The Gazette 1964/67

(1) that the functions of the Court of Criminal Appeal be transferred to the Supreme Court and that the Court of Criminal Appeal be abolished; (2) that the Supreme Court be the only court of appeal from convictions on indictment; (3) that on the determination of a criminal appeal each member of the Supreme Court be free to give a separate opinion except on sentence on which one opinion only should be pronounced; (4) that every convicted person should have the right to appeal without the preliminary re quirement of obtaining a certificate from the trial judge for leave to appeal to the court of appeal and that the present distinction between an appli cation for leave to appeal and an appeal be abolished; (5) that the present period of seven days for lodging a notice of appeal be enlarged to twenty- one days to conform with appeals in civil actions; (6) that the present provision for having inter- locutary matters heard by a single judge be con tinued and (in the event of the Court of Criminal Appeal being abolished) be applied in the Sup reme Court; (7) that (in the event of the above recom mendations numbered (1) to (4) not being ad opted) Section 32 of the Courts of Justice Act, 1924, be amended so as to confer jurisdiction on the Court of Criminal Appeal to admit an appli cant to bail pending the determination of an application for leave to appeal; (8) that in criminal trials on indictment a mechanical or electronic recording (in addition to the shorthand note) be made of the judge's charge to the jury and that such recording be furnished to the appeal court, and that provision be made by statute or by rules of court that the trial judge be at liberty to furnish a separate report on what he considers to be errors in the transcript prepared by the official stenographer and that the appeal court be enabled to receive and use such report or a report from any other source. The recommendations are those of the members of the Committee save for a reservation by Mr. E. C. Micks which is annexed to the report. The views of the Society were sought in the matter and are acknowledged as having been in the report. The case of the People v. O'Connell (1963) I.R. Ill was considered by the Committee as an example of the multiplicity of appeals and the case of the Attorney General v. Cashell (1928) 62 I.L.T.R. 31 was considered under the heading of the jurisdiction of the Court to grant bail under Section 32 of the Court of Justice Act, 1924. 107

THE CRIMINAL JURISDICTION OF THE HIGH COURT This subject has been taken as the matter for the Sixth Interim Report of the Committee on Court Practice and Procedure which is now avail able from the Government Publications Sale Office, G.P.O, Arcade, Dublin 1, or through any book seller price 1/6. Amongst the proposals and re commendations are the abolition of the term Central Criminal Court on the basis that the High Court whether exercising its civil or criminal jurisdiction should be known simply as "The High Court". The Committee further considered that a dock is not an essential part of courtroom equipment for a criminal trial. In regard to the transfer of criminal trials in indictment the Committee recommend : (1) that the present position under Section 26 of the Courts (Supplemental Provisions) Act, 1961, as to transfer from one venue to another in the same circuit should continue; (2) that otherwise transfers from venues out side Dublin should be to the Dublin Circuit Court, save in cases dealt with in recommenda tion (5); (3) that the transfer of trials to the High Court be restricted to cases originally returned for trial in the Dublin Circuit Court save in cases dealt with in recommendation (5); (4) that the present position under Section 6 of the Courts Act, 1964, as to giving seven days notice of the making of an application for a trans fer should be extended to cover all applications for transfers under head (1), (2) and (3) above; (5) that the trial judge, in a Circuit Court venue other than Dublin, should have a discre tionary power to order a transfer to the High Court in the event of certain matters being raised at the trial in the form of a plea in bar or in some other preliminary point or even during the trial itself.

APPEALS FROM CONVICTION ON INDICTMENT

The Seventh Interim Report of the Committee on Court Practice and Procedure has been pub lished by the Government Publications Sale Office, and is available from that office at the G.P.O. Arcade, Dublin 1, or through any book seller, price 1/6. The recommendations of the Committee are as follows :