305 / 338
I959> it states that all existing Judges and Justices
shall have priority in being appointed to the new
Courts.
Excluding
the Chief Justice and
the
presidents of the High Court, the Circuit Court and
District Court, this Bill limits ordinary Supreme
Court Judges to four, and ordinary High Court
Judges to six, ordinary Judges of the Circuit Court
to eight, and District Court Justices to thirty four.
Many of the provisions of the Courts of Justice
Acts have been re-enacted, such as the qualifications
for appointment as a judge, emoluments, retiring age,
pension rights, jurisdiction, etc. As
regards
the
jurisdiction of the Circuit Court, no less than 71
different kinds of proceedings are listed in the Fourth
Schedule, and the Fifth Schedule lists 29 old British
Statutes which are still effective in that Court. The
jurisdiction of the Cork Circuit Judge in Admiralty
and Bankruptcy matters is fully set out. Henceforth
a trial may not generally be transferred from the
Circuit Criminal Court to the Central Criminal Court
unless seven days notice is given either by the accused
or by the Attorney-General. The President of the
District Court may inquire into the conduct of a
Justice if he consider it prejudicial to the prompt and
efficient discharge of the business of the Court.
Justices shall be compelled to attend twice yearly
meetings summoned by the President of the District
Court to discuss matters relating to the discharge of
business. The continuity of the administration and
enforcement of justice shall not be interrupted by the
coming into operation of these Acts. The Courts
(Supplemental Provisions) Bill 1959 contains 56
Sections, and no less than 8 Schedules ;
it is accom
panied by an explanatory memorandum which sets
out in detail the particular sections of the Court of
Justice Acts which have been repealed ;
it is hoped
to introduce in due course a comprehensive Courts
(Consolidation) Bill which will embody all sections
of the Courts of Justice Acts in existence at its
enactment. The Courts (Supplemental Provisions)
Bill
1959—together with
explanatory memo
randum—may be obtained from the Government
Publications Sale Office, Henry Street Arcade,
Dublin, for 3/6 (or 3/10 including postage).
DECISIONS OF PROFESSIONAL
INTEREST
Customs offences may in certain cases be tried by a Judge
and a Jury, but this particular case being a minor one, can
be tried summarily by a District Justice.
The Supreme Court in a reserved judgment
yesterday found for the Revenue Commissioners in
an important appeal from Mr. Justice McLoughlin
affecting the rights of people charged with dealing
in smuggled goods as to their mode of trial.
While holding that the charges concerned did not
constitute a criminal offence, they gave a majority
decision that the offences were minor ones which
could be tried by a District Justice.
The Supreme Court decisions affects a number of
charges pending against defendants in the district
courts for dealing in butter, the import of which had
been prohibited, and which had been adjourned
pending the Supreme Court ruling.
The appeal had been brought by Peter Melling,
commercial
traveller, Putland Road, Bray, Co.
Wicklow, against the dismissal by the High Court of
his action seeking a declaration that charges brought
against him under the Customs Consolidation Act,
1876, of dealing in a quantity of butter, the import of
which had been prohibited, were not minor offences
but criminal charges entitling him to be tried by a
jury. The appeal had been at hearing in the Supreme
Court for 17 days.
All five judges held against the contention of the
Attorney-General, and Joseph O'Mahony, an officer
of Customs and Excise, that the charges did not
constitute a criminal offence but by a majority
decision (Maguire C. J., Lavery and Martin Maguire
JJ.—Kingsmill Moore and O Dalaigh JJ. dissenting)
they found that the offence charged was a minor one
—as provided for in the Constitution—which could
be tried summarily by a district justice.
The charges against Mr. Melling
related to
knowingly dealing in approximately z| tons of
butter, the importation of which was prohibited on
various dates in 1957. The questions involved in the
appeal were stated to be of very high constitutional
importance and it was also stated that there was a
back-log of other cases awaiting the decision of the
Supreme Court.
In view of the importance of the issues, and the
fact that Mr. Melling had succeeded in establishing
that customs offences involved criminal charges, the
Court directed that he be required to pay the
Attorney-General's costs of the hearing in respect of
five days only.
Mr. Justice Lavery, in his judgment, with which
the Chief Justice and Mr. Justice Martin Maguire,
agreed, stated that notwithstanding his decision that
the offences charged against Mr. Melling were triable
summarily, there were cases—depending on the
election by the Revenue authorities as to penalty—
in which a district justice could decide that the case
was one proper to be tried by a jury.
Melling
v.
O'Mahony—unreported—Judgment of
the Supreme Court on 8th February, 1961—
Irish
Independent,
9th February, 1961.