Court of Appeal Act 2014

• (a) in subsection (1), by the substitution of “may, without prejudice to the verdict or decision in favour of the accused person, refer a question of law arising during the trial to the Court of Appeal for determination or, in the case of a person who is tried on indictment in the Central Criminal Court, make application to the Supreme Court under Article 34.5.4° of the Constitution to refer a question of law arising during the trial to it for determination” for “may, without prejudice to the verdict or decision in favour of the accused person, refer a question of law arising during the trial to the Supreme Court for determination”,

• (b) in subsection (2), by the substitution of “the Court of Appeal or the Supreme Court, as the case may be,” for “the Supreme Court”,

• (c) in subsection (3), by the substitution of “the Court of Appeal or the Supreme Court, as the case may be,” for “the Supreme Court”,

• (d) in subsection (4), by the substitution of “The Court of Appeal or the Supreme Court, as the case may be,” for “The Supreme Court”,

• (e) in subsection (5), by the substitution of—

• (i) “The Court of Appeal or the Supreme Court, as the case may be,” for “The Supreme Court”, and

• (ii) “referred to in this section” for “under this section”,

• (f) by the substitution of the following subsection for subsection (6) —

• “(6) If the acquitted person wishes to be represented in proceedings referred to in this section before the Court of Appeal or the Supreme Court, as the case may be, and a legal aid (appeal) certificate, or as the case may be, a legal aid (Supreme Court) certificate, is granted under subsection (7) or is deemed to have been granted under subsection (8), he or she shall be entitled to free legal aid in the preparation and presentation of any argument that he or she wishes to make to the Court of Appeal or the Supreme Court, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of the Criminal Justice (Legal Aid) Act 1962.”,

• (g) by the substitution of the following subsection for subsection (7):

• “(7) The acquitted person may, in relation to proceedings referred to in this section, apply for a legal aid (appeal) certificate to the Court of Appeal or a legal aid (Supreme Court) certificate to the Supreme Court, as the case may be, either—

  • (a) by letter to the registrar of the Court of Appeal or, as the case may be, the registrar of the Supreme Court, setting out the facts of the case and the grounds of the application, or

  • (b) to the Court of Appeal, or the Supreme Court, itself, as the case may be,

  and the Court concerned shall grant the certificate if (but only if) it appears to the Court that the means of the person are insufficient to enable him or her to obtain legal aid.”,

• (h) in subsection (8), by the substitution of—

• (i) “a legal aid (appeal) certificate or a legal aid (Supreme Court) certificate, as the case may be,” for “a legal aid (Supreme Court) certificate”, and

• (ii) “referred to in” for “under this”,

and

• (i) in subsection (9), by the insertion of “, ‘legal aid (appeal) certificate’ ” after “ ‘legal aid (Supreme Court) certificate’ ”.

48. Amendment of Law Reform Commission Act 1975

48. The Law Reform Commission Act 1975 is amended—

• (a) in section 1, by the substitution of the following for the definition of “judicial office”:

“ ‘judicial office’, except where the context otherwise requires, means an office, being the office of President of the Court of Appeal, President of the High Court, ordinary judge of the Supreme Court, ordinary judge of the Court of Appeal or ordinary judge of the High Court;”,

• (b) in section 14—

• (i) in subsection (1), by the insertion of the following paragraph after paragraph (a):

• “(aa) in case on being so appointed such person is the President of the Court of Appeal or another judge of the Court of Appeal, other than a judge who is ex officio an additional judge of that Court, then for so long as such person continues to hold the judicial office held by such person on so being appointed, the number of ordinary judges of the Court of Appeal otherwise provided for may be exceeded by one:

Provided that, in the case of a former President of the Court of Appeal to whom section 4(2) of the Courts (No. 2) Act 1997 relates, for so long as such person continues to hold the judicial office held on being so appointed, such person shall not be taken into account for the purposes of subsection (1A) of section 6 of that Act and any vacancy consequent on the application of that subsection to such person may be filled but without prejudice to the application of that subsection to that person upon his or her ceasing to be so appointed but remaining a former President of the Court of Appeal to whom the said section 4(2) relates,”,

• (ii) in subsection (2)(c), by the insertion of “, the Court of Appeal” after “Supreme Court”, and

• (iii) in subsection (2A), by the insertion of “, Court of Appeal” after “Supreme Court”.

