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New Rules of Court - Criminal Procedure - SI 295/2005
Practitioners should note that the above statutory instrument, amending order 85 of the Rules of the Superior Courts, came into effect on 8 July 2005. The new rule provides for certain pre-trial motions on notice. Applications to be made by notice of motion (without any affidavit) include applications to dismiss one or more charges, applications to take evidence on deposition or by TV link, and applications concerning publication or broadcasting.
The rule applies to any proceedings in being after the commencement of part III of the Criminal Justice Act, 1999 (that is, 1 October 2001) other than those already returned for trial before that commencement date.
