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Appendix of Draft Courts Acts

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Appendix of Draft Courts Acts APPENDIX WORKING DRAFT CONSOLIDATED COURTS BILL ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY AND GENERAL 1. Short Title 2. Commencement 3. Definitions PART 2 CONSTITUTION OF COURTS Chapter 1 The Supreme Court 4. Continuance of existing Supreme Court 5. Constitution of the Supreme Court Chapter 2 The Court of Criminal Appeal 6. Continuance of existing Court of Criminal Appeal 7. Constitution of the Court of Criminal Appeal 8. Power to Attorney General to send forward for trial Chapter 3 The High Court 9. Continuance of existing High Court 10. Constitution of the High Court 11. Central Criminal Court 12. The High Court on Circuit 13. Commissioners of the High Court on Circuit 14. The judges of the High Court on Circuit Chapter 4 The Circuit Court 1 15. Continuance of existing Circuit Court 16. Constitution of the Circuit Court Chapter 5 The District Court 17. Continuance of existing District Court 18. Constitution of the District Court 19. The Children's Court Chapter 6 Miscellaneous 20. Supplemental Provisions on number of judges PART 3 JURISDICTION OF COURTS Chapter 1 Jurisdiction exercisable by Courts 21. Jurisdiction to bind to the peace or to good behaviour 22. Compensation for mental distress in fatal accidents 23. Variation of order of certain monetary limits Chapter 2 The Supreme Court 24. General Jurisdiction of the Supreme Court 25. Vesting of powers of Court Martial Appeal Court in Supreme Court 26. Vesting of powers of Court of Criminal Appeal in the Supreme Court Chapter 3 The Court of Criminal Appeal 27. Jurisdiction of Court of Criminal Appeal 28. Review by Court of Criminal Appeal of alleged miscarriage of justice or exclusive sentence Chapter 4 The High Court 29. General Jurisdiction of the High Court 30. Jurisdiction of the High Court in lunacy and minor matters 31. Cases which may be disposed of by the Central Criminal Court 32. Criminal Jurisdiction of the Central Criminal Court 2 Chapter 5 The Circuit Court 33. Definitions 34. Jurisdiction of the Circuit Court, except in applications for new on- licences and in indictable offences 35. What may be determined under Civil Bill 36. In what courts proceedings shall be taken 37. Jurisdiction of Circuit Court in applications for new on-licences 38. Jurisdiction of Circuit Court in certain remitted actions 39. Jurisdiction of Circuit Court in indictable offences 40. Section 27 to apply to indictments in Circuit Court 41. Jurisdiction of Circuit Court to remand accused to alternative circuit and to hear applications Chapter 6 The District Court 42. Jurisdiction transferred to the District Court 43. Jurisdiction of the District Court 44. Jurisdiction of the District Court 45. Additional jurisdiction of the District Court 46. Jurisdiction of Circuit Court and District Court under Family Law (Maintenance of Spouses and Children) Act 1976 47. Exercise of jurisdiction in desertion cases 48. Order under Debtor's Act (Ireland) 1872 49. Jurisdiction of District Court and place of remand 50. Exercise by the [Judges] severally of jurisdiction 51. Exercise of jurisdiction by District Court judges in criminal cases 52. Venue in relation to certain jurisdictions of Circuit Court and District Court PART 4 CIRCUITS AND DISTRICTS OF COURTS Chapter 1 The High Court Circuit 53. High Court Circuits 54. High Court Circuits Chapter 2 The Circuit Court 55. Powers to alter divisions 56. Circuits and the Circuit Court 57. Assignment of judges of the Circuit Court to circuits 58. Duties and powers of Circuit Court Judges temporarily assigned to circuits 59. Alteration of circuits 3 Chapter 3 District Court 60. Definitions 61. Permanent assignment of district court judges to districts 62. The Dublin Metropolitan area and the Dublin District 63. Number of [judges] permanently assigned to districts 64. Power of [district judge] to deal with urgent cases of summary jurisdiction in any part of his district 65. Power to create, vary, abolish districts and areas 66. Temporary assignment of districts to district [judges] and temporary district [judges] 67. District [judge] acting in certain cases for another district [judge] who is permanently assigned to a district 68. District court areas and districts and assignment of [judges] to districts 69. Exercise of certain powers by judge of the District Court outside district court district PART 5 APPEALS Chapter 1 The Supreme Court 70. Reference of question of law to the Supreme Court 71. Appeal in remitting applications Chapter 2 The Court of Criminal Appeal 72. Summary Determination 73. Leave to appeal 74. Hearing of appeal 75. Jurisdiction to affirm or reverse conviction 76. Decision of Court of Criminal Appeal final save on certificate of Court or of Attorney General (or of Director of Public Prosecutions) 77. Interlocutory applications Chapter 3 The High Court 78. Appeal from Central Criminal Court 79. Appeal from Central