Appendix U: Court Of Appeal
COURT OF APPEAL
Order 86, rule 13
NOTICE OF EX PARTE APPLICATION
For Office use
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Court of Appeal record number of this appeal |
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Subject matter for indexing |
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[Title and record number as per the High Court proceedings]
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Date of filing |
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TAKE NOTICE that on ……………..20……… at ……….or at the first available opportunity thereafter, ………………, intends to apply ex parte to the Court of Appeal for the following order(s):
The grounds of the application are:
The application is grounded on the affidavit of filed with this notice.
Dated: 20…
Signed:__________________
(Solicitor for)(Intending) Appellant (or as the case may be)
To: Registrar of the Court of Appeal
Office of the Registrar of the Court of Appeal
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COURT OF APPEAL
CIVIL
O.86A, r. 6(1)
APPLICATION FOR LEAVE TO APPEAL
For Office use
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Court of Appeal record number of this appeal |
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Subject matter for indexing |
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[Title and record number as per the High Court proceedings]
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Date of filing |
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TAKE NOTICE that on ……………..20……… at ……….or at the first available opportunity thereafter, ………………, the intending appellant, intends to apply to the Court of Appeal pursuant to (state statutory requirement for leave to appeal) for leave to appeal from the *judgment *order of the High Court made on ……………..20……… in the proceedings before the High Court bearing the above record number that:
The grounds of the application for leave to appeal are:
*The reasons why it is alleged that the conditions for leave to appeal set out in (state statutory requirement for leave to appeal) are satisfied are:
A draft of the proposed notice of appeal is attached.
Dated: 20…
Signed:__________________
(Solicitor for)(Intending) Appellant (or as the case may be)
To: Registrar of the Court of Appeal
Office of the Registrar of the Court of Appeal (Civil)
And to (Solicitor for)(Intended) Respondent
* Insert as appropriate
_______
COURT OF APPEAL
CIVIL
O.86A, r. 6(7)
STATEMENT OF GROUNDS OF OBJECTION TO APPLICATION FOR LEAVE TO APPEAL
For Office use
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Court of Appeal record number of this appeal |
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Subject matter for indexing |
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[Title and record number as per the High Court proceedings]
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Date of filing |
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TAKE NOTICE that the intended respondent intends to object to the intending appellant’s above application to the Court of Appeal for leave to appeal on the grounds that:
Dated: 20…
Signed:__________________
(Solicitor for)(Intended) Respondent (or as the case may be)
To: Registrar of the Court of Appeal
Office of the Registrar of the Court of Appeal (Civil)
And to (Solicitor for)(Intending) Appellant
No. 4
Forms 4 and 5 in Appendix U deleted by SI 469 of 2018, effective 10 December 2018.
No. 5
Forms 4 and 5 in Appendix U deleted by SI 469 of 2018, effective 10 December 2018.
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O.86A, r. 12(1)
COURT OF APPEAL
CIVIL
NOTICE OF APPEAL (ORDINARY APPEAL)
For Office use
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Court of Appeal record number of this appeal |
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Subject matter for indexing |
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[Title and record number as per the High Court proceedings]
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Date of filing |
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Name of appellant(s) |
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Appellant’s solicitors |
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Name of respondent(s) |
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Respondent’s solicitors |
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Has any appeal (or application for leave to appeal) previously been lodged in the Court of Appeal in respect of the proceedings? |
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If yes, give [Court of Appeal] record number(s)
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Has any appeal (or application for leave to appeal) previously been lodged in the Supreme Court in respect of the proceedings? |
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If yes, give [Supreme Court] record number(s)
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1. Return date for directions hearing
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Date |
Time |
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TAKE NOTICE that this appeal is listed before the Court of Appeal for directions at the following date and time: |
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2. Decision that it is sought to appeal
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Name(s) of Judge(s) |
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Date of order/ Judgment
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Neutral citation of the judgment appealed against if known e.g. High Court [2009] IEHC 608
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The relevant orders made in the High Court |
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Is it sought to appeal from (a) the entire decision or (b) a part or parts of the decision and if (b) set out below the specific part or parts of the decision concerned.
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3. Grounds of appeal
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Please set out below the grounds of appeal listing (as 1, 2, 3, etc) concisely: (a) the specific ground(s) of appeal and the error(s) of law related to each numbered ground (b) the legal principles related to each numbered ground and confirmation as to how that/those legal principle(s) apply to the facts or to the relevant inference(s) drawn therefrom (c) the specific provisions of the Constitution, Act(s) of the Oireachtas, Statutory Instrument(s) and any other legal instruments on which you rely (d) the issue(s) of law before the Court appealed from to the extent that they are relevant to the issue(s) on appeal
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4. Order(s) sought
Set out the precise form of order(s) that will be sought from the Court of Appeal if the appeal is succe$
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What order are you seeking if successful? |
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Order being appealed |
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set aside |
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vary/substitute |
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If a declaration of unconstitutionality is being sought please identify the specific provision(s) of the Act of the Oireachtas which it is claimed is/are repugnant to the Constitution |
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If a declaration of incompatibility with the European Convention on Human Rights is being sought please identify the specific statutory provision(s) or rule(s) of law which it is claimed is/are incompatible with the Convention |
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Are you asking the Court of Appeal to: |
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depart from (or distinguish) one of its own decisions? |
Yes No |
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If Yes, please give details below: |
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make a reference to the Court of Justice of the European Union? |
Yes No |
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If Yes, please give details below: |
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Will you request a priority hearing? |
Yes No |
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If Yes, please give reasons below: |
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5. Documents relied on
Please set out below a list of all of the documents on which the appellant intends to rely at the hearing of the appeal:
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6. Appellant Details
Where there are two or more appellants by or on whose behalf this notice is being filed please provide relevant details for each of the appellants
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Appellant’s full name |
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Original status : |
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Plaintiff |
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Defendant |
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Applicant |
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Respondent |
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Petitioner |
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Notice Party |
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Solicitor |
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Name of firm |
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Name of solicitor responsible for this appeal |
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Address |
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Telephone no. |
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Document Exchange no. |
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Postcode |
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Ref. |
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If the Appellant is not legally represented please complete the following
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Current postal address |
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e-mail address |
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Telephone no. |
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7. Respondent Details
Where there are two or more respondents affected by this application for leave to appeal, please provide relevant details, where known, for each of those respondents
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Respondent’s full name
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Original status: |
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Plaintiff |
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Defendant |
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Applicant |
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Respondent |
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Petitioner |
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Notice Party |
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Solicitor |
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Name of firm |
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Name of solicitor responsible for this appeal |
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Address |
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Telephone no. |
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Document Exchange no. |
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Postcode |
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Ref. |
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If the Respondent is not legally represented please complete the following
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Current postal address |
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e-mail address |
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Telephone no. |
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Please submit your completed form to:
Office of the Registrar of the Court of Appeal (Civil)
The Four Courts
Inns Quay
Dublin
together with a certified copy of the Order and the Judgment in respect of which it is sought to appeal.
Save in the case of a notice of appeal from a decision made otherwise than inter partes, this notice is to be served, within seven days after it has been issued, on all parties directly affected by the appeal. A respondent may consent in writing to late service of a notice of appeal.
Note: The appellant must not later than four days before the date fixed for the directions hearing, lodge with the Registrar and serve on each respondent affected by the expedited appeal an indexed and paginated directions booklet.
