The Gazette 1994

GAZETTE

B O O K

R E V I E W S

AUGUST/SEPTEMBER

1994

District Court Practice and

Procedure in Criminal Cases

By James V. Woods, BL. Publisher:

James V. Woods, 1994, 790pp,

hardback, £69.

This book is undoubtedly a valuable

reference work for the legal

profession in the practice of criminal

law before the courts. It provides the

reader with an abundance of Statute

and case law as of the 1st June 1994

and had been carefully researched by

the author who has deservedly

acquired an admirable reputation in

this area.

The book is divided into five parts and

concludes with a most useful

Appendix which includes the Criminal

Justice Act, 1984 (Treatment of

Prisoners in Custody in Garda

Siochana Stations) Regulations 1987

and other useful Statutory

Instruments.

Part I - "Commencement of

Proceedings"

It begins with the origins of the

District Court and its officers

including the role of Peace

Commissioners and scrutiny of the

latter's powers by the Superior Courts.

The Jurisdiction of the District Court

is comprehensively covered both with

regard to the trial of summary and

indictable offences and also with

regard to the territorial constraints

applicable to its jurisdiction. One

cannot but comment upon the

apparent trend on the part of our

legislators to deny an accused the

option to avail of a trial by Judge and

Jury in respect of certain offences.

This trend has become obvious in that

certain recent Statute law creates a

number of offences which, under

repealed legislation, would have been

triable before a jury at the option of

the accused. The author, in the

Preface, makes the significant

comment "This makes the role of the

District Court Judge vital as he or she

may be the only person in a position

to safeguard this ancient right of an

accused by declining jurisdiction if

satisfied that the alleged offence is not

a minor offence fit to be tried

summarily." Perhaps it is time to

consider in appropriate cases, an

application on the part of an accused

to the District Court Judge to refuse

jurisdiction if circumstances suggest

that the particular accused should be

allowed to be tried by twelve of his

peers. A positive response to such an

application would help redress the

balance which currently rests in

favour of the Director of Public

Prosecutions with regard to access to a

judge and jury trial. The District Court

Rules, 1948 currently govern practice

and procedure. The author endeavours

to include in this book, where possible

a number of the proposed new rules.

There have been four drafts of these

rules prepared and submitted for

approval since 1973.

Chapter 3 of Part I deals with the

various powers of the Gardai to gather

evidence including fingerprinting,

photographing and measurement of

prisoners. There have been a number

of Superior Court decisions on the

important subject of the admissibility

of evidence obtained illegally or in

breach of one's constitutional rights.

This subject is addressed in this part

of the book including the Supreme

Court decision of Denham J in

DPP -

Gary Doyle

delivered in March

1994 which relates to the entitlement

of an accused to copies of statements

of evidence before trial.

Chapter 5 contains the law relating to

arrest and access rights to a solicitor

and/or a medical practitioner. Sections

4 to 10 of the Criminal Justice Act,

1984 are also referred to in detail.

As practitioners will be aware the case

of the

State (Clarke) -v- Roche and

Senezio

struck down a long

established summons procedure

resulting in the enactment of the

Courts (No. 3) Act, 1986.

Chapter 6 contains a full statement of

the position with regard to the issue of

summonses as a result of this

judgment.

Part II - "Hearing of Proceedings"

This deals with the conduct of

proceedings generally, including

fairness of procedures and such issues

as fitness to plead.

The order of "adjourn generally with

liberty to re-enter" is given official

recognition by proposed new rule

(0.2).

The right to bail is incorporated in this

section and

O'Callaghan's

case is

extensively covered.

The amendment of summonses and

charge sheets is elucidated in the 1977

Supreme Court Decision of

Duggan -

Evans

and the author addresses the

issues involved in some detail.

The competence and compellability of

witnesses is also addressed including

many references to the Criminal

Evidence Act, 1992. There is a section

on the right of certain witnesses to

claim privilege and the case of

Re:

Kevin O'Kelly

(1974) 108 ILTR 97 is

referred to.

This part of the book also contains a

chapter on evidence and its

admissibility, the burden of proof and

defences generally. Under the heading

"The Decision" of the court there is an

interesting proposed new District

Court Rule which will allow a District

Court Judge to award the costs and

witnesses expenses of an adjournment

to an aggrieved party. The interesting

aspect of this rule is that neither the

Director of Public Prosecutions nor a

garda acting in his or her official

capacity will be immune from such an

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