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Dáil Éireann debate -
Tuesday, 24 Jun 1924

Vol. 7 No. 29

DAIL IN COMMITTEE. - CRIMINAL JUSTICE (ADMINISTRATION) BILL, 1924.—THIRD STAGE.

Sections 1 to 9 agreed to.
SECTION 10.
It shall not be necessary in stating any intent to defraud, deceive or injure, to state an intent to defraud, deceive or injure any particular person where the statute creating the offence does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the offence.

I beg to move:—

Before section 10 to insert a new section as follows:—

The oath to be administered to the jurors empanelled to try the issue as to whether a prisoner who stands mute is mute of malice or by the visitation of God shall be in the following form, that is to say:—

"I do swear by Almighty God that I will well and truly try whether A.B., the prisoner at the bar, is mute of malice or by the visitation of God and a true verdict give according to the evidence."

It is necessary the form of oath should be in the Bill. That is for the purpose of dealing with cases in which a man alleges he is dumb and in which a jury is sworn to try whether he is really dumb or is only pretending he is.

New section agreed to, and added to the Bill.

I beg to move:—

Before Section 10 to insert a new section as follows:—

At the trial of a prisoner on indictment at the prosecution of the Attorney-General of Saorstát Eireann a nolle prosequi may be entered at the instance of the Attorney-General of Saorstát Eireann at any time after the indictment is preferred to the jury and before a verdict is found thereon, and every such nolle prosequi shall be in the following form, that is to say:—

On the.........day of............... 19......., at the trial of A.B. on the prosecution of the Attorney-General of Saorstát Eireann on an indictment for........................................ ......................the said Attorney-General in his proper person (or by his counsel) stated to the court that he would not further prosecute the said A.B. on the said indictment, whereupon it was ordered by the court that the said A.B. be discharged of and from the indictment aforesaid.

This is necessary because of the abolition of the Grand Jury that the new procedure of indictment should be followed when this Bill becomes law.

New section agreed to, and added to the Bill.

I beg to move:—

Before Section 10 to insert a new section as follows:—

Every recognisance entered into by way of bail before a District Justice or a Justice of the District Court shall be in the following form, that is to say:—

Be it remembered that on the .....................day of ............... in the year of our Lord................ A.B., of .................. (labourer), C.D., of ................. (grocer), and E.F., of ................. (butcher), personally came before me the undersigned, a District Justice in Saorstát Eireann (or a Justice of the District Court of Saorstát Eireann) for the District of....................and severally acknowledged to themselves to owe to Saorstát Eireann the several sums following; that is to say, the said A.B. the sum of ...................., and the said C.D. and E.F. the sum of ................... each, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of the Minister for Finance of Saorstát Eireann, if he the said A.B. fail in the conditions endorsed. Taken and acknowledged the day and year first above mentioned, at............... ............... before me, ..............

The condition of the within-written recognizance is such, that whereas the said A.B. was this day charged before me, the Justice within mentioned for that (etc., as in the warrant); if, therefore, the said A.B. will appear at the next sitting of the Circuit District Court (or of the Circuit Court, or of the High Court or of the Central Criminal Court, as the case may be) to be holden in and for the District (or as the case may be) and there surrender himself into the custody of the keeper of the (common gaol) there, and plead to such indictment as may be preferred against him by the Attorney-General of Saorstát Eireann, and take his trial upon the same, and not depart the said Court without leave, then the said recognizance to be void, or else to stand in full force and virtue.

This new section is also necessary because of alterations following on the passing of the Courts of Justice Act, and Section 9 of the present Bill under which criminal charges should be prosecuted by the Attorney-General. It proposes that recognizances should be entered into by way of bail.

New section agreed to, and added to the Bill.

I wonder would the Minister be able to give us some enlightenment as to why, in these illustrations, the direction should be labourer, grocer or butcher? Why not lawyer or publican?

Or tinker or tailor?

Sections 10 and 11 put, and agreed to.
SECTION 12.
Nothing in these rules or in any rules made under section two of this Act shall affect the provisions of sub-section (4) of section 32 of the Children Act, 1908.

I move the following amendment:—

To add at the end of the section a new sub-section as follows:—

"(3) This Act shall come into force on such day as the Minister for Justice shall be order appoint."

Amendment put and agreed to.
FIRST SCHEDULE.
Form 21.
STATEMENT OF OFFENCE.
Perjury, contrary to section 1 (1) of the Perjury Act, 1911.
PARTICULARS OF OFFENCE.
A.B., on the day of, in the county of being a witness upon the trial of an action in the High Court of Justice in Saorstát Eireann, in which one, was plaintiff, and one was defendant, knowingly, falsely swore that he saw one M.N. in the street called Dame Street, Dublin, on the day of

I beg to move the following amendment:

In the appendix to rules, form of indictment, to delete the whole of form 21, page 10, lines 42 to 45 inclusive, as above.

The reason for that is that prosecutions for perjury in the Saorstát are not brought under the Perjury Act of 1911.

Amendment put and agreed to.
First Schedule, as amended, agreed to and added to the Bill.
Second Schedule agreed to and added to the Bill.
THE TITLE.
"An Act to amend the law relating to Indictments in Criminal Cases and matters incidental or similar thereto."
Question—"That this be the Title of the Bill"—put and agreed to.
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