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Transfer of trials in criminal cases by judges of Circuit Court.
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31.—(1) Subject to subsections (2) and (3) of this section where a person charged with an indictable offence (in this section referred to as “an accused”) is sent forward for trial to the Circuit Court sitting other than within the Dublin Circuit, an application by the prosecutor or the accused to the judge of the Circuit Court before whom the accused is triable to have the trial transferred to the Circuit Court sitting within the Dublin Circuit shall—
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(a) in case the party making the application, not less than seven days before making it, notified the accused or the prosecutor, as the case may be, of the application, be granted, and
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(b) in any other case, in the discretion of the judge, be either granted or refused, and the decision to grant or refuse the application shall be final and unappealable.
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(2) Where—
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(a) two or more accused are sent forward for trial to the Circuit Court sitting other than within the Dublin Circuit and it is proposed to try them together, and
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(b) an application by one or more, but not all, of the accused under subsection (1) of this section is granted,
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an application, without notice to the accused, by the prosecutor to the judge who granted the application to have the trial of one or more of the remaining accused transferred to the Circuit Court sitting within the Dublin Circuit shall be granted.
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(3) Where there are less than seven days between the date on which the accused is sent forward for trial and the date of commencement of the trial, an application under subsection (1) of this section shall be granted.
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