49. Amendment of Courts-Martial Appeals Act 1983

49. The Courts-Martial Appeals Act 1983 is amended—

• (a) in section 25, in the definition of “legal aid certificate”, by the substitution of “a legal aid (court-martial appeal) certificate” for “a legal aid (Courts-Martial Appeal Court) certificate”,

• (b) in section 28—

• (i) by the substitution, in subsection (1)(b), of “a legal aid (court-martial appeal) certificate” for “a legal aid (Courts-Martial Appeal Court) certificate”,

• (ii) by the substitution, in subsection (2), of “A legal aid (court-martial appeal) certificate” for “A legal aid (Courts-Martial Appeal Court) certificate”, and

• (iii) by the substitution, in subsection (3), of “a legal aid (court-martial appeal) certificate” for “a legal aid (Courts-Martial Appeal Court) certificate”,

• (c) in section 30(3), by the substitution of “a legal aid (court-martial appeal) certificate” for “a legal aid (Courts-Martial Appeal Court) certificate”, and

• (d) in section 31(2), by the substitution of “a legal aid (court-martial appeal) certificate” for “a legal aid (Courts-Martial Appeal Court) certificate”.

50. Application where conviction or sentence of court-martial

50. The Criminal Procedure Act 1993 is amended by the substitution of the following section for section 6:

“6. (1) Sections 2 to 5 and 7 shall have effect with the following modifications where the conviction or sentence concerned is a conviction or sentence of a court-martial:

• (a) the references in section 2 to a conviction or sentence shall be construed as references to a conviction or sentence of a court- martial;

• (b) the reference in section 3 to the jury shall be construed as a reference to the court-martial;

• (c) the references in section 3 to the trial shall be construed as references to the court-martial;

• (d) the reference in section 3(3) to the Commissioner of the Garda Síochána shall be construed as a reference to the Deputy Chief of Staff (Support) of the Defence Forces;

• (e) the reference in section 4(1) to any rule of law shall include a reference to anything in the Defence Act 1954.

• (2) The Superior Courts Rules Committee may, with the concurrence of the Minister for Justice and Equality, make rules of court for the purposes of this section.”.

51. Amendment of section 4 of Criminal Justice Act 1993

51. Section 4 of the Criminal Justice Act 1993 is amended by the substitution of the following subsection for subsection (2):

• “(2) Where an application has been made to the Court of Appeal under section 2—

  • (a) a legal aid (appeal) certificate shall be deemed for the purposes of the Criminal Justice (Legal Aid) Act 1962 to have been granted in respect of the person whose sentence is the subject of the application, and

  • (b) the person shall be entitled to free legal aid in the preparation and conduct of his or her case before the Court of Appeal and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of that Act.”.

52. Amendment of section 21 of Ethics in Public Office Act 1995

52. Section 21 of the Ethics in Public Office Act 1995 is amended—

• (a) in subsection 2(a), by the insertion of “, the Court of Appeal” after “Supreme Court”,

• (b) in subsection (2E)(a), by the insertion of “, the Court of Appeal” after “Supreme Court”, and

• (c) by the substitution of the following subsection for subsection (2F):

• “(2F) If the person who is the chairperson of the Commission ceases (otherwise than by death or removal from office) during his or her term of office as such chairperson to be—

  • (a) a judge of the High Court and is not a judge of the Supreme Court or Court of Appeal,

  • (b) a judge of the Court of Appeal and is not a judge of the Supreme Court, or

  • (c) a judge of the Supreme Court,

  he or she shall continue to be such chairperson until the expiration of his or her term of office.”.

53. Further amendment of Act of 1995

53. The Act of 1995 is amended—

• (a) in section 20A(4)(a), by the insertion of “the Court of Appeal,” after “the Supreme Court,”, and

• (b) in section 23, by the insertion of “President of the Court of Appeal,” after “Chief Justice,”.

54. Amendment of section 27 of Civil Legal Aid Act 1995

54. Section 27 (amended by section 25 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013) of the Civil Legal Aid Act 1995 is amended, in subsection 2(a), by the insertion of “, the Court of Appeal” after “High Court”.

55. Amendment of Electoral Act 1997

55. The Electoral Act 1997 is amended—

• (a) in section 7, by the substitution of the following paragraph for paragraph (a):

• “(a) (i) a judge of the Supreme Court,

• (ia) following consultation with the President of the Court of Appeal, a judge of the Court of Appeal, or

  • (ii) following consultation with the President of the High Court, a judge of the High Court,

  nominated by the Chief Justice, who shall be the chairperson of the Commission,”,

and

• (b) in section 8, by the substitution of the following subsection for subsection (1):

• “(1) Where, before the reports of a Constituency Commission have been presented to the Chairman of the Dáil under section 9, the person appointed to be the chairperson of the Commission—

  • (a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the Chief Justice shall assign another judge of the Supreme Court, or following consultation with—

    • (i) the President of the Court of Appeal, another judge of the Court of Appeal, or

    • (ii) the President of the High Court, another judge of the High Court,

    to be a member and the chairperson of the Commission;

  • (b) ceases to hold office as a judge of the Supreme Court, of the Court of Appeal or of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the Chief Justice assigns another judge of the Supreme Court, of the Court of Appeal or of the High Court to be a member and the chairperson of the Commission.”.