Criminal Court 80. Forms of appeal in jury cases 81. Miscellaneous provisions in relation to appeals 82. Case stated by the High Court 4 Chapter 4 The Circuit Court 83. Appeals from the Circuit Court in civil cases heard without oral evidence 84. Appeals from the Circuit Court in cases not otherwise provided for 85. Amendment of Courts of Justice Act 1936 86. The Dublin Circuit 87. Appeals from Circuit court in workmen's compensation cases 88. Finality of decisions of Circuit Court in certain cases 89. Appeal towns 90. Amendment of Courts of Justice Act 1936 91. Finality of decisions on appeals under this Part of the Act 92. Miscellaneous provisions in relation to appeals 93. Appeal in all cases tried on indictment 94. Case stated by Circuit Judge Chapter 5 The District Court 95. Appeals from the District Court in criminal cases against sentence only 96. Appeal from order under Probation of Offenders Act 1907 97. Appeals from the District Court in criminal cases 98. Appeal in civil cases 99. Appeal in licensing cases 100. Appeal from conviction in licensing matters from District Court 101. Appeals in licensing and club cases 102. Extension of section 2 of Summary Jurisdiction Act 1857 103. Judges on application of a Party aggrieved to state a Case for the Opinion of a Superior Court 104. Security and Notice to be given by the Appellant 105. Judges may refuse a Case where they think the application is frivolous 106. Superior Court to determine the Question on the case 107. Case may be sent back for amendment 108. Case stated or appeal to be in form, etc prescribed by rules 109. Powers of Superior Court may be exercised by a Judge at Chambers 110. After the Decision of the Superior Court [Judges] may issue Warrants 111. Certiorari not to be required for Proceedings under this Act 112. Appellants under this Act are not allowed to appeal to the Circuit Court 113. Case stated for High Court on question of law PART 6 JUDICIAL POSTS Chapter 1 Provisions applicable all judges 114. Vacation of certain offices before appointment to judicial office 115. Vacation of judicial office and filling of vacancy 116. Completion of partly heard cases by judges appointed to higher court 5 117. Consequences of membership of Law Reform Commission 118. Periods of practice as barrister and solicitor reckonable Chapter 2 Judges of the Superior Courts 119. Precedence between judges 120. Mode of address 121. Preservation of judicial control of court business 122. Judge to have jurisdiction to hear all cases, but no judge to hear appeal from order made by himself 123. The Judicial Commissioners of the Irish Land Commission 124. Qualifications of judges of Supreme Court and High Court 125. Retirement age of judge of Supreme Court and High Court Chapter 3 High Court Judges 126. Rota of judges for election petitions Chapter 4 Judges of the Circuit Court 127. Judge of the Circuit Court acting outside his own Circuit 128. Power of Circuit Judge assigned to a particular circuit to hear and determine urgent applications outside his circuit 129. Duties and powers of Circuit Judges temporarily assigned to circuits 130. Modes of Address and precedence of judges 131. Tenure of office 132. Ex-officio judge of the Circuit Court 133. Appointment of persons to act temporarily as additional judges of the Circuit Court 134. Qualifications of judges of the Circuit Court 135. Qualifications of judges of the Circuit Court 136. Circuits comprising Irish speaking districts 137. Age of retirement Chapter 5 Judges of the District Court 138. Tenure of office of Judges 139. Appointment of persons to act temporarily as additional judges of the District Court 140. Qualifications of [judges] of District Court and interpretation of section 2 of the Act 1949, as applied to section 48 of this Act 141. Court Districts comprising Irish speaking areas 142. Business of District Court in Dublin Metropolitan District 143. Age of retirement of [Judge] of District Court 144. Power to extend retirement age of certain [judges] 6 Chapter 6 Presiding Judges 145. Appointment of Chief Justice, etc 146. Interpretation 147. Appointment of presiding judges 148. Former presiding judges and vacancies in relevant court 149. Ex-officio membership of courts 150. Functions exercisable by presiding judges 151. References to senior ordinary judge 152. Assignment of former Presidents of the District Court 153. Temporary discharge of duties of certain judges Chapter 7 Powers of Presiding Judges 154. Administration of Supreme Court 155. Interview of District Court Judge on conduct by Chief Justice 156. Judicial Inquiry into the health or conduct of [Judges] 157. Jurisdictions transferred to Chief Justice 158. Jurisdiction of Chief Justice and President of the High Court 159. Powers of President of the Circuit Court 160. General powers of President of the District Court 161. Qualifications for appointment as President of the District Court and assignment PART 7 OFFICERS OF THE COURT Chapter 1 General 162.
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