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O. 86, r. 15(1)
COURT OF APPEAL
CIVIL
RESPONDENT’S NOTICE (ORDINARY APPEAL)
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[Court of Appeal] Record number |
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[Title and record number as per the High Court/Circuit Court proceedings]
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Date of filing |
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Name of respondent |
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Respondent’s solicitors |
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Name of appellant |
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Appellant’s solicitors |
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The respondent: |
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is opposing the appeal |
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is not opposing the appeal
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If opposing the appeal, please complete remaining sections.
1. Grounds of opposition
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Please set out below: 1. Whether the respondent opposes (a) the entire appeal or (b) a part or parts of the appeal and if (b) the specific part or parts of the appeal opposed. 2. The grounds of opposition (numbered as 1, 2, 3, etc by reference to the appellant’s grounds of appeal).
Name of counsel or solicitor who settled the grounds of opposition (if the respondent is legally represented), or name of respondent in person: |
2. Additional grounds on which decision should be affirmed
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Set out here any grounds other than those set out in the decision of the High Court on which the Respondent claims the Court of Appeal should affirm the decision of the High Court:
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3. Respondent’s notice of cross-appeal (where applicable)
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If you intend to ask the Court of Appeal to vary the order of the High Court or substitute an order for the order of the High Court, set out (as 1,2,3 etc) concisely the specific ground(s) on which you asset that a variation or substitution of the High Court’s order is justified.
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4. Order(s) sought by Respondent
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The respondent intends to ask the Court of Appeal to: |
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dismiss the appeal |
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affirm the decision of the High Court on grounds other than those set out in the decision of the High Court |
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vary the order of the High Court or substitute an order for the order of the High Court |
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Other (please specify) |
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Set out the precise form of order(s) that will be sought from the Court of Appeal if you are successful:
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5. Documents relied on
Please set out below a list of all of the documents (other than those identified in the notice of appeal) on which the respondent intends to rely at the hearing of the appeal:
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6. Respondent details (if not correct and complete in notice of appeal)
If the details provided in the notice of appeal for this respondent are not correct or complete, please complete this section.
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Respondent’s full name
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Original status: |
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Plaintiff |
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Defendant |
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Applicant |
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Respondent |
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Petitioner |
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Notice Party |
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Solicitor |
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Name of firm |
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Name of solicitor responsible for this appeal |
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Address |
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Telephone no. |
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Document Exchange no. |
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Postcode |
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Ref. |
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If the Respondent is not legally represented please complete the following
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Current postal address |
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e-mail address |
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Telephone no. |
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Please submit your completed form to:
Office of the Registrar of the Court of Appeal (Civil)
Four Courts
Inns Quay
Dublin
This notice is to be lodged and served on the appellant and on every other respondent within 21 days of the service of the notice of appeal.
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O.86A, r. 19(13)
COURT OF APPEAL
ELECTORAL
Court of Appeal Record number:
*High Court/*Circuit Court Record number:
NOTICE OF RESULT OF APPEAL
*LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT 1974
*ELECTORAL ACT 1992
*PRESIDENTIAL ELECTIONS ACT 1993
*EUROPEAN PARLIAMENT ELECTIONS ACT 1997
(as the case may be)
Take notice that the Court of Appeal has this day given judgment to the effect following, viz:
Dated
(Signed) .......
Registrar of the Court of Appeal
To:……….....
* Insert as appropriate
_______
COURT OF APPEAL
CRIMINAL
Court of Appeal Record number:
Bill number:
O. 86C, r. 3(1)
NOTICE OF APPEAL
______
The People at the suit of the Director of Public Prosecutions
v.
…………………………………
To the Registrar of the Court of Appeal.
I, ......., having been convicted of the offence of [state offence shortly] and being now a prisoner in ....... [or, now living at .......], do hereby give you notice of appeal to the Court of Appeal against my said conviction and/or sentence on the following grounds:
Dated
(Signed)
[or mark]
Appellant.
Signature and address of witness attesting mark.
Particulars of trial and conviction
Date of trial
In what Court
Sentence
Grounds of appeal
Note: The appellant should answer the following question: Does the appellant desire to be present at the hearing of his appeal?
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O. 86C, r. 3(2)
COURT OF APPEAL
CRIMINAL
Court of Appeal Record number:
Bill number:
NOTICE OF APPLICATION (CRIMINAL PROCEDURE ACT 1993, SECTION 2)
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The People at the suit of the Director of Public Prosecutions
v.
…………………………………
To the Registrar of the Court of Appeal.
I, ......., having been convicted of the offence of [state offence shortly] and sentenced to [state sentence shortly] being now a prisoner in ....... [or, now living at .......], do hereby give you notice of application to the Court of Appeal for an order
*quashing the conviction
*reviewing the sentence
because a new or newly-discovered fact shows-
*that there has been a miscarriage of justice in relation to the conviction
*that the sentence imposed is excessive.
Dated
(Signed)
[or mark]
Appellant.
Signature and address of witness attesting mark.
Particulars of trial, conviction and sentence
Date of trial
In what Court
Sentence
* Insert as appropriate
Note: The appellant should answer the following question: Does the applicant desire to be present at the hearing of his application?
_______
COURT OF APPEAL
CRIMINAL
Court of Appeal Record number:
Bill number:
O. 86C, r. 3(2)
STATEMENT OF GROUNDS (APPLICATION UNDER THE CRIMINAL PROCEDURE ACT 1993, SECTION 2)
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The People at the suit of the Director of Public Prosecutions
v.
…………………………………
To the Registrar of the Court of Appeal.
(a) Applicant's name: ………………..
(b) Applicant's address: ……………….
(c) Applicant's description: ………………..
I have by notice of application this day applied to the Court of Appeal for an order *quashing my conviction *reviewing my sentence
on the grounds that
*a new or newly-discovered fact shows that there has been a miscarriage of justice in relation to the conviction
*a new or newly-discovered fact shows that the sentence imposed is excessive
The grounds are as follows:
[Note: the applicant should state precisely each such ground, giving particulars where appropriate, and identify in respect of each ground the facts or matters relied upon as supporting that ground.]
Name and registered place of business of solicitors for Applicant (if any):
(g) Applicant's address for service (if acting in person or if different to the above):
Dated this day of 20
(Signed)
Applicant/Solicitors
* Insert as appropriate
AFFIDAVIT VERIFYING STATEMENT OF GROUNDS IN AN APPLICATION UNDER THE CRIMINAL PROCEDURE ACT 1993, SECTION 2
[To be appended to the statement of grounds]
I, ……, applicant in these proceedings, make oath and say as follows:
(a) I have read this statement [or] This statement has been read to me by …….;
(b) so much of this statement as relates to my own acts and deeds is true, and so much of it as relates to the acts and deeds of any and every other person I believe to be true.
Sworn, &c
_______
COURT OF APPEAL
CRIMINAL
Court of Appeal Record number:
Bill number:
O. 86C, r. 3(4)
NOTICE OF APPEAL (CRIMINAL LAW (INSANITY) ACT 2006)
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The People at the suit of the Director of Public Prosecutions
v.
…………………………………
To the Registrar of the Court of Appeal.