56. Amendment of section 196 of Taxes Consolidation Act 1997

56. Section 196 of the Taxes Consolidation Act 1997 is amended by the substitution of the following subsection for subsection (1):

• “(1) In this section, ‘a member of the Judiciary’ means—

  • (a) a judge of the Supreme Court,

  • (aa) a judge of the Court of Appeal,

  • (b) a judge of the High Court,

  • (c) a judge of the Circuit Court,

    • (cc) a specialist judge of the Circuit Court, or

  • (d) a judge of the District Court.”.

57. Amendment of section 11 of Courts Service Act 1998

57. Section 11 of the Courts Service Act 1998 is amended, in subsection (1) —

• (a) by the insertion of the following paragraphs after paragraph (b):

• “(bb) the President for the time being of the Court of Appeal or a judge of the Court of Appeal nominated by the President of that Court,

• (bc) a judge of the Court of Appeal elected by the ordinary judges of that Court,”,

and

• (b) by the deletion of paragraph (i).

58. Amendment of section 20 of Referendum Act 1998

58. Section 2 of the Referendum Act 1998 is amended—

• (a) in subsection (5)(a), by the insertion of “, a former judge of the Court of Appeal” after “a former judge of the Supreme Court”, and

• (b) in subsection (7)(a)(i), by the insertion of “a former judge of the Court of Appeal” after “Supreme Court,”.

59. Amendment of Jurisdiction of Courts and Enforcement of Judgments Act 1998

59. The Jurisdiction of Courts and Enforcement of Judgments Act 1998 is amended—

• (a) in the First Schedule, by the substitution—

• (i) in Article 37(2) of the English text, of “in Ireland, by an appeal on a point of law to the Court of Appeal,” for “in Ireland, by an appeal on a point of law to the Supreme Court,”,

• (ii) in Article 37(2) of the Irish text, of “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Achomhairc;” for “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Uachtarach;”,

• (iii) in Article 41 of the English text, of “in Ireland, by an appeal on a point of law to the Court of Appeal,” for “in Ireland, by an appeal on a point of law to the Supreme Court,”, and

• (iv) in Article 41 of the Irish text, of “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Achomhairc;” for “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Uachtarach;”,

and

• (b) in the Tenth Schedule (inserted by section 1(b) of the Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012), by the substitution, in Annex IV, of “in Ireland: an appeal on a point of law to the Court of Appeal,” for “in Ireland: an appeal on a point of law to the Supreme Court,”.

60. Amendment of Human Rights Commission Act 2000

60. The Human Rights Commission Act 2000 is amended—

• (a) in section 1(1), by the substitution of the following definition for the definition of “judicial office in the Superior Courts”:

‘judicial office in the Superior Courts’ means the office of judge of the High Court, the office of judge of the Court of Appeal or the office of judge of the Supreme Court;”,

• (b) in section 5(6), by the insertion of the following paragraphs after paragraph (a):

• “(aa) in case on being so appointed he or she is the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on so being appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one and, if the said person so appointed is a former President of the Court of Appeal, the proviso to paragraph (aa) of section 14(1) of the Law Reform Commission Act 1975 shall apply to him or her in respect of his or her appointment as President of the Commission to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a member of the Law Reform Commission,

• (ab) in case he or she is the President of the Court of Appeal, he or she may, for so long as he or she continues to be President of the Commission, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all the jurisdiction exercisable by the President of the Court of Appeal under section 7B of the Courts (Supplemental Provisions) Act 1961,”,

• (c) by the substitution of the following section for section 6:

“6. Where the number of ordinary judges of the High Court, the Court of Appeal or the Supreme Court falls to be determined for the purpose of any enactment which makes provision with respect to the number of such judges of the High Court, the Court of Appeal or the Supreme Court, as the case may be, the operation, for the time being, of section 5(6) shall be taken account of in making that determination.”,

and

• (d) in section 8, in paragraph (h), by the insertion of “, the Court of Appeal” after “the High Court” in each place where it occurs.

61. Amendment of Standards in Public Office Act 2001

61. Section 22 of the Standards in Public Office Act 2001 is amended, in subsection (3), by the substitution of the following definition for the definition of “judicial office”:

‘judicial office’ means the office of—

• (a) judge of the Supreme Court,

• (aa) judge of the Court of Appeal,

• (b) judge of the High Court,

• (c) judge of the Circuit Court,

• (cc) specialist judge of the Circuit Court, or

• (d) judge of the District Court;”.

