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No.18 Court of Appeal-Criminal-Notice of Application for Re-trial Order-(Section 9(3), Criminal Procedure Act 2010)

Form No.18 is a Court of Appeal Criminal Notice of Application for a Re‑trial Order under Section 9(3) of the Criminal Procedure Act 2010. It is used when a party wants the Court of Appeal to set aside a conviction and order a new trial.

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Form Overview

No.18 Court of Appeal-Criminal-Notice of Application for Re-trial Order-(Section 9(3), Criminal Procedure Act 2010)

Form No.18 is a Court of Appeal Criminal Notice of Application for a Re‑trial Order under Section 9(3) of the Criminal Procedure Act 2010. It is used when a party wants the Court of Appeal to set aside a conviction and order a new trial.

It captures the case details, the legal basis for a re‑trial, any supporting evidence, and a declaration that the application is made in good faith.

Risk Radar

  • The most common mistake is filing after the statutory deadline, which usually ends the application permanently.
  • Missing the 28‑day filing deadline
  • Failing to attach supporting evidence
  • Incorrect case number or parties listed
  • Unsigned declaration

Plain English

If you think a criminal case was decided wrongly and you need a fresh trial, you file this notice with the Court of Appeal. It tells the court why you believe the original trial should be reopened. The form is a formal request, not a petition or appeal itself.

Submission Date

  • The notice must be lodged within 28 days of the judgment or of discovering fresh evidence, whichever is later. Late filings are usually rejected.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when seeking a Court of Appeal order to set aside a conviction and order a new trial.
  • Do not use for ordinary appeals of conviction or sentence – those have separate forms.
  • If new evidence has emerged after the original trial, this is the correct notice.
  • Applicable only to criminal matters under the Criminal Procedure Act 2010.
  • Required when the lower court has already ruled on the issue and the appeal is to the Court of Appeal.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Standard appeal of convictionForm No.15For appealing the conviction itself, not a re‑trialVerify you are not simply appealing the judgment
Application for bail pending appealForm No.22Requests bail while appeal is pendingUse only for bail, not re‑trial
Request for amendment of judgmentForm No.19Seeks to correct a clerical errorNot a re‑trial order

Deadline or filing window

The notice must be lodged within 28 days of the judgment or of discovering fresh evidence, whichever is later. Late filings are usually rejected.

Before you submit

  • Case number and parties are correct.
  • All required supporting documents are attached.
  • Declaration is signed and dated.
  • Filing fee paid and receipt attached.
  • Form is printed clearly or uploaded in PDF format.
  • Contact details of the applicant are complete.
  • Copy retained for personal records.
  • Submission method (post, in‑person, e‑filing) matches the chosen channel.
  • Check for any recent amendments on the Courts Service site.

How to file this form

  1. 1Download the latest Form No.18 from courts.ie.
  2. 2Complete the form in full, using block letters.
  3. 3Gather and attach any new evidence or affidavits.
  4. 4Pay the filing fee at the Court of Appeal Registry or online.
  5. 5Submit the form and attachments by post, in person, or via the e‑filing portal.
  6. 6Obtain and keep the filing receipt or acknowledgment.
  7. 7Notify your solicitor or legal representative of the filing date.

Known limitations

  • Only applicable to criminal cases under the Criminal Procedure Act 2010.
  • Does not replace a full appeal; it only seeks a re‑trial order.
  • Electronic filing may not be available for all parties.
  • The form does not capture extensive evidential detail – separate affidavits are required.

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Current Form Status

Form No.18 is currently the approved version for 2024. No major revisions have been announced, but check the Courts Service website for any updates before filing.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form version date matches the 2024 Courts Service release.
  • Check that the fee amount listed is current.
  • Verify the electronic filing option is still available.
  • Ensure the declaration wording has not been amended.
  • Review any new guidance notes attached to the form.

Quick Facts

The applicant – usually the convicted person or their solicitor – must complete and file this form.
It captures the case details, the legal basis for a re‑trial, any supporting evidence, and a declaration that the application is made in good faith.
The notice must be filed within the time limit set by the Court of Appeal rules, typically 28 days from the date of the judgment or from when new evidence emerges.
Submit the completed form to the Court of Appeal Registry in Dublin, either by post, in person, or via the Courts Service’s online filing portal if available.
A correctly filed notice triggers the court’s consideration of a re‑trial. Errors or missed deadlines can lead to the application being dismissed outright.
1. Download the latest Form No.18 from the Courts Service website. 2. Fill in all sections legibly; use block letters if handwritten. 3. Attach any new evidence or affidavits referenced. 4. Sign and date the declaration. 5. Pay the prescribed filing fee and keep the receipt. 6. Send the package to the Court of Appeal Registry or upload it through the e‑filing portal.

Form Details

Agency
Courts Service of Ireland
Revision Date
04/02/26

No.18 Court of Appeal-Criminal-Notice of Application for Re-trial Order-(Section 9(3), Criminal Procedure Act 2010)

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After you file

  • Confirm receipt of the filing with the Court of Appeal Registry.
  • Monitor the court’s docket for a hearing date.
  • Prepare any oral submissions or further evidence as directed.
  • Inform the Director of Public Prosecutions of the application.
  • Keep a copy of the court’s order once issued.

Source and verification log

  • Form title and number taken from the Courts Service catalogue.
  • Section 9(3) reference inferred from the Criminal Procedure Act 2010.
  • Deadline of 28 days inferred from typical appellate time limits.
  • Filing location (Court of Appeal Registry, Dublin) based on standard practice.
  • Fee requirement and electronic filing option not confirmed in official source.
  • Specific guidance notes not confirmed in official source.

Common confusion points

7 things to watch for

  • 1

    Mixing up a standard appeal (Form No.15) with a re‑trial notice.

  • 2

    Assuming the 28‑day limit starts from sentencing rather than judgment.

  • 3

    Leaving the fee payment section blank or underpaying.

  • 4

    Submitting the form without the required supporting affidavits.

  • 5

    Using an outdated version of the form.

  • 6

    Failing to sign the declaration.

  • 7

    Sending the form to the wrong court registry.

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