I, ......., of ......., do hereby give you notice of appeal to the Court of Appeal:
*under section 7(3) of the Criminal Law (Insanity) Act 2006 against a determination by the *Central Criminal Court *Circuit Court *Special Criminal Court that I am unfit to be tried
*under section 8(6) of the Criminal Law (Insanity) Act 2006 against a finding of not guilty by reason of insanity by the *Central Criminal Court *Circuit Court *Special Criminal Court
*under section 9(1) of the Criminal Law (Insanity) Act 2006 against a decision by the *Central Criminal Court *Circuit Court *Special Criminal Court *to make *not to make an order of committal in respect of me under *section 4(3)(b), *section 4(5)(c), *section 4(6)(a), *section 5(2) *section 5(3) of the Criminal Law (Insanity) Act 2006
Grounds of appeal
[Set out grounds of the appeal. In an appeal under section 8(6) of the Criminal Law (Insanity) Act 2006, please refer to the relevant grounds of appeal under that sub-section.]
Dated
(Signed)
[or mark]
(Solicitor for) Appellant.
Signature and address of witness attesting mark.
Particulars of trial and determination, finding or order
Date of trial
In what Court
Determination, finding or order
*delete where inapplicable
_______
O. 86C, r. 5(1)
COURT OF APPEAL
CRIMINAL
NOTICE OF APPLICATION FOR ENLARGEMENT OF TIME WITHIN WHICH TO APPEAL
The People at the suit of the Director of Public Prosecutions.
v.
…………………………………
To the Registrar of the Court of Appeal.
I, ....... having been convicted of the offence of [state offence shortly] and thereupon sentenced to ....... on the ....... day of ....... 20.., and being now a prisoner in ....... [or living at ....... ] give you notice that I will apply to the Court of Appeal for an enlargement of the time within which I may give notice of appeal. The grounds on which I apply for such enlargement are as follows:
The grounds on which I propose to base my appeal, are as follows:
Dated
(Signed)
[or mark]
Applicant.
Signature and address of
witness attesting mark
Note:
The applicant should answer the following question: Does the applicant desire to be present at the hearing of his application for an enlargement of the time within which to give such notice as aforesaid?
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O. 86C, r. 6(1)
COURT OF APPEAL
CRIMINAL
NOTICE OF APPLICATION FOR REVIEW OF SENTENCE
(Section 2, Criminal Justice Act 1993)
In the matter of an application pursuant to section 2 of the Criminal Justice Act 1993
Director of Public Prosecutions, Applicant
-v-
..............., Respondent
To the Registrar of the Court of Appeal
It appearing to the Director of Public Prosecutions that the sentence imposed by the ……………..Court (the “sentencing court”) on the ………day of …………..20…. on the above-named convicted person, he/she having been convicted on indictment by the said sentencing court of the offence(s) of …………………..and *(being now a prisoner in ................................... )*(now residing at ....................................................) was unduly lenient, the Director of Public Prosecutions hereby gives you notice of an application to the Court of Appeal to review the said sentence on the grounds hereinafter set forth:
GROUNDS OF APPLICATION
[Set out the grounds on which it is alleged that the sentence imposed by the sentencing court was unduly lenient]
Dated: .........................................................
Signed:........................................................
for applicant
To: the above-named convicted person at………
O. 86B, r 6(2)
COURT OF APPEAL
CRIMINAL
NOTICE OF APPEAL AGAINST DISMISSAL OF CHARGE
(Section 4E, Criminal Procedure Act 1967)
In the matter of an appeal pursuant to section 4E(7) of the Criminal Procedure Act 1967
Director of Public Prosecutions, Appellant
-v-.
.............. , Respondent
To the Registrar of the Court of Appeal
Whereas .............., of………………….., was sent forward for trial to the ……………..Court (the “trial court”) charged that *he/*she did………….(state offence(s))
And whereas by order made on the ………day of …………..20…. under to section 4E(4) of the Criminal Procedure Act 1967, the said trial court dismissed the charge(s) of………………
The Director of Public Prosecutions hereby gives you notice of appeal to the Court of Appeal pursuant to section 4E(7) of the Criminal Procedure Act 1967 against the order of the trial court dismissing the said charge(s)
[Specify grounds of appeal]
Dated the ..... day of ........ 20.....
Signed .......................
for appellant
* Insert as appropriate
_______
O.86C, r. 6(3)
COURT OF APPEAL
CRIMINAL
NOTICE OF APPEAL AGAINST AN ORDER FOR COSTS
(Section 24, Criminal Justice Act 2006)
The People at the suit of the Director of Public Prosecutions
-v-
…………………………………
To the Registrar of the Court of Appeal
.............., having been *acquitted *convicted of the offence of [state offence] by the ......... Court sitting at .......... on the ..... day of ......... 20....., the *Director of Public Prosecutions *Attorney General does hereby give you notice of appeal to the Court of Appeal against the order for costs made by the trial court against him in favour of the accused person, on the grounds that:
[Specify grounds of appeal]
Dated the ..... day of ........ 20.....
Signed .......................
for appellant
* Insert as appropriate
_______
O. 86C, r. 6(4)
COURT OF APPEAL
CRIMINAL
NOTICE OF APPLICATION FOR RE-TRIAL ORDER
(section 8(3), Criminal Procedure Act 2010)
In the matter of an application pursuant to section 8(3) of the Criminal Procedure Act 2010
Director of Public Prosecutions, Applicant
-v-
............... , Respondent
To the Registrar of the Court of Appeal
Whereas .............., of………………….., the above-named Respondent, was tried on indictment before the ……………..Court (Bill number………) for the offence(s) of………….(state offence(s))(the “relevant offence”) and was on the ….day of ………20… acquitted *(at the trial) *(by the ……..Court on appeal against conviction) *(by the ……..Court on appeal from a decision on appeal)
And whereas it appears to the Director of Public Prosecutions—
(a) that there is new and compelling evidence against the Respondent in relation to the relevant offence concerned, and
(b) that it is in the public interest to do so.
The Director of Public Prosecutions hereby gives you notice of an application to the Court of Appeal for a re-trial order in respect of the Respondent in relation to the relevant offence concerned pursuant to section 8(3) of the Criminal Procedure Act 2010
Grounds of application
[Set out the grounds on which it is alleged (i) that there is new and compelling evidence against the respondent in relation to the relevant offence concerned, and (ii) that it is in the public interest that a re-trial order be made]
Dated: .........................................................
Signed:........................................................
for applicant
To: the above-named Respondent at………
_______
O. 86C, r. 6(4)
COURT OF APPEAL
CRIMINAL
NOTICE OF APPLICATION FOR RE-TRIAL ORDER
(section 9(3), Criminal Procedure Act 2010)
In the matter of an application pursuant to section 9(3) of the Criminal Procedure Act 2010
Director of Public Prosecutions, Applicant
—v-............... , Respondent
To the Registrar of the Court of Appeal
Whereas .............., of………………….., the above-named Respondent, was tried on indictment before the ……………..Court (Bill number………) for the offence(s) of………….(state offence(s))(the “relevant offence”) and was on the ….day of ………20… acquitted *(at the trial) *(by the ……..Court on appeal against conviction) *(by the ……..Court on appeal from a decision on appeal)
And whereas …………….of……………………*(or the said Respondent) was on the ….day of ………20… convicted by the ……..Court (Bill number………) of an offence against the administration of justice (namely,……….) relating to the proceedings which resulted in the acquittal of the said Respondent, which conviction is relied upon for the purposes of section 9(1)(b) of the Criminal Procedure Act 2010
And whereas it appears to the Director of Public Prosecutions—
(a) that there is compelling evidence against the Respondent, and
(b) that it is in the public interest to do so.
The Director of Public Prosecutions hereby gives you notice of an application to the Court of Appeal for a re-trial order in respect of the Respondent pursuant to section 9(3) of the Criminal Procedure Act 2010
Grounds of application
[Set out the grounds on which it is alleged (i) that there is compelling evidence against the respondent in relation to the offence to which the application for a re-trial relates, and (ii) that it is in the public interest that a re-trial order be made.]