62. Amendment of Courts and Court Officers Act 2002

62. The Courts and Court Officers Act 2002 is amended—

• (a) in section 6(a), by the insertion of “, the Court of Appeal” after “Supreme Court”, and

• (b) in section 46—

• (i) in subsection (1), by the insertion of “the Court of Appeal,” after “the Supreme Court,”, and

• (ii) in subsection (11), in the definition of “President of the Court”, by the insertion of the following paragraph after paragraph (c):

• “(cc) in relation to the Court of Appeal, the President of the Court of Appeal,”.

63. Amendment of European Convention on Human Rights Act 2003

63. Section 5 of the European Convention on Human Rights Act 2003 is amended in subsection (1) by the insertion of “the Court of Appeal” after “the High Court,”.

64. Amendment of Garda Síochána Act 2005

64. The Garda Síochána Act 2005 is amended—

• (a) in section 109, by the substitution of the following subsection for subsection (2):

• “(2) The Chief Justice may invite—

  • (a) a judge of the Supreme Court,

  • (b) with the consent of the President of the Court of Appeal, a judge of the Court of Appeal, or

  • (c) with the consent of the President of the High Court, a judge of the High Court,

  to conduct the inquiry and, if the invitation is accepted, the Chief Justice shall appoint that judge to conduct the inquiry.”,

and

• (b) in Schedule 4, by the insertion of the following paragraph after paragraph 1:

“If Court of Appeal judge or former President of the Court of Appeal is appointed member of Ombudsman Commission

1A. (1) If a person appointed as the chairperson of the Ombudsman Commission is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

• (2) If the person so appointed is a former President of the Court of Appeal, the proviso to paragraph (aa) of section 14(1) of the Law Reform Commission Act 1975 applies to him or her in respect of his or her appointment as a member of the Ombudsman Commission to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a member of the Law Reform Commission.

• (3) If the person so appointed is the President of the Court of Appeal, he or she may, for so long as he or she continues to be a member of the Ombudsman Commission, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Court of Appeal under section 7D (inserted by section 19of the Court Of Appeal Act 2014) of the Courts (Supplemental Provisions) Act 1961.”.

65. Amendment of Criminal Law (Insanity) Act 2006

65. The Criminal Law (Insanity) Act 2006 is amended—

• (a) in section 7, by the deletion of subsection (5), and

• (b) in Schedule 1, in paragraph 2, by the insertion of “, Court of Appeal” after “High Court”.

66. Amendment of section 181 of Criminal Justice Act 2006

66. Section 181(4) of the Criminal Justice Act 2006 is amended by the substitution of the following paragraph for paragraph (c):

• “(c) in relation to proceedings before the Central Criminal Court, to a judge of the Court of Appeal,”.

67. Amendment of Building Control Act 2007

67. The Building Control Act 2007 is amended—

• (a) in section 13, by the substitution of the following subsection for subsection (5):

• “(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”,

• (b) in section 21, by the substitution of the following subsection for subsection (3):

• “(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”,

• (c) in section 23, by the substitution of the following subsection for subsection (3):

• “(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.”,

• (d) in section 24, by the substitution of the following subsection for subsection (3):

• “(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”,

• (e) in section 28, by the substitution of the following subsection for subsection (5):

• “(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”,

• (f) in section 35, by the substitution of the following subsection for subsection (3):

• “(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”,

• (g) in section 37, by the substitution of the following subsection for subsection (3):

• “(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, the Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.”,

• (h) in section 38, by the substitution of the following subsection for subsection (3):

• “(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”,

• (i) in section 42, by the substitution of the following subsection for subsection (5):

• “(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”,

• (j) in section 49, by the substitution of the following subsection for subsection (3):

• “(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”,

• (k) in section 51, by the substitution of the following subsection for subsection (3):

• “(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.”,

and

• (l) in section 52, by the substitution of the following subsection for subsection (3):

• “(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”.

68. Amendment of section 2 of Charities Act 2009

68. Section 2 of the Charities Act 2009 is amended, in subsection (1), in the definition of “judicial office in the Superior Courts”, by the insertion of “, the office of judge of the Court of Appeal” after “the office of judge of the High Court”.

