chief State Solicitor shall furnish to such person a summary of the evidence to be given at his trial. |
| ATTENDANCE AT COURT 17. The Governor of the Prison or other place in which a person sent, sent forward or transferred to the Court for trial, is detained, shall, on receipt of a body warrant (Form 1) produce the said person on the day, at the place and at the hour set out in such warrant. 18. (1) Where a person has been sent, sent forward or transferred to the Court for trial, and is 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) 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 (v) of the Act. 19. 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. 20. (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 on 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) Where a person to whom such 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 subparagraph of this Rule. |
| MODE OF THE SERVICE OF DOCUMENTS 21. (1) Service of the Notice referred to in Rules 5 and 18 of these Rules may be effected either by serving the same upon the accused person personally, or by sending the same by prepaid ordinary post addressed to the person to be served at his last or usual place of abode,or to his solicitor, and thereupon it shall be deemed to have been served at the time at which it would have been delivered in the ordinary course of post. |
| (2) In the case of a Summons issued pursuant to Rule 16, or a witness summons issued under Rule 20, either such summons shall be served by a member of the Garda Siochána |
| (a) by delivering to the person to be served a copy of such summons or by leaving such copy for him at his usual or last place of abode or at his office or place of business with the husband, wife, child, parent, brother, sister, or 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 ; |
| (b) where the person to be charged is a body corporate, by leaving a copy of such summons at, or sending such copy by prepaid ordinary post to, the registered office of the body corporate within the State or any other office or place within the State at which such body corporate trades or carries on business, or by such other form of substituted service as the Court may direct. 22. 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 had effected the service of such summons to attend before the Court to give evidence touching such service. |
| MISCELLANEOUS 23. 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 crossexamined 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 crossexamined 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. 24. (1) An official stenographer appointed for tile purpose 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 purpose 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 the Court shall not include any part of the speeches of Counsel or solicitor. 25. 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. 26. (1) The Office of the Registrar shall be at Green Street Courthouse or such other place as shall be fixed by the Court from time to time. |
| (2) 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. |
| (3) The Registrar shall keep a register containing particulars of all cases for trial by the Court. 27. 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 or sentence as it shall think fit. 28. The Court may grant certificates for free legal aid under the Criminal Justice (Legal Aid) Act, 1962, (No. 12 of 1962) and the Regulations made thereunder, as if the Court were the Central Criminal Court, and as if the person sent, sent forward or transferred to the Court for trial, or brought and charged before the Court, had been returned to the Central Criminal Court for trial. |
| SCHEDULE OF FORMS |
| Form I |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT |
| BODY WARRANT |
| (Title) |
| To the Governor of...................................................... |
| 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 |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT |
| NOTICE TO ACCUSED PERSON 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 |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT |
| WARRANT FOR ARREST OF PERSON ON BAIL |
| (Title) |
| To/ |
| The Superintendent, Garda Síochána at............................................and the Governor of..........................Prison. |
| Whereas Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made by the Government on the 26th day of May, 1972 ; |
| And whereas a Special Criminal Court was established by an Instrument made by the Government on the 30th day of May, 1972 ; |
| 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 |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT |
| WARRANT TO ARREST UNDER SECTION 47 |
| (Title) |
| To |
| The Superintendent, Garda Síochána at - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| Whereas Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made by the Government on the 26th day of May, 1972 ; |
| And whereas a Special Criminal Court was established by an Instrument made by the Government on the 30th day of May, 1972 ; |
| 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 |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT |
| COMMITTAL WARRANT (CASES UNDER SECTION 47) |
| (Title) |
| To/ |
| The Superintendent, Garda Síochána at.........................................and the Governor of...............................Prison. |
| Whereas Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made by the Government on the 26th day of May, 1972 ; |
| And whereas a Special Criminal Court was established by an Instrument made by the Government on the 30th day of May, 1972 ; |
| 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 ; |
| orAnd 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 on such a charge), 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 of 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 |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT |
| COMMITTAL WARRANT PENDING ADJOURNMENT OF TRIAL |
| (Title) |
| To/ |
| The Superintendent, Garda Síochána at..............................and the Governor of......................... |
| Whereas Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made by the Government on the 26th day of May, 1972 ; |
| And whereas a Special Criminal Court was established by an Instrument made by the Government on the 30th day of May, 1972 ; |
| And whereas the said........................(defendant) was sent (sent forward) (transferred) (brought under section 47 of the above-mentioned Act) for trial by this Court ; |
| And whereas the trial by this Court of the said..................(defendant) was begun on the............day of................. 19...., and has not concluded and has been adjourned until the............day of.............................. 19... at .......... o'clock in the ........noon at.......... ; |
| or |
| And whereas the trial of the said.........................(defendant) was begun on the............day of................ 19.., and has concluded but verdict and/or sentence have been postponed until 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.........................there to be detained by you the Governor of the said place until the above time of (adjournment of his trial) (postponement of verdict and/or 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 |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT |
| 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 |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT |
| WARRANT FOR ARREST OF WITNESS |
| To/ |
| The Superintendent, Garda Síochána at............................................................ .................................................... |
| Whereas Part V of the Offences against the State Act, 1939, is now in force by virtue of a Proclamation made by the Government on the 26th day of May, 1972 ; |
| And whereas a Special Criminal Court was established by an Instrument made by the Government on the 30th day of May, 1972 ; |
| 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. out 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 me (or, who is identified to me by ............................... who is personally known to me), at ......................................................... this............day of.......................... 19.... |
| ....................................................... |
| ....................................................... |
| Form X |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT |
| 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. |
(Signed)  ................................................... .................................................... .................................................... .................................................... |
| 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. |
| Form XI |
| OFFENCES AGAINST THE STATE ACT, 1939 |
| SPECIAL CRIMINAL COURT |
| (Title) |
| To the said............................................................ ............................................................ .......................(defendant) |
| WHEREAS it appears to the Court, upon information (evidence) that you are a person intended to be charged with the following offence |
| (being a scheduled offence under the Offences against the State Act, 1939, and that the Attorney General has directed that you shall be brought before this Court and charged with such offence) (being an offence which is not a scheduled offence under the Offences against the State Act, 1939, but in respect of which offence 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 your trial on the charge of the said offence and has directed that you shall be brought before this Court and charged with such offence) |
| you are hereby ordered to appear before this Court at .......................................... on the ............day of........................ 19.... at......o'clock a.m. to be charged with and tried (summarily) (on indictment) for the said offence. |
| By Order of the Court. |
| (Signed)......................................................... |
| Registrar |
| Special Criminal Court |
| EXPLANATORY NOTE |
| These Rules regulate practice and procedure in the Special Criminal Court established by the Government on the 30th May, 1972, under the Offences against the State Act, 1939. |