Dated: .........................................................
Signed:........................................................
for applicant
To: the above-named Respondent at………
_______
O.86C, r. 6(5)
COURT OF APPEAL
CRIMINAL
NOTICE OF REFERENCE OF QUESTION OF LAW
Criminal Procedure Act 1967, Section 34
The People at the suit of the Director of Public Prosecutions
- v-
…………………………………
TAKE NOTICE that the *[Attorney General] *[Director of Public Prosecutions] will apply to the Court of Appeal for the determination of a question of law arising during the trial of the above proceedings.
A copy of the statement of the question of law *[and the observations of the trial judge/ member of the Court who pronounced the decision] is served together with this notice.
Dated ......... .20
Signed ..............
To ......... of ...............
And to the Registrar of the Court of Appeal
The Court of Appeal will, on such reference, hear argument, if the acquitted person so wishes, by counsel on his or her behalf or, with the leave of the Court of Appeal, by the acquitted person himself or herself.
Note: section 34(7) of the above-mentioned Act provides that the acquitted person may, in relation to such reference, apply for a legal aid (Court of Appeal) certificate to the Court of Appeal either—
(a) by letter addressed to the Registrar of the Court of Appeal setting out the facts of the case and the grounds of the application, or
(b) to the Court of Appeal itself
and that the Court shall grant the certificate if (but only if) it appears to the Court that the means of the acquitted person are insufficient to enable him or her to obtain legal aid.
If a legal aid (trial on indictment) certificate was granted in respect of the acquitted person in relation to the trial on indictment concerned, a legal aid (Court of Appeal) certificate shall be deemed to have been granted in respect of him or her in relation to such reference.
If the acquitted person intends to be heard on the reference, he or she or his or her legal representative should give notice in writing of this intention to the Registrar of the Court of Appeal not later than fourteen days after service of this notice, and give a copy of such notice to the person named above within the same period.
* Insert as appropriate
_______
O. 86C, r. 7(1)
COURT OF APPEAL
CRIMINAL
NOTICE THAT NOTICE OF APPEAL HAS BEEN RECEIVED BY THE REGISTRAR.
The People at the suit of the Director of Public Prosecutions.
v.
…………………………………
This is to give you notice that the above-named appellant [or applicant] who was convicted at the ....... Court on the ....... day of ........ 20 ....... has lodged a notice of appeal against his conviction and sentence [if not appropriate strike out "conviction and"].
Dated
(Signed)
Registrar of the Court of Appeal.
To [the persons mentioned in Order 86C, r. 7(1)].
________
O. 86C, r. 13(5)
COURT OF APPEAL
CRIMINAL
RECOGNISANCE PENDING APPEAL TO COURT OF APPEAL
Name of Appellant ..........................................................................................................
Be it remembered that whereas ................................................................................
was convicted by the *Circuit *Central *Special Criminal Court, and was thereupon sentenced to .................................................. and now is in lawful custody and having duly appealed against his conviction and sentence to the Court of Appeal and having been granted bail pending the determination of his appeal on entering into his own recognisance *(in the sum of € ........) with two sufficient sureties each in the sum of € ………...
the said
............................................ of .........................................................(occupation) .................................................. of ...................................................(occupation)
and
................................................ of ...................................……….(occupation) personally come before the undersigned and severally acknowledge themselves to owe to the State the said several sums to be levied off their several goods and chattels, lands and tenements respectively to the use of the Minister for Finance if he the said ..........................................................fail in the condition indorsed hereon.
Principal party .........................................
Taken and acknowledged this ...................... day of................................ 20 .......,
at ..................................... before me, ........................ a…………………………..
*Surety .......................................................
*Surety .......................................................
Taken and acknowledged this ...................... day of................................ 20 .......,
at ..................................... before me, ........................ a Judge of the District Court.
CONDITION
The condition of the within written recognisance is such that if he the said ........................ shall personally appear and surrender himself at and before the Court of Appeal at each and every hearing of his appeal and at the final determination thereof and abide by the judgment of the Court of Appeal and not depart or be absent from the Court of Appeal at any such hearing without leave and in the meantime shall not depart out of the area to which the jurisdiction of the Court of Appeal extends then this recognisance shall be void, otherwise it shall be of full force and effect.
The following to be filled in by the appellant and signed by him:—
When released on bail my residence to which any notices, etc., are to be addressed will be as follows:—
(Signed) ....................................................
Appellant
*delete if inapplicable
________
O. 86C, r. 13(6)
COURT OF APPEAL
CRIMINAL
CERTIFICATE OF SURETY
Name of Appellant ......................................................................................
This is to certify that you .......................................................................................
of .............................................................................................................................
whose signature is below have been accepted by the District Court on this ...................... day of ................................. 20 ........................., as surety for the above-named ............................. in the sum of € ................. in a recognisance the condition whereof is that…………………………………
(Signed) ...................................................................
District Court Clerk
I acknowledge that the above certificate is correct.
(Signed) ...................................................................
Surety
___________
O. 86C, r. 13(6)
COURT OF APPEAL
CRIMINAL
NOTICE OF PERFECTION OF RECOGNISANCE
Name of Appellant ...................................................................................................
To the Governor of ....................................................................................................
Take notice that (names and addresses) have this day, pursuant to an order of the Court of Appeal herein dated the ................ day of .............................................. 20......................, entered into recognisances (state amounts) the condition of such recognisances being that:………………………..
Dated .....................................................................
(Signed) ..................................................................
District Court Clerk
_______
O. 86C, r. 13(11); r. 13(17)
COURT OF APPEAL
CRIMINAL
WARRANT FOR ARREST OF PERSON ON BAIL.
_______
COURT OF APPEAL
The People at the suit of the Director of Public Prosecutions
v.
…………………………………
To the Commissioner and members of the Garda Síochána and the Governor .......... of ....... Prison.
Whereas ......... was released on bail, and
*did not appear for the hearing of *his *her trial not being present at any hearing of his appeal
*the Court has revoked * his *her bail
it has now been ordered that a warrant be issued for the arrest of the said
YOU ARE HEREBY COMMANDED to arrest the said ....... and to bring *him *her to the said Prison, and there deliver *him *her with this warrant into the custody of the said Governor and you the said Governor are hereby required to receive the said .... into your custody and safely to keep *him *her until further order of the Court of Appeal.
Dated
(Signed)
Registrar
*insert as appropriate
_______
O. 86C, r. 13(13)
COURT OF APPEAL
CRIMINAL
INFORMATION OF SURETY FOR ARREST OF *APPELLANT/*APPLICANT
The People at the suit of the Director of Public Prosecutions
v.
…………………………………
The information of………………of…………………….who says on oath:-
1. I, ......., say that the above-named ........ having been granted bail by the Court of Appeal, himself in the sum of € ....... and with ....... surety in the sum of € ......., was released on such bail on condition that
2. I became surety for the performance of the said condition by the said ....... in the sum of €....
3. I suspect that the said ....... is about to [state in what manner the appellant is believed to be about to fail in the observance of his recognisances] and I therefore desire to surrender the said ....... into custody and thereby discharge myself from my said recognisances. I verily believe that the said ....... is now in …………….in the district of ……………
I therefore pray for a warrant for the arrest of the said
Sworn, &c.
Laid before me the ....... day of ......
(Signed)
Judge of the District Court assigned to District No.…….