69. Amendment of Courts and Court Officers Act 2009

69. The Courts and Court Officers Act 2009 is amended—

• (a) in section 13, in the definition of “court office”, by the insertion of the following paragraph after paragraph (a):

• “(aa) the Court of Appeal,”,

• (b) in section 16, by the insertion of the following paragraph after paragraph (a):

• “(aa) the President of the Court of Appeal, where a proposed constituent court office is an office attached to Court of Appeal,”,

and

• (c) in section 22—

• (i) in subsection (1)(b), by the insertion of “Court of Appeal,” before “High Court”, and

• (ii) in subsection (2), by the substitution of the following paragraphs for paragraphs (a) to (d):

• “(a) the Central Criminal Court;

• (b) the Court of Appeal;

• (c) the Circuit Court,”.

70. Amendment of section 98 of Adoption Act 2010

70. Section 98 of the Adoption Act 2010 is amended, in subsection (2)(a), by the insertion of “the Court of Appeal” after “Supreme Court,”.

71. Amendment of Criminal Procedure Act 2010

71. The Criminal Procedure Act 2010 is amended—

• (a) in section 2(1), by the insertion of the following definition:

“ ‘legal aid (appeal) certificate’ has the meaning it has in the Act of 1962;”,

• (b) in section 23—

• (i) by the substitution, in subsection (1), for “may, subject to subsection (3) and section 24, appeal the acquittal in respect of the offence concerned on a question of law to the Supreme Court” of “may, subject to subsection (3) and section 24, appeal the acquittal in respect of the offence concerned on a question of law to—

• (I) the Court of Appeal, or

• (II) in the case of a person who is tried on indictment in the Central Criminal Court, the Court of Appeal or the Supreme Court under Article 34.5.4° of the Constitution”,

• (ii) by the substitution of the following subsection for subsection (2):

• “(2) Where a person’s conviction of an offence on indictment is quashed on appeal by the Court of Appeal and the Court makes no order for the re-trial of the person in respect of the offence, the Director, if he or she is the prosecuting authority in the trial, or the Attorney General, as may be appropriate, may, subject to subsection (3) and section 24, appeal the decision of the Court of Appeal not to order a re-trial of the offence concerned on a question of law to the Supreme Court under Article 34.5.3° of the Constitution.”,

• (iii) in subsection (3) —

• (I) by the substitution of “An appeal referred to in this section” for “An appeal under this section”,

• (II) by the substitution of the following paragraph for paragraph (a):

• “(a) a ruling was made by a court—

  • (i) during the course of a trial referred to in subsection (1), or

  • (ii) during the hearing of an appeal referred to in subsection (2),

  which erroneously excluded compelling evidence, or”,

• (iv) by the substitution of the following subsection for subsection (4):

• “(4) An appeal referred to in this section shall be made on notice to the person who is the subject of the appeal within 28 days or such longer period not exceeding 56 days as—

  • (a) in the case of an appeal referred to in subsection (1), the Court of Appeal or the Supreme Court, as the case may be, or

  • (b) in the case of an appeal referred to in subsection (2), the Supreme Court,

  may, on application to it in that behalf, determine, from the day on which the person was acquitted or the conviction was quashed, as the case may be.”,

• (v) in subsection (5), by the substitution of “the Supreme Court or the Court of Appeal, as the case may be,” for “the Supreme Court”,

• (vi) in subsection (6), by the substitution of “For the purposes of considering an appeal referred to in this section the Supreme Court or the Court of Appeal, as the case may be,” for “For the purposes of considering an appeal under this section the Supreme Court”,

• (vii) in subsection (7), by the substitution of “The Supreme Court or the Court of Appeal, as the case may be, shall assign counsel to argue in support of the acquittal referred to in subsection (1) or the decision not to order a re-trial referred to in subsection (2), as the case may be, if” for “The Supreme Court shall assign counsel to argue in support of the acquittal referred to in subsection (1) or the decision of the Court of Criminal Appeal not to order a re-trial referred to in subsection (2), as the case may be, if”,

• (viii) by the substitution of the following subsection for subsection (8):

• “(8) Where an appeal referred to in this section has been made to the Court of Appeal or the Supreme Court and a legal aid (appeal) certificate or, as the case may be, a legal aid (Supreme Court) certificate, is granted under subsection (9), or deemed to have been granted under subsection (10), in respect of the person who is the subject of the appeal, he or she shall be entitled to free legal aid in the preparation and conduct of any argument that he or she wishes to make to the Court of Appeal or the Supreme Court, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of the Act of 1962.”,

• (ix) by the substitution of the following subsection for subsection (9):

• “(9) The person may, in relation to an appeal referred to in this section, apply for a legal aid (appeal) certificate to the Court of Appeal or a legal aid (Supreme Court) certificate to the Supreme Court, as the case may be, either—

