The Gazette 1982

JULY/AUGUST 1982

GAZETTE

District Court and the Press by District Justice Bernard Carroll (The following is the text of an address to a Symposium of Provincial Newspaper Editors (held under the auspices of the Law Society on Friday, 12 March, 1982).

C ASES dealt with in the District Court may be divided into two categories (1) Civil cases and (ii) Offence cases. Civil Cases are generally originated by means of a Civil Process commonly referred to as a Civil Bill. In the Civil Bill the Plaintiff either by himself or through his solicitor briefly sets out the nature of his claim against the Defendant i.e. amount due for goods sold and delivered, amount due for services rendered etc. A copy of the Civil Bill is served on the Defendant generally by registered post at least 21 days before the hearing but in some areas where there is still a summons server he can effect service. The Original Civil Bill is filed with the District Court Clerk together with a Declaration of Service and it is this Civil Bill which is the document before the Court when the case comes on for hearing. If the defendant intends to contest the claim he must send a note of his intention to do so both to the Plaintiff and the Court Clerk prior to the date of hearing. This notice does not have to set out the grounds of his Defence. In offence cases be they Criminal Offences i.e. Larceny, Malicious Damage, Entering premises etc. or those known as summary offences which are either of a non criminal or quasi criminal nature i.e. driving with excess alcohol, dangerous driving etc. such prosecutions may be originated (a) by way of summons or (b) by way of a Charge Sheet. If the proceedings are commenced by way of a summons details of the offence are set out in the summons and a copy of the summons is served on the Defendant at least seven days before the date of the Court hearing to which the Defendant is summonsed to appear. The original summons with the appropriate declaration of service endorsed on it, is lodged with the District Court Clerk and this document is before the Court in the Court hearing. If proceedings are commenced by way of Charge Sheet the Offence(s) is/are set out in detail in the Charge Sheet then read over to the Defendant by the Officer making the charge and the Defendant is at the same time given a copy of the charge(s) as contained in the Charge Sheet. The Original Charge Sheet is lodged with the District Court Clerk and is before the Court in the hearing of the charge. This Original Charge Sheet is the only record of the charges which are heard in Court and remains the only record in the custody of the District Court Clerk after the hearing of the case in Court. In the case of Civil Bills and summonses which are lodged with the District Court Clerk for Court hearings,

particulars of the contents thereof are entered (i) in the case of Civil Bills in a book kept by the Court Clerk and which is known as the Civil Process Book and (ii) in the case of summonses in a similar type book known as the Justice Minute Book. When the Justice pronounces his decision a note of that decision is entered in the appropriate column of the Civil Process Book or Minute Book as the case may be and if a formal Order is required it is later drawn up by the District Court Clerk from this record and signed by the Justice. A person having a bona fide interest in a matter which came before the District Court can, on payment of the prescribed fee obtain from the District Court Clerk a certified copy of the conviction and order of the Court. Where offence cases are brought before the Court by way of Charge Sheet the Justice makes a note of his decision on the space provided on the Charge Sheet and the formal order when required can be drawn up by reference to the Justice's note on the Charge Sheet. A Charge Sheet is generally used where the defendant is arrested and taken to a Garda Station whereas a summons is generally issued in cases where no arrest has been made i.e. Road Traffic cases. The records of the District Court for the purposes of this paper and to all intents and purposes comprise the original summons, the Charge Sheets, the Civil Processes and the Minute Books. These records remain in the custody of the District Court Clerk who is an officer of the Court and would be subject to the direction of the Court in relation to such records. There is no provision in law whereby such records should be made available as of right for inspection by either representatives of the Press or members of the public. My own experience however is that members of the press are always facilitated in the matter of access to Court- Records in the course of and following court hearings for the purpose of checking the details and accuracy of decisions and orders made by the Court prior to submitting their reports to their news editors. It is naturally in the public interest, that this should be so in the interest of accurate reporting of such proceedings. The other topic which naturally concerns the members of the Press is their right of access and their right to be present in Court during the hearing of Court-Proceedings. Article 34 of the Constitution provides that, save in such special and limited cases as may be prescribed by law, justice shall be administered in public. Again, the District Court rules provides that in all cases of summary jurisdiction the place in which the Justice shall sit and hear and determine any complaint shall be deemed an open

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