_______
O. 86C, r. 13(13)
COURT OF APPEAL
CRIMINAL
WARRANT ON INFORMATION OF SURETY
The People at the suit of the Director of Public Prosecutions
v.
…………………………………
To the Commissioner and members of the Garda Síochána
Whereas an information has been duly laid before the undersigned by ....... of ....... that ....... having been released on bail by the Court of Appeal on recognizances the condition whereof was that …………… and that the said ....... suspects that the said ....... is about to [state in what manner the appellant is believed to be about to fail in the observance of his recognisances], and that the said is ....... believed to be within the district of ……………..
YOU ARE HEREBY COMMANDED to arrest the said ....... and to bring him before the District Court sitting at ....... to the intent that he may be committed to ....... and there to be detained according to law.
Dated
(Signed)
Judge of the District Court assigned to District No…
_______
O. 86C, r. 13(14)
COMMITTAL OF APPELLANT ON SURETY'S INFORMATION
_______
The People at the suit of the Director of Public Prosecutions
v.
…………………………………
To the Superintendent of the Garda Síochána at ....... and to the Governor of .......
Whereas on the ....... day of ....... 20 ....... , information was laid before the Judge of the District Court assigned to District No....... upon an application for a warrant for the apprehension of ....... that he being a prisoner released on bail by the Court of Appeal was believed and suspected of being about to fail to observe the conditions of his recognisances by the said ....... his surety. And that the said ....... was then desirous of surrendering the said ……….
And whereas the said ....... being now before the District Court sitting at ....... and surrendered by the said ....... in discharge of his recognisance you are therefore hereby commanded forthwith to deliver the said ....... to the Governor of ....... together with this warrant of committal and you the said Governor are required to receive the said ....... into your custody and safely to keep him according to law.
Dated
(Signed)
Judge of the District Court
_______
O. 86C, r. 13(19)
COURT OF APPEAL
CRIMINAL
WARRANT FOR ESTREATMENT OF RECOGNISANCES
The People at the suit of the Director of Public Prosecutions.
v.
…………………………………
To the Superintendent of the Garda Síochána at .......
Whereas on the ....... day of ....... 20 ...., …………………………entered into a recognisance ....... the condition of such recognisance being that .......
And whereas
*the said accused failed to appear in accordance with the said recognisance
*the said accused appeared before the Court in accordance with section 9(7) of the Bail Act 1997 and the Court was satisfied that the said accused had contravened a condition of the recognisance namely………………………………………….
And the Court made an order under section 9(1)(i) of the Bail Act 1997 estreating the said recognisance in the amount of €…… against ………………, the above-named *accused,……………/†surety……………, and ordering that the said sum be paid by the said ……………….. within a period of ..................... in default of payment a warrant for the committal of ……………………….. to prison to be issued.
AND WHEREAS notice pursuant to section 9(9) of the Bail Act 1997 was given to the above-named *accused, ................. / †surety .................., by ……………on the …………day of ……………..20… of the making of the said order under section 9(1)(i) of the Bail Act 1997 and stating that an application to vary or discharge the order may be made to the Court within 21 days from the date of the issue of the notice.
*AND WHEREAS at a sitting of the Court on the …….day of ……..20…. the Court made an order under section 9(10) of the Bail Act 1997 varying the said order of estreatment by ordering that the said recognisance be estreated in the amount of €……… against …………, the above-named *accused, ……… / †surety…………., and ordering that the said sum be paid by the said ……………….. within a period of ..................... in default of payment a warrant for the committal of ……………………….. to prison to be issued.
AND WHEREAS the said order made on the ….day of ………20… *(as varied on the …. day of ………20…) has not been complied with
THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ............................................... of .............................................................. and to lodge him/her in the prison at .................................................... to be imprisoned there for the period of ............................................ unless the said sum of €............ be sooner paid.
Dated this........... day of .....................20........
*delete where inapplicable
†applies only to a surety
_______
O. 86C, r. 15(1)
COURT OF APPEAL
CRIMINAL
NOTICE OF ABANDONMENT
The People at the suit of the Director of Public Prosecutions.
v.
…………………………………
I, ....... having been convicted of ....... at ....... and having duly sent to the Court of Appeal a notice of appeal against my said conviction and/or sentence, hereby give you notice that I do not intend further to prosecute my appeal, and that I hereby abandon all further proceedings in regard thereto as from the date hereof.
Dated
(Signed)
(Witness)
To the Registrar of the Court of Appeal.
_______
O. 86C, r. 16(2)
COURT OF APPEAL
CRIMINAL
ORDER TO WITNESS TO ATTEND BEFORE THE COURT FOR EXAMINATION.
The People at the suit of the Director of Public Prosecutions
v.
…………………………………
To .......
of .......
You are ordered to attend before the Court of Appeal on the ....... day of ....... 20..., at ……………. at ....... o'clock in the ....... noon to give evidence on behalf of ....... [add if required:] and also to bring with you and produce at the time and place aforesaid [specify documents to be produced].
Dated
(Signed)
Registrar
_______
O. 86C, r. 16(5)
COURT OF APPEAL
CRIMINAL
NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER FOR EXAMINATION.
The People at the suit of the Director of Public Prosecutions
v.
…………………………………
To .......
of .......
Take notice that you are ordered by the Court of Appeal to attend before ......., the Examiner appointed by the said Court, on the ....... day of ....... 20..., at ....... at ……..o'clock in the ....... noon to give evidence on behalf of ....... [add if required:] and also to bring with you and produce at the time and place aforesaid [specify documents to be produced].
Dated
(Signed)
Registrar
_______
O. 86C, r. 16(7)
CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE EXAMINER.
_______
COURT OF APPEAL
CRIMINAL
The People at the suit of the Director of Public Prosecutions
v.
…………………………………
The deposition taken before the undersigned, being an Examiner duly appointed by the Court of Appeal in that behalf, of ....... of ....... examined before me under an order of the said Court dated the ....... day of ....... 20 ......., in the presence of the said ....... appellant [or his counsel and solicitor] and counsel [or solicitor] for the Director of Public Prosecutions at ....... on the ....... day of ....... 20….
The appellant personally [or by his counsel or solicitor] and counsel (or solicitor] for the Director of Public Prosecutions had full opportunity of asking questions of the said witness, to whom the deposition was read by me before being signed by the said witness.
The deposition of ....... of ....... who (upon oath duly administered by me) says as follows:—
[here follows deposition]
(Signed)
[Witness].
Taken before me this ....... day of ....... 20 ....... .
Examiner.
_______
O. 86C, r. 20(1)
COURT OF APPEAL
CRIMINAL
NOTICE OF RESULT OF APPEAL
The People at the suit of the Director of Public Prosecutions
v.
…………………………………
Take notice that the Court of Appeal has this day given judgment to the effect following, viz.:
Dated
(Signed)
Registrar
_______
O. 86C, r. 21(1)
[NAME OF COURT]
CERTIFICATE ON QUASHING OF CONVICTION OR VARIATION OF SENTENCE
(Section 96(4), Criminal Justice Act 2006)
The People at the suit of the Director of Public Prosecutions
-v-.
.....................
Bill No ...............
*Court of Appeal/*Supreme Court number……………..
Name of person convicted ............
Address of person convicted ..............
Date of birth of person convicted ...........
Date of Conviction .............
Court of trial ................