  • (a) by letter to the registrar of the Court of Appeal or, as the case may be, the registrar of the Supreme Court, setting out the facts of the case and the grounds of the application, or

  • (b) to the Court of Appeal, or the Supreme Court, itself, as the case may be,

  and the Court concerned shall grant the certificate if (but only if) it appears to the Court that the means of the person are insufficient to enable him or her to obtain legal aid.”,

• (x) in subsection (10) —

• (I) by the substitution of “a legal aid (Supreme Court) certificate or a legal aid (appeal) certificate, as the case may be,” for “a legal aid (Supreme Court) certificate”, and

• (II) by the substitution of “in relation to an appeal referred to in this section” for “in relation to the proceedings under this section”,

• (xi) in subsection (11) —

• (I) by the substitution of “On hearing an appeal referred to in subsection (1) the Court of Appeal may” for “On hearing an appeal under this section the Supreme Court may”,

• (II) in paragraph (a) —

• (A) by the deletion of “or reverse the decision of the Court of Criminal Appeal, as the case may be,”, and

• (B) in subparagraph (i) by the substitution of “subsection (3)(a)(i) or (b) ” for “subsection (3)(a) or (3)(b) ”,

and

• (III) in paragraph (b), by the deletion of “or the decision of the Court of Criminal Appeal, as the case may be”,

• (xii) by the insertion of the following subsection after subsection (11):

• “(11A) On hearing an appeal referred to in this section, the Supreme Court may—

  • (a) quash the acquittal or reverse the decision of the Court of Appeal, as the case may be, and order the person to be re-tried for the offence concerned if it is satisfied—

    • (i) that the requirements of subsection (3)(a) or (b), as the case may be, are met, and

    • (ii) that, having regard to the matters referred to in subsection (12), it is, in all the circumstances, in the interests of justice to do so,

    or

  • (b) if it is not so satisfied, affirm the acquittal or the decision of the Court of Appeal, as the case may be.”,

• (xiii) in subsection (12), by the substitution of “In determining whether to make an order under paragraph (a) of subsection (11) or (11A), the Court of Appeal or the Supreme Court, as the case may be,” for “In determining whether to make an order under subsection (11)(a), the Supreme Court”, and

• (xiv) in subsection (13)—

• (I) by the substitution, in paragraph (a), of “The Court of Appeal or the Supreme Court, as the case may be,” for “The Supreme Court”, and

• (II) by the substitution, in paragraph (b), of “the Court of Appeal or the Supreme Court, as the case may be,” for “the Supreme Court”,

• (c) in section 25—

• (i) by the substitution, in subsection (2), of “the Court of Appeal or the Supreme Court, as the case may be,” for “the Supreme Court”, and

• (ii) by the substitution, in subsection (3), of “The Court of Appeal or the Supreme Court, as the case may be,” for “The Supreme Court”,

and

• (d) in section 26—

• (i) by the substitution, in subsection (2), of “the Court of Appeal or the Supreme Court, as the case may be,” for “the Supreme Court”, and

• (ii) by the substitution, in subsection (3), of “A legal aid (appeal) certificate or a legal aid (Supreme Court) certificate” for “A legal aid (Supreme Court) certificate”.

72. Amendment of Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

72. The Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 is amended—

• (a) in section 67—

• (i) in subsection (5)(b), by the insertion of “the Court of Appeal,” after “Supreme Court,”, and

• (ii) in subsection (8)(a), by the insertion of “the Court of Appeal,” after “Supreme Court,”,

and

• (b) in section 83—

• (i) in subsection (4)(b), by the insertion of “the Court of Appeal,” after “Supreme Court,”, and

• (ii) in subsection (7)(a), by the insertion of “the Court of Appeal,” after “Supreme Court,”.

PART 4 Miscellaneous

73. Repeals

73. Each enactment specified in column (2) of Schedule 1 is repealed to the extent specified in columns (3) and (4) of that Schedule.

74. Construction of references - Supreme Court

74. (1) References (howsoever expressed) to the Supreme Court, in relation to an appeal, including proceedings taken by way of case stated, which lies (or otherwise) to it in any enactment passed or made before the establishment day, shall be construed as references to the Court of Appeal, unless the context otherwise requires.

• (2) Subsection (1) shall not apply in respect of references to an appeal which lies (or otherwise) from the Court of Criminal Appeal to the Supreme Court in any enactment passed or made before the establishment day.

• (3) Without prejudice to the generality of subsection (1), each enactment specified in column (2) of Schedule 2 is amended to the extent specified in columns (3) and (4) of that Schedule.

