The Gazette 1985

GAZETTE

JANUARY / FEBRUARY 1985

Criminal Justice Act 1984

Gerard F. Griffin, Solicitor

ROM the lst March 1985, certain sections of the

Criminal Justice Act 1984 came into operation.

Sections 1-3, 7, 11-14, 17, and 20-32

took effect as and

from the lst March 1985.

The Sections dealing with detention after arrest, with-

holding information and inferences from an accused's

failure to account for certain matters will not come into

force until the Minister has established the Garda

Complaints Tribunal.

Notes on the more important Sections are set out

below.

Section 11

is an important new Section. Any sentence

imposed for an offence committed while on bail must be

consecutive on any sentence passed for a previous

offence. Where two or more consecutive sentences are

passed by the District Court, the total term of

imprisonment in respect of those consecutive sentences

shall not exceed two years.

Section 12

provides that where two or more sentences

passed in the District Court are ordered to run

consecutively, the total term of imprisonment shall not

exceed two years. In this Section, imprisonment shall

include detention in St. Patrick's Institution.

Section 13

creates the separate offence of failure to

surrender to bail. The penalty for failure to surrender to

bail is a fine not exceeding £1,000 or imprisonment for a

term not exceeding twelve months or both. An offence

under this Section shall be treated as an offence

committed while on bail as in Section 11 and therefore

carries a total term of imprisonment not exceeding two

years.

Section 14

substantially increases the penalties for

certain firearms offences as follows:

(a) For possession of firearms or ammunition with

intent to endanger life or cause serious injury to

property (from a maximum period of 14 years

imprisonment to imprisonment for life).

(b) For possession of a firearm while taking a vehicle

without authority (from a term of imprisonment

from 7 years to 14 years).

escape (from a term of imprisonment not exceeding

14 years to imprisonment for life).

(d) For possession of a firearm or ammunition in

suspicious circumstances (a maximum term of

imprisonment of five years to ten years).

(e) For carrying a firearm with criminal intent (from a

maximum term of imprisonment from 10 years to

13 years).

Section 17

amends the provisions of Section 4(1) of the

Criminal Justice Act 1951 and Section 13 (3a) of the

Criminal Procedure Act 1967 by providing for a

maximum fine of £1,000 for certain indictable offences in

substitution for the former maximum fine of £100.

Section 20

provides that on a Trial on indictment the

accused may not, without leave of the Court, put forward

evidence of an alibi unless notice of particulars of the alibi

have been given beforehand to the prosecution.

A notice under this Section may be given by the accused

or his Solicitor and may be given in the District Court

when the accused is being returned for Trial or within a

period of fourteen days from the date of the return for

Trial.

The Notice to be served on the prosecution must give

the names and addresses of any alibi witnesses that the

accused will be relying on or if such names or addresses

are not available, such information as will assist the

prosecution to locate these witnesses.

Section 21

provides that in Criminal proceedings

written statements will be admissible in evidence in the

same way as oral evidence if certain conditions are

satisfied, the principle condition being that none of the

parties or their Solicitors object to a Statement being

tendered in evidence within twenty-one days of being

served with a copy of it. The Section also makes it an

offence for a person to include in such written statement

anything he knew to be false or did not believe to be true.

Section 22

provides for the proof by formal admission

of any fact of which oral evidence may be given in any

criminal proceedings and the admission by any party of

any such fact under this section shall as against that party

be conclusive evidence of the fact admitted. An admission

made under this Section may be made before or at the

hearing of the action but if made otherwise than in Court

it shall be in writing.

Section 23

abolishes the right of an accused to make an

unsworn statement to the Court without being liable to be

cross-examined. This Section provides that the accused, if

giving evidence, must do so on Oath and be liable for

cross-examination like any other witness. However, if an

accused is not represented by a Solicitor or Counsel he

may make an unsworn statement on any matter on which

a Solicitor or Counsel could make a statement on his

behalf.

Section 24

alters the order of closing speeches of

Criminal Trials before a Judge and Jury, and provides

that the prosecution shall have the right to a closing

speech in all cases except where an accused is not

represented by a Solicitor or Counsel and does not call

any witness. The Defence shall have the right to a closing

speech in all cases and the closing speech for the Defence

shall be made after that of the prosecution.

Section 25

provides that the verdict of a Jury in

Criminal proceedings need not be unanimous and may be

a majority of ten subject to the following conditions: