The Gazette 1985

GAZETTE

JANUARY / FEBRUARY 1985

Criminal Justice Act 1984

Gerard F. Griffin, Solicitor

F ROM the lst March 1985, certain sections of the Criminal Justice Act 1984 came into operation. Sections 1-3, 7, 11-14, 17, and 20-32 took effect as and from the lst March 1985. The Sections dealing with detention after arrest, with- holding information and inferences from an accused's failure to account for certain matters will not come into force until the Minister has established the Garda Complaints Tribunal. Notes on the more important Sections are set out below. Section 11 is an important new Section. Any sentence imposed for an offence committed while on bail must be consecutive on any sentence passed for a previous offence. Where two or more consecutive sentences are passed by the District Court, the total term of imprisonment in respect of those consecutive sentences shall not exceed two years. Section 12 provides that where two or more sentences passed in the District Court are ordered to run consecutively, the total term of imprisonment shall not exceed two years. In this Section, imprisonment shall include detention in St. Patrick's Institution. Section 13 creates the separate offence of failure to surrender to bail. The penalty for failure to surrender to bail is a fine not exceeding £1,000 or imprisonment for a term not exceeding twelve months or both. An offence under this Section shall be treated as an offence committed while on bail as in Section 11 and therefore carries a total term of imprisonment not exceeding two years. Section 14 substantially increases the penalties for certain firearms offences as follows: (a) For possession of firearms or ammunition with intent to endanger life or cause serious injury to property (from a maximum period of 14 years imprisonment to imprisonment for life). (b) For possession of a firearm while taking a vehicle without authority (from a term of imprisonment from 7 years to 14 years). (c) For the use of a firearm to resist arrest or to aid escape (from a term of imprisonment not exceeding 14 years to imprisonment for life). (d) For possession of a firearm or ammunition in suspicious circumstances (a maximum term of imprisonment of five years to ten years). (e) For carrying a firearm with criminal intent (from a maximum term of imprisonment from 10 years to 13 years). Section 17 amends the provisions of Section 4(1) of the Criminal Justice Act 1951 and Section 13 (3a) of the

Criminal Procedure Act 1967 by providing for a maximum fine of £1,000 for certain indictable offences in substitution for the former maximum fine of £100. Section 20 provides that on a Trial on indictment the accused may not, without leave of the Court, put forward evidence of an alibi unless notice of particulars of the alibi have been given beforehand to the prosecution. A notice under this Section may be given by the accused or his Solicitor and may be given in the District Court when the accused is being returned for Trial or within a period of fourteen days from the date of the return for Trial. The Notice to be served on the prosecution must give the names and addresses of any alibi witnesses that the accused will be relying on or if such names or addresses are not available, such information as will assist the prosecution to locate these witnesses. Section 21 provides that in Criminal proceedings written statements will be admissible in evidence in the same way as oral evidence if certain conditions are satisfied, the principle condition being that none of the parties or their Solicitors object to a Statement being tendered in evidence within twenty-one days of being served with a copy of it. The Section also makes it an offence for a person to include in such written statement anything he knew to be false or did not believe to be true. Section 22 provides for the proof by formal admission of any fact of which oral evidence may be given in any criminal proceedings and the admission by any party of any such fact under this section shall as against that party be conclusive evidence of the fact admitted. An admission made under this Section may be made before or at the hearing of the action but if made otherwise than in Court it shall be in writing. Section 23 abolishes the right of an accused to make an unsworn statement to the Court without being liable to be cross-examined. This Section provides that the accused, if giving evidence, must do so on Oath and be liable for cross-examination like any other witness. However, if an accused is not represented by a Solicitor or Counsel he may make an unsworn statement on any matter on which a Solicitor or Counsel could make a statement on his behalf. Section 24 alters the order of closing speeches of Criminal Trials before a Judge and Jury, and provides that the prosecution shall have the right to a closing speech in all cases except where an accused is not represented by a Solicitor or Counsel and does not call any witness. The Defence shall have the right to a closing speech in all cases and the closing speech for the Defence shall be made after that of the prosecution. Section 25 provides that the verdict of a Jury in Criminal proceedings need not be unanimous and may be a majority of ten subject to the following conditions:

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