• (4) The reference in Annex IV to Council Regulation (EC) No. 44/2001 of 22 December 2000¹ on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters, to “in Ireland, an appeal on a point of law to the Supreme Court” shall, without prejudice to Article 34.5.4° of the Constitution, be construed as a reference to “in Ireland, an appeal on a point of law to the Court of Appeal”, unless the context otherwise requires.

75. Construction of references in respect of decisions of High Court being final subject to further appeal in certain circumstances

75. Without prejudice to the generality of section 74, a reference (howsoever expressed) contained in any enactment passed or made before the establishment day, to a decision or determination of the High Court which is stated to be final, subject to a right of appeal to the Supreme Court in certain circumstances, including by way of certification or leave of the High Court, or as the case may be, the Supreme Court—

• (a) shall be construed as being without prejudice to Article 34.5.4° of the Constitution, and

• (b) in respect of a reference in that regard to the “Supreme Court”, shall be construed as a reference to the Court of Appeal unless the context otherwise requires.

76. Construction of references in respect of decisions of High Court being final and not subject to further appeal

76. References (howsoever expressed) contained in any enactment passed or made before the establishment day to a decision or determination of the High Court which is stated to be final shall be construed as being without prejudice to Article 34.5.4 ° of the Constitution.

77. Construction of references - Court of Criminal Appeal and Courts-Martial Appeal Court

77. Subject to section 78, references (howsoever expressed) to—

• (a) the Court of Criminal Appeal, or

• (b) the Courts-Martial Appeal Court,

in any enactment passed or made before the establishment day, shall be construed as references to the Court of Appeal exercising its criminal jurisdiction, unless the context otherwise requires.

78. Transitional provisions

78. (1) The Court of Criminal Appeal shall, as regards any proceedings before it that have been —

• (a) initiated before the establishment day, and

• (b) heard in full or in part by that Court before that day, continue to have jurisdiction in respect of the proceedings and accordingly the Court of Criminal Appeal may determine and pronounce judgment in respect of those proceedings.

• (2) The Courts-Martial Appeal Court shall, as regards any proceedings before it that have been —

• (a) initiated before the establishment day, and

• (b) heard in full or in part by that Court before that day, continue to have jurisdiction in respect of the proceedings and accordingly the Courts- Martial Appeal Court may determine and pronounce judgment in respect of those proceedings.

• (3) Nothing in this Act shall operate to affect the application of section 14 of the Courts-Martial Appeals Act 1983 in respect of a determination of the Courts-Martial Appeal Court made—

• (a) before the establishment day, or

• (b) in the case of proceedings referred to in subsection (2), on or after the establishment day.

• (4)
• (a) For the purposes of subsection (1), proceedings shall not be taken to have been heard in part by reason only of the Court of Criminal Appeal or the Courts-Martial Appeal Court, as the case may be, having heard an interlocutory application relating to the proceedings or unless the proceedings are confined to a procedural matter, the Court of Criminal Appeal or the Courts-Martial Appeal Court, as the case may be, having heard any procedural application or motion relating to the proceedings.

• (b) Where, however, an order has been made by the Court of Criminal Appeal or the Courts-Martial Appeal Court, in relation to an interlocutory application, procedural application or motion concerning proceedings which are subsequently determinable by the Court of Appeal, the order shall be binding on the Court of Appeal in respect of the issue which is the subject of the proceedings.

• (c) Paragraph (b) is without prejudice to any change of circumstance which may warrant a variation in the terms of the order referred to in that paragraph.

• (5) Where an order has been made by the Supreme Court in relation to an interlocutory application, procedural application or motion concerning an appeal which is subsequently determinable by the Court of Appeal pursuant to a direction given under Article 64.3.1° of the Constitution or an order made under Article 64.4.1° of the Constitution, the order shall be binding on the Court of Appeal in respect of the issue which is the subject of the appeal.

• (6) Subsection (5) is without prejudice to any change of circumstance which may warrant a variation in the terms of the order referred to in that subsection.

79. Continuity and enforcement of administration of justice not affected

79. The continuity of the administration and enforcement of justice shall not be interrupted by the coming into operation of any provision of this Act.