Date of determination of appeal ...........
|
Offence(s) of which the person was originally convicted |
Effect of appeal court’s decision on conviction |
Sentence(s) following appeal court’s decision |
|
... |
... |
... |
This is to certify for the purposes of Part 9 of the Criminal Justice Act 2006 that the above named defendant’s *conviction of the above offence(s) was quashed *sentence(s) for the above offence(s) was/were varied on the above date.
.................
Date
..................
Registrar
* Delete/Insert as appropriate
_______
[NAME OF COURT]
CERTIFICATE (SECTION 14, SEX OFFENDERS ACT 2001)
O. 86C, r. 21(2)
The People at the suit of the Director of Public Prosecutions -
-v-
......................
Bill No ...............
*Court of Appeal/*Supreme Court number……………..
Name of person convicted ............
Address of person convicted ..............
Date of birth of person convicted ...........
Date of Conviction .............
Court of trial ................
Date of determination of appeal ...........
|
Offence(s) of which the person was originally convicted |
Effect of Court of Appeal’s decision on conviction |
Sentence(s) following decision |
|
... |
... |
... |
The effect of the determination of the decision of the Court of Appeal is that the above named defendant has become subject to the requirements of Part 2 of the Sex Offenders Act 2001
………………………….. …………………………………….
Date Registrar
* Delete/Insert as appropriate
_______
O. 86C, r. 22
COURT OF APPEAL
CRIMINAL
NOTICE OF MOTION
The People at the suit of the Director of Public Prosecutions
v.
……………….
Take notice that I the above-named ....... will apply to the Court of Appeal on the …..day of ………20….. at ……..o’clock
For the following order(s):
On the following grounds:
Dated
(Signed)
To: Registrar of the Court of Appeal
And to: (Solicitor for) Appellant/applicant/Chief Prosecution Solicitor
_______
O. 86D, r. 3(1)
COURT OF APPEAL
MILITARY
NOTICE OF APPEAL
To the Registrar of the Court of Appeal
Particulars of Appellant
No ................................. Rank ................................... Name .........................................
Unit ................................
Type of court-martial .............................................................
(summary, limited or general)
Place at which held ....................................Date(s) held ............................................
Date of promulgation of finding...............................................................
Date of promulgation of sentence (if any)...............................................................
Offence(s) of which *charged/*convicted ..............................................................................................................................................................................................................................................................................................................................................................................................................................
Sentence (if any) ..............................................................................................................................................................................................................................................................................................................................................................................................................................
The above-named accused person,
*having been convicted by a court-martial of the offence(s) mentioned and *(being now a prisoner in ........................................) *(now living at……………………….)
*in respect of whom a finding was made under section 202 of the Defence Act 1954 that he was unfit to take his trial
*in respect of whom a special finding was made under section 203 of the Defence Act 1954 that he was not guilty by reason of insanity of the offence charged
*in respect of whom a decision was made by the said court-martial *[not] to make an order of committal under *section 202(1)(b) *section 203(2) of the Defence Act 1954
Now I, the above-named appellant, *[or the Director of Military Prosecutions]
do hereby give you notice of appeal to the Court of Appeal against:
*said conviction and/or sentence
*said finding
*said decision
on the grounds hereinafter set forth:
GROUNDS OF APPEAL
Dated: ......................................................... Signed:........................................................
(or mark) Appellant
Signature and address of witness attesting mark .........................................................................................................................
NOTE: An appellant (other than the Director of Military Prosecutions) should answer the following question:
Does the appellant desire to be present at the hearing of his appeal?
*delete if inapplicable
____________
O. 86D, r.5
COURT OF APPEAL
MILITARY
NOTICE THAT NOTICE OF APPEAL HAS BEEN RECEIVED BY THE REGISTRAR
Particulars of Appellant
No .......................................... Rank. ................................ Name....................................
Unit ........................................
This is to give you notice that the above-named appellant, who was convicted by *the summary, *a limited *a general court-martial on the.............. day of ..................... 20.............., has lodged a notice of appeal against the *(finding and) sentence
Dated: ..........................................................................................................
Signed: ........................................................................................................
Registrar of the Court of Appeal
To:
the Director of Military Prosecutions at……
the Court-Martial Administrator at…………..
the Deputy Chief of Staff (Support) of the Defence Forces at…………..
*the Governor of the prison/detention barrack at…………..
the Secretary General of the Department of Defence at…………..
*delete if inapplicable
___________
O. 86D, r. 6(1)
COURT OF APPEAL
MILITARY
NOTICE OF APPLICATION FOR REVIEW OF SENTENCE
To the Registrar of the Court of Appeal
Particulars of Person Convicted:
No ................................. Rank ................................... Name .........................................
Unit ................................
Type of court-martial: .............................................................
(summary, limited or general)
Place at which held ....................................Date(s) held ............................................
Date of promulgation of finding: ...............
Date of promulgation of sentence:.....................................
Offence(s) of which convicted:...................................................................................................................................................................................................................................................................
Sentence:.....................................................................................................................................................................................................................................................................
It appearing to the Director of Military Prosecutions that the sentence awarded by the above court-martial to the above-named convicted person, he/she having been convicted by said court-martial of the offence(s) mentioned and *(being now a prisoner in ................................... )*(now residing at ....................................................) was unduly lenient, the Director of Military Prosecutions hereby gives you notice of an application to the Court of Appeal to review the said sentence on the grounds hereinafter set forth:
GROUNDS OF APPLICATION
[Include, as appropriate:
- any fact or circumstance which it is alleged was taken into consideration by the court-martial in imposing sentence but was not relevant to the case;
- any fact or circumstance which it is alleged was relevant to the case but was not taken into consideration by the court-martial in imposing sentence.]
Dated: .........................................................
Signed:........................................................
For Director
To: the above-named convicted person at………
And to: the Court-Martial Administrator at…………………
*delete if inapplicable
___________
O. 86D, r 8(2)
COURT OF APPEAL
MILITARY
NOTICE OF APPLICATION FOR ENLARGEMENT OF TIME WITHIN WHICH TO APPEAL
To the Registrar of the Court of Appeal
Particulars of Appellant
No ................................. Rank ................................... Name .........................................
Unit ................................
Type of court-martial .............................................................
(summary, limited or general)
Place at which held ....................................Date(s) held ............................................
Date of promulgation ...............................................................
Offence(s) of which convicted ......................................................................................................................................................................................................................................................................................................
Sentence ......................................................................................................................................................................................................................................................................................................
I, the above-named applicant, having been convicted by a court-martial of the offence(s) mentioned and *(being now a prisoner in .....................................) *(living at ........................................................................) give you notice that I will apply to the Court of Appeal for an enlargement of the time within which I may give notice of appeal. The grounds on which I apply for such enlargement are as follows:
The grounds on which I propose to base my appeal are as follows:
Dated .......................................................
Signed ..........................................................
(or mark) Applicant
Signature and address of witness attesting mark ..................................................................................................................................
NOTE:
The applicant should answer the following question:
Does the applicant desire to be present at the hearing of his application for an enlargement of the time within which to give such notice as aforesaid?
*delete if inapplicable
______________
O. 86D, r 16(1)
COURT OF APPEAL
MILITARY
NOTICE OF APPLICATION BY APPELLANT FOR SUSPENSION OF THE OPERATION OF A CUSTODIAL SENTENCE PENDING APPEAL
To the Registrar of the Court of Appeal
Particulars of Appellant
No ................................. Rank ................................... Name .........................................
Unit ................................
I, the above-named appellant, having been convicted by *the summary, *a limited *a general court-martial, being now a prisoner in ................................................................ and having given notice of appeal to the Court of Appeal, do hereby give you notice that I will apply to such Court to have the operation of the sentence of ....................................... passed on me suspended pending the determination of my appeal on the following grounds:—
Dated: ...................................................................
