The Gazette 1973

Courts Organisation

Twelfth Interim Report of the Committee on Court

Practice and Procedure dealing with Court Organisa-

tion. Appointed in April 1962. Report issued in July

1973. 17Jp.

Very briefly here are some of the principal recom-

mendations of this Committee.

(1) The Dublin Metropolitan District should be ex-

tended to include

all

of the City and County of Dublin

with the exception of the electoral district of Rath-

michael (Bray).

(2) The following places in the new district should

be appointed for the transaction of business, namely

Central Dublin Courts, Dunlaoghaire. Balbriggan,

Swords and Kilmainham.

The business should be transacted as follows.

At Balbriggan—the same as at present.

At Swords—summary business only.

At Kilmainham—summary business only.

At Dunlaoghaire—summary business only including

complaints by way of summons of Dunlaoghaire

Corporation.

Juvenile business except as at present transacted at

Balbriggan should be transacted at the Central Dublin

Court.

All persons arrested in the extended districts should

be brought before the custody Court of the Central

Dublin Court whether on bail or on custody.

(3) Courthouse accommodation should be improved.

The proposals include :

(a) To erect a multi-storey Court building with ade-

quate office accommodation and lift service on the site

now occupied by the Bridewell Garda Station and the

three Court rooms in Chancery Street. It is estimated

that a minimum of twelve Court rooms would be

required by the District Court—on the lines of the

Sheriff Court Building in Edinburgh.

(4) Outside Dublin the report recommends the Dis-

trict Courts to be divided into five divisions somewhat

similar to the present Circuits (Northern, Western,

Southern, Eastern).

(5) Forty District Court venues outside Dublin Metro-

politan District should be abolished and one new venue

established (at Kinnegad, Go. Westmeath). This would

leave a total of 219 District Courthouses, as against

258 at present.

Generally it is recommended that summary business

be transacted at all these venues while civil business

be transacted only at principal venues in major towns,

etc. Justices should not reside in their Circuits; and

should henceforth be called "Judges of the District

Court".

(6) Annual licensing : All licences dealt with by the

District Court should expire at the end of June each

year and annual licencing business should be heard in

the month of June. Intoxicating liquor licences should

be renewed by the Revenue Commissioners without the

necessity for a Court certificate except where there are

objections.

(7) With regard to the Dublin Circuit Court the

committee recommend at least four judges to be assigned

full time to the Dublin Circuit. They further recom-

mend the availability of five courtrooms at least, two

for criminal trials.

(8) Circuit Court venues should be reduced by eigh-

teen leaving forty-two venues including the establish-

ment of a new venue (at Tuam, Co. Galway). There

should only be four circuits (Northern, Western, South-

ern and Eastern), say the majority, for civil cases, and

criminal trials should be dealt with by two separate

Judges.

(9) There should be twelve Circuit Court Judges (at

present there are eleven).

(10) Criminal trials should be held only in larger

centres where there is a large pool of jurors available.

Circuit, Criminal and High Court (on circuit) civil

trials should be held at fourteen principal venues.

Transfer of trials outside Dublin should henceforth be

made to the Dublin Circuit Court.

(11) The County Registrars should be given greater

jurisdiction to deal with non-contentious applications

for example payment out of funds in Court.

(12) The judicial year should be slightly extended

into ihirty-nine weeks and divided into three sittings

of approximately equal duration of thirteen weeks each.

Hours of sittings of the High Court and the Circuit

Court should be extended by one half an hour by com-

mencing sittings at 10.30 a.m.

(13) The committee noted the acquisition of the

Incorporated Law Society of King's Hospital and re-

commended the purchase of the Solicitors' Buildings at

present occupied by the Society for the purpose of

extending the Circuit Court accommodation. The Lib-

rary should be a Judge's library.

(14) The circuit of the High Court on Circuit should

be the same as the Circuit Court and the High Court

should only sit in fourteen venues.

Seventeenth Interim Report of the Committee on Court

Practice and Procedure dealing with Court fees. 9p.

(1) The basic recommendation in this report is that

the administration of justice is a necessary State ser-

vice for citizens and it is one which should be available

to all citizens without payment of Court fees.

(2) If it is decided to continue with the imposition of

Court fees the amount of same should be determined so

that the receipts therefrom should not exceed two-

thirds of the costs of administration of justice. In deter-

mining the cost of the administration of justice no

account should be taken of salaries, pensions, and

travelling expenses of judges, charges for public works

or buildings or rates on Government property. On the

basis of this calculation present receipts represent 57

per cent of the cost of administration of justice.

(3) With regard to High Court fees it is recommended

that no fees should be payable on notices of motion

affidavits, subpoenas or Court orders and that fees

should be payable only on :

(a) the originating document;

(b) the defence;

(d) the taxation of costs.

(4) The attested copy system in the High Court

should be reviewed. So too should the system of charg-

ing for copying documents on a per folio basis to be

replaced on a per sheet basis. Certainly for photographic

and typed copies these should be based on a per page

basis.

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