Admission to court and publication of proceedings

Proceedings to be in open Court: Article 34 of the Constitution of Ireland and Criminal Procedure Act 1967, section 4I(1)

1. Save where otherwise provided by law, the place in which the Court shall sit for hearing summary proceedings and for the conduct of proceedings under Part 1A of the Criminal Procedure Act 1967 shall be deemed an open Court to which, subject to the provisions of this Order, the public generally may have access so far as the same can conveniently accommodate them.

 

Power to exclude public: Criminal Justice Act 1951, section 20(3) and (4)

2. (1) In any criminal proceedings for an offence which is, in the opinion of the Court, of an indecent or obscene nature, the Court may, subject to sub-rule (2), exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons as the Court may in its discretion permit to remain.

(2) In any such proceedings—

(a) where the accused is a person under the age of eighteen years, or

(b) where the offence is of an indecent or obscene nature and the person with or against whom it is alleged to have been committed is under that age or is a female,

a parent or other relative or friend of that person shall be entitled to remain in Court during the whole of the hearing.

 

Power to exclude public: Criminal Procedure Act 1967, section 4I(2) (inserted by Criminal Justice Act 1999, section 9); Bail Act 1997, section 4(2)(b)

3. (1) During the conduct of proceedings under Part 1A of the Criminal Procedure Act 1967 where the Court is satisfied that, because of the nature or circumstances of the case or otherwise in the interests of justice it is desirable to do so, or in proceedings relating to applications under section 2(1) of the Bail Act 1997 the Court may, subject to sub-rule (2), exclude the public or any particular portion of the public or any particular person or persons, except bona fide representatives of the Press, from the Court during the proceedings.

(2) Sub-rule (1) is without prejudice to the right of a parent, relative or friend of the accused or of an injured party to remain in court in any case to which section 20(4) of the Criminal Justice Act 1951, or section 6 of the Criminal Law (Rape) Act 1981 (as substituted by section 11 of the Criminal Law (Rape) (Amendment) Act 1990) applies.

 

Power to exclude public:

Offences Against the State Act 1939, section 30(4BA) (inserted by Criminal Justice (Amendment) Act 2009, section 21)

Criminal Justice (Drug Trafficking) Act 1996, section 2(3A) (inserted by Criminal Justice (Amendment) Act 2009, section 22)

Criminal Justice Act 2007, section 50(4A) (inserted by Criminal Justice (Amendment) Act 2009, section 23)

 

4. (1) Where a Judge hearing an application under:

(a) section 30(4) of the Offences Against the State Act 1939,

(b) section 2(2) of the Criminal Justice (Drug Trafficking) Act 1996 or, as the case may be,

(c) section 50(3) of the Criminal Justice Act 2007,

is satisfied, in order to avoid a risk of prejudice to the investigation concerned, that it is desirable to do so, he may—

(i) direct that the application be heard otherwise than in public, or

(ii) exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings, bona fiderepresentatives of the Press and such other persons as the Court may permit to remain.

(2) On the hearing of an application mentioned in sub-rule (1), the Judge may, of his own motion or on application by the officer of the Garda Síochána making the application, where it appears that the circumstances mentioned in:

(a) sub-paragraphs (i) and (ii) of paragraph (b) of subsection (4BA) of section 30 of the Offences Against the State Act 1939, or

(b) sub-paragraphs (i) and (ii) of paragraph (b) of subsection (3A) of section 2 of the Criminal Justice (Drug Trafficking) Act 1996 or, as the case may be,

(c) sub-paragraphs (i) and (ii) of paragraph (b) of subsection (4A) of section 50 of the Criminal Justice Act 2007,

apply, direct that, in the public interest, the particular evidence shall be given in the absence of every person, including the person to whom the application relates and any legal representative (whether of that person or the applicant), other than—

(I) the member or members of the Garda Síochána whose attendance is necessary for the purpose of giving the evidence to the Judge; and

(II) if the Judge deems it appropriate, such one or more of the Clerks of the Court as the Judge determines.

 

Prohibition of publication of proceedings: Criminal Procedure Act 1967, section 4J(1)

5. (1) No person shall publish or cause to be published any information about a proceeding under Part 1A of the Criminal Procedure Act 1967 other than a statement of the fact that the proceeding has been brought by a named person in relation to a specified charge against a named person and any decision resulting from the proceeding.

 

Prohibition of publication of proceedings: Bail Act 1997, sections 1A(9), 2A(3) and 4(3)

(2) In proceedings under section 2(1) of the Bail Act 1997 no information relating to the criminal record of the person applying for bail shall be published in a written publication available to the public or be broadcast.

(3) An order under section 1A(9) or 2A(3) of the Bail Act 1997 may be made of the court’s own motion or on the application of the applicant or of the prosecutor. The terms of any direction given under section 1A(8) or order made under section 1A(9) or section 2A(3) of the Bail Act 1997 shall be pronounced in open court.

 

Prohibition of publication of proceedings:

Offences Against the State Act 1939, section 30(4BA)(d) (inserted by Criminal Justice (Amendment) Act 2009, section 21)

Criminal Justice (Drug Trafficking) Act 1996, section 2(3A)(d) (inserted by Criminal Justice (Amendment) Act 2009, section 22)

Criminal Justice Act 2007, section 50(4A)(d) (inserted by Criminal Justice (Amendment) Act 2009, section 23)

 

(4) No person shall publish or broadcast or cause to be published or broadcast any information about an application under:

(a) section 30(4) of the Offences Against the State Act 1939, or

(b) section 2(2) of the Criminal Justice (Drug Trafficking) Act 1996 or, as the case may be,

(c) section 50 of the Criminal Justice Act 2007

other than a statement of (i) the fact that the application has been made by the Garda Síochána (or, in the case of an application under section 50 of the Criminal Justice Act 2007, the fact that the application has been brought by a named person) in relation to a particular investigation and (ii) any decision resulting from the application.

 

Form of certificate

6. A certificate pursuant to Section 4J(2) of the Criminal Procedure Act, 1967, shall be in accordance with **Insert Form here Form 14.1** Schedule B.

 

Anonymity of witnesses

7. Notice of a party’s intention to make an application under section 181 of the Criminal Justice Act 2006 may be given otherwise than in writing and the Judge may deem the notice given sufficient in any case. Where an order is made on foot of any such application, the party on whose application the order was made may request the Judge to confirm the existence of such order on any occasion on which the proceedings to which the order relates are before the Court.