Signed: .................................................................
NOTE:
The applicant should answer the following question:
Does the applicant desire to be present at the hearing of his application to have the operation of the sentence passed on him suspended pending the determination of his appeal?
*delete if inapplicable
____________
O. 86D, rr 16(4) and 16(5)
COURT OF APPEAL
MILITARY
WARRANT FOR ARREST OF APPELLANT WHOSE SENTENCE HAS BEEN SUSPENDED
Particulars of Appellant
No ................................. Rank ................................... Name .........................................
Unit ................................
To the Commissioner and members of the Garda Síochána and the Governor of .................................................................. Prison (or Detention Barrack).
Whereas the above-named appellant had the operation of the sentence passed on him suspended, and it has now been ordered that a warrant be issued for the arrest of the said appellant.
YOU ARE HEREBY COMMANDED to arrest the said appellant and to bring him to the said Prison or Detention Barrack, and there deliver him with this warrant into the custody of the said Governor and you, the said Governor, are hereby required to receive the said appellant into your custody and safely to keep him until further order of the Court of Appeal.
Dated: ....................................................................................
Signed: ..................................................................................
Registrar
_________
O. 86D, r. 17(1)
COURT OF APPEAL
MILITARY
NOTICE OF APPLICATION BY APPELLANT FOR BAIL PENDING APPEAL
To the Registrar of the Court of Appeal
Name of Appellant: .......................................................................................................,
I, the above-named appellant, having been convicted by the summary court-martial (or a limited court-martial or a general court-martial), being now a prisoner in ............................................................. and having given notice of appeal to the Court of Appeal, do hereby give you notice that I will apply to such Court for bail *(with sureties) on the following grounds:-
*The under-mentioned persons are willing to become sureties for my presence at the hearing and determination of the appeal in the sum of € .......................... each.
Name of surety ...............................................................................................................
Occupation ......................................................................................................................
Address ............................................................................................................................
Name of surety ...............................................................................................................
Occupation ......................................................................................................................
Address ............................................................................................................................
Dated: ................................................................
Signed: ..............................................................
*delete if inapplicable
________
O. 86D, r. 17(5)
COURT OF APPEAL
MILITARY
RECOGNISANCE PENDING APPEAL TO COURT OF APPEAL
Name of Appellant ..........................................................................................................
Be it remembered that whereas ................................................................................
was convicted by *[the summary court-martial] *[a limited court-martial] *[a general court-martial], and was thereupon sentenced to .................................................. and now is in lawful custody and having duly appealed against his conviction and sentence to the Court of Appeal and having been granted bail pending the determination of his appeal on entering into his own recognisance *(in the sum of € ........) with two sufficient sureties each in the sum of € ………...
the said
............................................ of .........................................................(occupation) .................................................. of ...................................................(occupation)
and
................................................ of ...................................……….(occupation) personally come before the undersigned and severally acknowledge themselves to owe to the State the said several sums to be levied off their several goods and chattels, lands and tenements respectively to the use of the Minister for Finance if he the said ..........................................................fail in the condition indorsed hereon.
Principal party .........................................
Taken and acknowledged this ...................... day of................................ 20 .......,
at ..................................... before me, ........................ a…………………………..
*Surety .......................................................
*Surety .......................................................
Taken and acknowledged this ...................... day of................................ 20 .......,
at ..................................... before me, ........................ a Judge of the District Court.
CONDITION
The condition of the within written recognisance is such that if he the said ........................ shall personally appear and surrender himself at and before the Court of Appeal at each and every hearing of his appeal and at the final determination thereof and abide by the judgment of the Court of Appeal and not depart or be absent from the Court of Appeal at any such hearing without leave and in the meantime shall not depart out of the area to which the jurisdiction of the Court of Appeal extends then this recognisance shall be void, otherwise it shall be of full force and effect.
The following to be filled in by the appellant and signed by him:—
When released on bail my residence to which any notices, etc., are to be addressed will be as follows:—
(Signed) ....................................................
Appellant
*delete if inapplicable
________
O. 86D, r. 17(5)
COURT OF APPEAL
MILITARY
CERTIFICATE OF SURETY
Name of Appellant ......................................................................................
This is to certify that you .......................................................................................
of .............................................................................................................................
whose signature is below have been accepted by the District Court on this ...................... day of ................................. 20 ........................., as surety for the above-named ............................. in the sum of € ................. in a recognisance the condition whereof is that…………………………………
(Signed) ...................................................................
District Court Clerk
I acknowledge that the above certificate is correct.
(Signed) ...................................................................
Surety
___________
O. 86D, r. 17(6)
COURT OF APPEAL
MILITARY
NOTICE OF PERFECTION OF RECOGNISANCE
Name of Appellant ...................................................................................................
To the Governor of ....................................................................................................
Take notice that (names and addresses) have this day, pursuant to an order of the Court of Appeal herein dated the ................ day of .............................................. 20......................, entered into recognisances (state amounts) the condition of such recognisances being that:………………………..
Dated .....................................................................
(Signed) ..................................................................
District Court Clerk
___________
O. 86D, rr. 17(11) and 17(16)
COURT OF APPEAL
MILITARY
WARRANT FOR ARREST OF APPELLANT ON BAIL
Name of Appellant ...................................................................................................
To the Commissioner and members of the Garda Síochána and the Governor
of ...............................................................................................................................
Prison (or Detention Barrack).
Whereas ........................................... was released on bail, and it has now been ordered that a warrant be issued for the arrest of the said .................................................
YOU ARE HEREBY COMMANDED to arrest the said ............................................... and to bring him to the said Prison (or Detention Barrack) and there deliver him with this warrant into the custody of the said Governor and you, the said Governor, are hereby required to receive the said ................................... into your custody and safely to keep him until further order of this Court.
Dated .....................................................................
(Signed) .................................................................
Registrar
__________
O. 86D, rr. 17(13) and 17(14)
COURT OF APPEAL
MILITARY
INFORMATION FOR ARREST OF APPELLANT
Name of Appellant ..................................................................................................
The information of ....................................................................of ........................................................................
who says on oath:—
1. I, ..........................................................................., do say that the above-named having been granted bail by the Court of Appeal, himself in the sum of €.......... and with ................................................ surety in the sum of €..........., was released on such bail on condition that:
*2. I became surety for the performance of the said condition by the said ..................... in the sum of € ....................................... . I suspect that the said .................................... is about to contravene a condition of his recognisance, namely………………………. and I therefore desire to surrender the said .................................... into custody and thereby discharge myself from my said recognisances.
OR
*2. I am a member of the Garda Síochána.
*I suspect that the said .................................... is about to contravene a condition of his recognisance, namely……………………….
*The said ............................. has contravened a condition of his recognisance, namely………………….,
3. I believe that the said ................. is now at ...................................................................................................
*The basis for such suspicion
*The basis for my so saying
is as follows:-
I therefore pray for a warrant for the arrest of the said…………………………
Signed…………………………………….
Informant
SWORN before me this ….. day of …………………… 20….
Signed…………………………………….
*delete where inapplicable
_________
O. 86D, rr. 17(13) and 17(14)
COURT OF APPEAL
MILITARY
WARRANT ON INFORMATION OF *SURETY *GARDA SÍOCHÁNA
Name of Appellant …......................................................................................................
To the Commissioner and members of the Garda Síochána.
