The Gazette 1994

GAZETTE

AUGUST/SEPTEMBER

1994

B O O K

R E V I E W S

I

comment "This makes the role of the District Court Judge vital as he or she may be the only person in a position to safeguard this ancient right of an accused by declining jurisdiction if satisfied that the alleged offence is not a minor offence fit to be tried summarily." Perhaps it is time to consider in appropriate cases, an application on the part of an accused to the District Court Judge to refuse jurisdiction if circumstances suggest that the particular accused should be allowed to be tried by twelve of his peers. A positive response to such an application would help redress the Prosecutions with regard to access to a judge and jury trial. The District Court Rules, 1948 currently govern practice and procedure. The author endeavours to include in this book, where possible a number of the proposed new rules. There have been four drafts of these rules prepared and submitted for approval since 1973. evidence including fingerprinting, photographing and measurement of prisoners. There have been a number of Superior Court decisions on the important subject of the admissibility of evidence obtained illegally or in breach of one's constitutional rights. This subject is addressed in this part of the book including the Supreme Court decision of Denham J in DPP - v- Gary Doyle delivered in March 1994 which relates to the entitlement of an accused to copies of statements of evidence before trial. Chapter 5 contains the law relating to arrest and access rights to a solicitor and/or a medical practitioner. Sections 4 to 10 of the Criminal Justice Act, 1984 are also referred to in detail. As practitioners will be aware the case of the State (Clarke) -v- Roche and Senezio struck down a long balance which currently rests in favour of the Director of Public Chapter 3 of Part I deals with the various powers of the Gardai to gather

established summons procedure resulting in the enactment of the Courts (No. 3) Act, 1986. Chapter 6 contains a full statement of the position with regard to the issue of summonses as a result of this judgment. This deals with the conduct of proceedings generally, including fairness of procedures and such issues as fitness to plead. The order of "adjourn generally with liberty to re-enter" is given official recognition by proposed new rule (0.2). The right to bail is incorporated in this section and O'Callaghan's case is extensively covered. The amendment of summonses and charge sheets is elucidated in the 1977 Supreme Court Decision of Duggan - v- Evans and the author addresses the issues involved in some detail. The competence and compellability of witnesses is also addressed including many references to the Criminal Evidence Act, 1992. There is a section on the right of certain witnesses to claim privilege and the case of Re: Kevin O'Kelly (1974) 108 ILTR 97 is referred to. This part of the book also contains a chapter on evidence and its admissibility, the burden of proof and defences generally. Under the heading "The Decision" of the court there is an interesting proposed new District Court Rule which will allow a District Court Judge to award the costs and witnesses expenses of an adjournment to an aggrieved party. The interesting aspect of this rule is that neither the Director of Public Prosecutions nor a garda acting in his or her official capacity will be immune from such an 371 Part II - "Hearing of Proceedings"

District Court Practice and Procedure in Criminal Cases

By James V. Woods, BL. Publisher: James V. Woods, 1994, 790pp, hardback, £69. This book is undoubtedly a valuable reference work for the legal profession in the practice of criminal law before the courts. It provides the reader with an abundance of Statute and case law as of the 1st June 1994 and had been carefully researched by the author who has deservedly acquired an admirable reputation in this area. The book is divided into five parts and concludes with a most useful Appendix which includes the Criminal Justice Act, 1984 (Treatment of Prisoners in Custody in Garda Siochana Stations) Regulations 1987 and other useful Statutory Instruments. Part I - "Commencement of Proceedings" It begins with the origins of the District Court and its officers including the role of Peace Commissioners and scrutiny of the latter's powers by the Superior Courts. The Jurisdiction of the District Court is comprehensively covered both with regard to the trial of summary and indictable offences and also with regard to the territorial constraints applicable to its jurisdiction. One cannot but comment upon the apparent trend on the part of our legislators to deny an accused the option to avail of a trial by Judge and Jury in respect of certain offences. This trend has become obvious in that certain recent Statute law creates a number of offences which, under repealed legislation, would have been triable before a jury at the option of

the accused. The author, in the Preface, makes the significant