District Court Rules
Schedule: B - Forms in criminal proceedings Form: 21.8 Notice of application - Criminal Justice (Mutual Assistance) Act 2008, s. 62(1) / s. 67(2) / s. 73(1) / s. 77(1)
S.I. No. 94 of 2010
SCHEDULE B
O.21, r.3 (2).
No. 21.8
CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008, *section 62(1) *section 67(2) *section 73(1) *section 77(1)
NOTICE OF APPLICATION
District Court Area of
District No.
......................................... .Prosecutor
.......................................... Accused
.......................................... Applicant
WHEREAS *criminal proceedings have been instituted against the above-named accused *a criminal investigation is taking place in the State
Assistance is sought from a person namely, ................, of ..............., in a designated state (within the meaning of the above-named Act of 2008) in obtaining the following evidence namely, .................................., for use in the said *proceedings *investigation.
TAKE NOTICE that the *Director of Public Prosecutions / *person charged in the said proceedings, of ...................... intends to apply to the District Court sitting at .................................. on the.... day of ........ 20.... at .............. a.m./p.m. for the issue of a letter of request (in the form of the attached draft or in such other form as the Judge shall consider appropriate) under section 62(1) of the above-mentioned Act of 2008 requesting assistance in obtaining the said evidence.
OR
WHEREAS (a) criminal proceedings have been instituted in the State against the above-named accused, (b) a witness in the proceedings, namely, .............. of ..................., is in a designated state (within the meaning of the above-named Act of 2008), and (c) it is not desirable or possible for the said witness to give evidence in person.
TAKE NOTICE that the *Director of Public Prosecutions / *person charged in the said proceedings, of ........................ intends to apply to the District Court sitting at ................... on the .... day of ................. 20 .... at .............. a.m./p.m. for the issue of a letter of request (in the form of the attached draft or in such other form as the Judge shall consider appropriate) under section 67(2) of the above-mentioned Act of 2008 requesting the provision of facilities in the designated state concerned to enable the witness to give evidence in the proceedings through a live television link.
OR
WHEREAS *criminal proceedings have been instituted against the above-named accused *a criminal investigation is taking place
Evidence for the purposes of the *proceedings *investigation may be obtained at a place in a designated state (within the meaning of the above-named Act of 2008) namely, .............., at ..........
TAKE NOTICE that the *Director of Public Prosecutions / *person charged in the said proceedings of ............................ intends to apply to the District Court sitting at .......................... on the .... day of ................. 20 .... at .............. a.m./p.m. for the issue of a letter of request (in the form of the attached draft or in such other form as the Judge shall consider appropriate) under section 73(1) of the above-mentioned Act of 2008 requesting assistance in obtaining the said evidence.
OR
WHEREAS *criminal proceedings have been instituted against the above-named accused *a criminal investigation is taking place
Identification evidence (within the meaning of section 76 of the above-named Act of 2008) namely, ........................, is sought in respect of a person namely, .............., of ...................., from an authority in a designated state (within the meaning of the above-named Act of 2008) namely, ..................., for the purposes of the said *proceedings *investigation.
TAKE NOTICE that the *Director of Public Prosecutions / *person charged in the said proceedings, of .............................. intends to apply to the District Court sitting at ........................ on the .... day of .......... 20 .... at .............. a.m./p.m. for the issue of a letter of request (in the form of the attached draft or in such other form as the Judge shall consider appropriate) under section 77(1) of the above-mentioned Act of 2008 requesting assistance in obtaining the said evidence.
Dated this ........ day of .................. 20 ........
Signed ......................................
Applicant or Solicitor for Applicant
*To ................ at ................
To District Court Clerk at
*Delete where inapplicable
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