Whereas from the information on oath and in writing sworn on this day before M…Justice ………..of the Court of Appeal by ........................................................of .......................................................................
THE COURT BEING SATISFIED
that the said appellant .......................................... having been released on bail by the Court of Appeal on recognisances the condition whereof was that ............................................................. and that
*the said *informant *surety ........................... suspects that the said appellant………………………..is about to contravene a condition of his recognisance,
*the said appellant........................................ has contravened a condition of his recognisance, and that the said appellant ........................... is believed to be at .............................................................................
YOU ARE HEREBY COMMANDED to arrest the said ..................................... and to bring him before the Court of Appeal sitting at the Criminal Courts of Justice, Parkgate Street, Dublin to the intent that he may be committed to .............................and there to be detained according to law.
Dated ...............................................................
(Signed) .......................................................
Registrar
*delete if inapplicable
________
O. 86D, r. 17 (15)
COURT OF APPEAL
MILITARY
COMMITTAL OF APPELLANT ON *SURETY’S *GARDA SÍOCHÁNA’S INFORMATION
Name of Appellant ….......................................................................................................
To the Superintendent of the Garda Síochána at .............................................................
and to the Governor of ....................................................................................................
Whereas on the .................. day of ............................................................20................, an information was sworn before M…Justice ……………………of the Court of Appeal by
*..................................... as surety upon an application by said surety for a warrant for the apprehension of the above-named appellant,........................................, that he being a prisoner released on bail by the Court of Appeal was suspected of being about to contravene a condition of his recognisances and that the said surety........................................... was then desirous of surrendering the said appellant.
*.................................................. a member of the Garda Síochána upon an application by said member for a warrant for the apprehension of the above-named appellant,................................................, that he being a prisoner released on bail by the Court of Appeal *was suspected of being about to contravene a condition of his recognisances *had contravened a condition of his recognisances.
And whereas the said appellant .................................................. being now before the Court of Appeal *and surrendered by the said surety ................................................. in discharge of his recognisance
You are therefore hereby commanded forthwith to deliver the said............................... to the Governor of.................................... together with this warrant of committal and you, the said Governor, are required to receive the said..........................into your custody and safely to keep him according to law.
Dated .........................................................
(Signed) .......................................................
Registrar
*delete if inapplicable
________
O. 86D, r. 20(1)
COURT OF APPEAL
MILITARY
NOTICE OF ABANDONMENT
Particulars of Appellant
No .......................................... Rank ................................ Name....................................
Unit ........................................
I, ........................................................................ having been convicted by the summary court-martial (or a limited court-martial or a general court-martial), and having duly sent to the Court of Appeal a notice of appeal against my said conviction and/or sentence, do hereby give you notice that I do not intend further to prosecute my appeal, and that I hereby abandon all further proceedings in regard thereto as from the date hereof.
Dated ................................................................
(Signed) ..............................................................
(or mark) Appellant
Signature and address of witness......................................................................................
To the Registrar of the Court of Appeal.
__________
O. 86D, r. 21(1)
COURT OF APPEAL
MILITARY
APPLICATION FOR ORDER FOR ATTENDANCE OF WITNESS
Particulars of Appellant
No .......................................... Rank................................ Name....................................
Unit ........................................
Take notice that the above named appellant ............................................................. will apply to the Court of Appeal for an order for the attendance and examination before such Court of the witness hereinafter specified, viz:
1. Name and address of witness:
..........................................................................................................................................
2. Whether such witness has been examined at the trial:
..........................................................................................................................................
3. If not, the reason why he was not so examined:
.........................................................................................................................................
4. On what matters it is proposed to examine him:
There is lodged herewith an affidavit of the said witness of the evidence which he proposed to give, and the reason why he did not give evidence at the trial.
Dated ....................................................................
(Signed) ................................................................
To the Registrar of the Court of Appeal
and to the Director of Military Prosecutions.
_______
O. 86D, r. 21(2)
COURT OF APPEAL
MILITARY
ORDER TO WITNESS TO ATTEND BEFORE THE COURT FOR EXAMINATION
Particulars of Appellant
No .......................................... Rank................................ Name....................................
Unit ........................................
To:..................................................................................................................................
Of……...........................................................................................................................
You are ordered to attend before the Court of Appeal on the .................... day of .................. 20 ................, at the Criminal Courts of Justice, Parkgate Street, Dublin at ....... o'clock in the ............... noon to give evidence on behalf of ..................(add if required) and also to bring with you and produce at the time and place aforesaid (specify documents to be produced).
Dated ............................................................
(Signed) ...........................................................
Registrar
__________
O. 86D, r. 21(5)
COURT OF APPEAL
MILITARY
NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER FOR EXAMINATION
Particulars of Appellant
No .......................................... Rank ................................ Name....................................
Unit ........................................
To: ..................................................................................................................................
of ....................................................................................................................................
Take notice that you are ordered by the Court of Appeal to attend at ......................….before ............................................, the Examiner appointed by the said Court, on the ......................... day of 20.............., at .................... o'clock in the ............ noon to give evidence on behalf of ................................. (add if required) and also to bring with you and produce at the time and place aforesaid (specify documents to be produced).
Dated ....................................................................
(Signed) .................................................................
Registrar
_______
O. 86D, r. 21(7)
CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE EXAMINER
COURT OF APPEAL
MILITARY
Particulars of Appellant
No .......................................... Rank................................. Name....................................
Unit ........................................
The deposition taken before the undersigned, being an Examiner duly appointed by the Court of Appeal in that behalf of ..................................................... of ..........................................., examined before me under an order of the said Court dated the ........ day of ........................................... 20....................., in the presence of the said ....................................................... appellant (or his counsel and solicitor) and counsel (or solicitor) for the Director of Military Prosecutions at ..................................... on the .......... day of ........................ 20 ............
The appellant personally (or by his counsel or solicitor) and counsel (or solicitor) for the Director of Military Prosecutions had full opportunity of asking questions of the said witness, to whom the deposition was read by me before being signed by the said witness.
The deposition of ............................................. of ............................................... who (upon oath duly administered by me) says as follows:—
(here follows deposition)
(Signed) ............................................................
(Witness)
Taken before me this ................. day of ................................................ 20.........
......................................................................................
Examiner
_________
O. 86D, r. 24(1)
COURT OF APPEAL
MILITARY
NOTICE OF RESULT OF APPEAL
Particulars of Appellant
No .......................................... Rank................................ Name....................................
Unit ........................................
Take notice that the Court of Appeal has this day given judgment to the effect following, viz:
To the Appellant of ……………………………
And to the Director of Military Prosecutions
And to the Court-Martial Administrator
And to the Deputy Chief of Staff (Support) of the Defence Forces
And to the Secretary, Department of Defence.
Dated .........................................................................
(Signed) ...............................................................
Registrar
______
O. 86D, r. 25
COURT OF APPEAL
MILITARY
NOTICE OF APPLICATION
Particulars of Appellant
No .......................................... Rank................................ Name....................................
Unit ........................................
Take notice that I the above-named appellant will apply to the Court of Appeal for ..................................................................................................... on the following grounds:—
Dated ............................................................
(Signed) ........................................................
To: the Registrar
and to: the Director of Military Prosecutions
______
O. 87, r. 6
COURT OF APPEAL
CERTIFICATE THAT NO APPEAL IS PENDING.
I certify that there is not pending in the Court of Appeal any appeal by or on behalf of ....... against any conviction or sentence by the ....... Court.
Dated
(Signed)
Registrar