The Gazette 1973

Courts Organisation Twelfth Interim Report of the Committee on Court Practice and Procedure dealing with Court Organisa- tion. Appointed in April 1962. Report issued in July 1973. 17Jp. Very briefly here are some of the principal recom- mendations of this Committee. (1) The Dublin Metropolitan District should be ex- tended to include all of the City and County of Dublin with the exception of the electoral district of Rath- michael (Bray). (2) The following places in the new district should be appointed for the transaction of business, namely Central Dublin Courts, Dunlaoghaire. Balbriggan, Swords and Kilmainham. The business should be transacted as follows. At Dunlaoghaire—summary business only including complaints by way of summons of Dunlaoghaire Corporation. Juvenile business except as at present transacted at Balbriggan should be transacted at the Central Dublin Court. All persons arrested in the extended districts should be brought before the custody Court of the Central Dublin Court whether on bail or on custody. (3) Courthouse accommodation should be improved. The proposals include : (a) To erect a multi-storey Court building with ade- quate office accommodation and lift service on the site now occupied by the Bridewell Garda Station and the three Court rooms in Chancery Street. It is estimated that a minimum of twelve Court rooms would be required by the District Court—on the lines of the Sheriff Court Building in Edinburgh. (4) Outside Dublin the report recommends the Dis- trict Courts to be divided into five divisions somewhat similar to the present Circuits (Northern, Western, Southern, Eastern). (5) Forty District Court venues outside Dublin Metro- politan District should be abolished and one new venue established (at Kinnegad, Go. Westmeath). This would leave a total of 219 District Courthouses, as against 258 at present. Generally it is recommended that summary business be transacted at all these venues while civil business be transacted only at principal venues in major towns, etc. Justices should not reside in their Circuits; and should henceforth be called "Judges of the District Court". (6) Annual licensing : All licences dealt with by the District Court should expire at the end of June each year and annual licencing business should be heard in the month of June. Intoxicating liquor licences should be renewed by the Revenue Commissioners without the necessity for a Court certificate except where there are objections. (7) With regard to the Dublin Circuit Court the committee recommend at least four judges to be assigned full time to the Dublin Circuit. They further recom- mend the availability of five courtrooms at least, two for criminal trials. At Balbriggan—the same as at present. At Swords—summary business only. At Kilmainham—summary business only.

(8) Circuit Court venues should be reduced by eigh- teen leaving forty-two venues including the establish- ment of a new venue (at Tuam, Co. Galway). There should only be four circuits (Northern, Western, South- ern and Eastern), say the majority, for civil cases, and criminal trials should be dealt with by two separate Judges. (9) There should be twelve Circuit Court Judges (at present there are eleven). (10) Criminal trials should be held only in larger centres where there is a large pool of jurors available. Circuit, Criminal and High Court (on circuit) civil trials should be held at fourteen principal venues. Transfer of trials outside Dublin should henceforth be made to the Dublin Circuit Court. (11) The County Registrars should be given greater jurisdiction to deal with non-contentious applications for example payment out of funds in Court. (12) The judicial year should be slightly extended into ihirty-nine weeks and divided into three sittings of approximately equal duration of thirteen weeks each. Hours of sittings of the High Court and the Circuit Court should be extended by one half an hour by com- mencing sittings at 10.30 a.m. (13) The committee noted the acquisition of the Incorporated Law Society of King's Hospital and re- commended the purchase of the Solicitors' Buildings at present occupied by the Society for the purpose of extending the Circuit Court accommodation. The Lib- rary should be a Judge's library. (14) The circuit of the High Court on Circuit should be the same as the Circuit Court and the High Court should only sit in fourteen venues. Seventeenth Interim Report of the Committee on Court Practice and Procedure dealing with Court fees. 9p. (1) The basic recommendation in this report is that the administration of justice is a necessary State ser- vice for citizens and it is one which should be available to all citizens without payment of Court fees. (2) If it is decided to continue with the imposition of Court fees the amount of same should be determined so that the receipts therefrom should not exceed two- thirds of the costs of administration of justice. In deter- mining the cost of the administration of justice no account should be taken of salaries, pensions, and travelling expenses of judges, charges for public works or buildings or rates on Government property. On the basis of this calculation present receipts represent 57 per cent of the cost of administration of justice. (3) With regard to High Court fees it is recommended that no fees should be payable on notices of motion affidavits, subpoenas or Court orders and that fees should be payable only on : (a) the originating document; (b) the defence; (c) the setting down for trial; (d) the taxation of costs. (4) The attested copy system in the High Court should be reviewed. So too should the system of charg- ing for copying documents on a per folio basis to be replaced on a per sheet basis. Certainly for photographic and typed copies these should be based on a per page basis. 225