SCHEDULE 1 Repeals

Section 73

Item (1)	Act (2)	Provision (3)	Extent of Repeal (4)
1.	Courts of Justice Act 1924	Section 28	The whole section
2.	Courts of Justice Act 1924	Section 29	The whole section
3.	Courts of Justice Act 1928	Section 7	The whole section
4.	Courts (Establishment and Constitution) Act 1961	Section 3	The whole section
5.	Courts (Supplemental Provisions) Act 1961	Section 12	The whole section
6.	Courts-Martial Appeals Act 1983	Sections 9 to 12	The whole of each section
		Sections 14 and 15	The whole of each section
7.	Criminal Justice Act 1993	Section 3	The whole section
8.	Criminal Procedure Act 1993	Section 11	The whole section
9.	Courts and Court Officers Act 1995	Sections 4 and 5	The whole of each section
		Section 44	The whole section
10.	Criminal Procedure Act 2010	Section 14	The whole section

SCHEDULE 2 Consequential Amendments

Section 74

Item (1)	Act (2)	Provision (3)	Amendment (4)
1	Patents Act 1992	Section 95	In subsection (2), by the substitution of “The Court of Appeal or the Supreme Court, as the case may be, may, if it thinks fit,” for “The Supreme Court may, if it thinks fit,”.
			In subsection (3), by the substitution of “the Court, the Court of Appeal or the Supreme Court, as may be appropriate,” for “the Court or the Supreme Court, as may be appropriate,”.
2	International War Crimes Tribunals Act 1998	Section 18	In subsection (1), by the substitution of the following paragraphs for paragraphs (a), (b) and (c):
			“(a) by a decision of the High Court under Article 40.4.2° of the Constitution or following an appeal from such a decision,
			(aa) as a consequence of an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal),
			(b) as a consequence of an appeal on a point of law to the Court of Appeal, or
			(c) as a consequence of an order under section 21 or 22,”.
3	International War Crimes Tribunals Act 1998	Section 19	By the substitution of the following subsection for subsection (3):
			“(3) In this section, ‘appeal proceedings’ means proceedings relating to—
			(a) a complaint under Article 40.4.2° of the Constitution (including proceedings on an appeal from a decision about that complaint),
			(b) an appeal on a point of law to the Court of Appeal, or
			(c) an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal).”.
4	Criminal Justice (Illicit Traffic by Sea) Act 2003	Section 17	In subsection (1), by the substitution of the following paragraphs for paragraphs (a), (b), (c) and (d):
			“(a) who has been released by order of the High Court under Article 40.4.2° of the Constitution or on the determination of an appeal from an order under that provision,
			(aa) who has been released on the determination of an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal),
			(b) who has been released on the determination by the Court of Appeal of an appeal on a point of law,
			(c) who has been released by order of the Minister under section 21, or
			(d) whose surrender has been refused under section 22,”.
5	Criminal Justice (Illicit Traffic by Sea) Act 2003	Section 19	By the substitution of the following subsection for subsection (2)(c):
			“In this section ‘appeal proceedings’ means proceedings relating to—
			(a) a complaint under Article 40.4.2° of the Constitution (including proceedings on an appeal from a decision about the complaint),
			(b) an appeal on a point of law to the Court of Appeal, or
			(c) an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal);”.
6	International Criminal Court Act 2006	Section 15	By the substitution of the following definition for the definition of “appeal proceedings”:
			“ ‘appeal proceedings’ means proceedings relating to—
			(a) a complaint under Article 40.4.2° of the Constitution (including any proceedings on appeal from a decision on the complaint),
			(b) an appeal on a point of law to the Court of Appeal against a surrender order or an appeal to that Court against a refusal of such an order, or
			(c) an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal);”.
7	Adoption Act 2010	Section 53	In subsection (2), by the substitution of the following paragraph for paragraph (b):
			“(b) an appeal against the order—
			(i) is not brought or the order is confirmed on appeal by the Court of Appeal, and
			(ii) is not brought (whether under Article 34.5.4° or on appeal from a decision of the Court of Appeal) or the order is confirmed on appeal by the Supreme Court,”.
8	Adoption Act 2010	Section 56	In paragraph (a) of subsection (1), by the substitution of “an appeal to the Court of Appeal or the Supreme Court, as the case may be,” for “an appeal to the Supreme Court”.
			In paragraph (a) of subsection (2), by the substitution of “the High Court, the Court of Appeal or the Supreme Court” for “the High Court or the Supreme Court”.
			In subsection (3) —
			(a) in paragraph (a), by the substitution of the following subparagraphs for subparagraphs (i) and (ii):
			“(i) an appeal against the order—
			(I) is not brought or the order is confirmed on appeal by Court of Appeal, and
			(II) is not, brought (whether under Article 34.5.4° or on appeal from a decision of the Court of Appeal) or the order is confirmed on appeal by the Supreme Court, or
			(ii) the High Court refuses to make an order under section 54(2) but, following an appeal to the Court of Appeal or the Supreme Court, as the case may be, the order is made, and”,
			and
			(b) by the substitution of “as may be specified by the High Court, the Court of Appeal or the Supreme Court” for “as may be specified by the High Court or the Supreme Court”.

Footnotes