Courts Act, 1964

JurisdictionIreland
CitationIR No. 11/1964
Year1964


Number 11 of 1964.


COURTS ACT, 1964


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Number of ordinary judges of Circuit Court.

3.

Alteration of circuits.

4.

Assignment of judge to circuit in certain circumstances.

5.

Vacations of justices of District Court.

6.

Transfer of trials in criminal cases by judges of Circuit Court.

7.

Service of court documents by post.

8.

Short title, collective citation and construction.


Acts Referred to

Courts (Supplemental Provisions) Act, 1961

1961, No. 39.

Courts of Justice Act, 1947

1947, No. 20.

Courts of Justice Act, 1924

1924, No. 10.

Finance Act, 1963

1963, No. 23.

Court Officers Act, 1926

1926, No. 27.


Number 11 of 1964.


COURTS ACT, 1964


AN ACT TO AMEND AND EXTEND THE COURTS (SUPPLEMENTAL PROVISIONS) ACTS, 1961 AND 1962. [24th June, 1964.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—In this Act—

“the Act of 1961” means the Courts (Supplemental Provisions) Act, 1961 ;

“the Minister” means the Minister for Justice.

Number of ordinary judges of Circuit Court.

2.—(1) The number of ordinary judges of the Circuit Court shall not be more than nine.

(2) Section 16 of the Act of 1961 is hereby repealed.

Alteration of circuits.

3.—(1) The Government may from time to time, if they so think fit, by order—

(a) alter the composition of a circuit (other than the Dublin Circuit and the Cork Circuit) by adding to or removing from the circuit a county or counties or a county borough or county boroughs or a county or counties and a county borough or county boroughs, and

(b) where appropriate, attach to the circuit a name by which the circuit shall be known in substitution for its existing name.

(2) Before making an order under this section the Government, acting through the Minister, shall consult with the President of the Circuit Court and the judges of the Circuit Court (if any) permanently assigned to the circuits to which the order will relate.

(3) (a) An order under this section may make provision for the continuation and completion of any business transacted in a circuit to which the order relates which is initiated before the commencement of the order and is not completed before such commencement.

(b) For the purposes of this subsection, business transacted in the Circuit Court shall be regarded as being initiated on the day on which the civil bill or other originating document relating to it is issued.

Assignment of judge to circuit in certain circumstances.

4.—(1) Notwithstanding paragraph (a) of subsection (2) of section 20 of the Act of 1961, where, at any time when there are two judges permanently assigned to the Dublin Circuit and there is a judge permanently assigned to each other circuit and there is no judge who is not permanently assigned to a circuit, a judge is appointed, such judge may be permanently assigned to any circuit by the Government in place of a judge who ceases to be permanently assigned to that circuit and, pending such assignment, may from time to time be temporarily assigned to any circuit by the President of the Circuit Court.

(2) Where a judge is permanently assigned to a circuit, the Government, at his request, may, if they so think fit, terminate his permanent assignment to that circuit and the judge may at any time thereafter be permanently assigned to any circuit by the Government and, pending such assignment, may from time to time be temporarily assigned to any circuit by the President of the Circuit Court but at any time there shall not be more than one judge who is not permanently assigned to a circuit.

(3) Where a judge is temporarily assigned, under subsection (1) or (2) of this section, to a circuit, then such judge shall, while so temporarily assigned, have, in relation to such circuit and concurrently with any judge permanently assigned thereto and any judge who is temporarily assigned, under section 10 of the Courts of Justice Act, 1947 , as applied by section 48 of the Act of 1961 to such circuit, all the privileges, powers and duties for the time being conferred or imposed by law on a judge permanently assigned to such circuit.

(4) In this section “judge” means judge of the Circuit Court.

Vacations of justices of District Court.

5.—The times at which justices of the District Court may take vacations shall be such times as may be approved of by the Minister.

Transfer of trials in criminal cases by judges of Circuit Court.

6.—(1) Subject to subsections (2) and (3) of this section, where a person (in this section referred to as an accused) charged with an indictable offence is sent forward for trial to the Circuit Court, an application by the Attorney General or the accused to the judge of the Circuit Court before whom the accused is triable to have the trial transferred to the Central Criminal Court shall—

(a) in case the party...

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