S.I. No. 41/1998 - District Court (Criminal Justice) Rules, 1998.

1. On the ..... day of .......... 19 ....., at ..... a.m./p.m., at ........, in the District aforesaid, in exercise of my powers under subsection (1) of

section 38

of the

Criminal Justice Act, 1994

, I seized and detained from one ..........£......... cash which was being *imported into *exported from the State and I had reasonable grounds for suspecting that it *(directly or indirectly represented the drug trafficking of one .................) *(was intended by .................. for use in drug trafficking.)

2. The basis of my suspicion is as follows:—

3. The amount seized is not less than the sum prescribed by the Minister for Justice for the purposes of section 38 of the said Act by the

Criminal Justice Act, 1994

(Section 44) Regulations, 1996 (

S.I. No. 167 of 1996

).

4. The continued detention of the cash beyond forty-eight hours from the time of its seizure is justified

* while its origin or derivation is further investigated

* while consideration is being given to the institution (whether in the State or elsewhere) of criminal proceedings against any person for an offence with which the case is connected.

5. I pray for an order authorising the detention of the cash *for the period of ...................... *until the ...... day of ......... 19 ......

*Delete inapplicable words.

...............................

Informant

Sworn before me this ...... day of .......... 19...... at ................... in the said District.

Signed............................................................ ........

Judge of the District Court

SCHEDULE B

O.38, r.5.

No. 38.5

ORDER AUTHORISING DETENTION OF CASH BEYOND FORTY-EIGHT HOURS

*District Court Area of

*District No.

*Dublin Metropolitan District

In the matter of an application under

section 38

of the

Criminal Justice Act, 1994

.

IT APPEARING from the information of ............................................................ .........................................

*a member of the Garda Síochána

*an officer of customs and excise

of ............................................................ ............................................................ .............................................. that on the ...... day of .......... 19...., at.....a.m./p.m., at ...................., in the District aforesaid, in exercise of his/her powers under subsection (1) of

section 38

of the

Criminal Justice Act, 1994

, he/she seized and detained from one .........£....... cash which was being *imported into *exported from the State and he/she had reasonable grounds for suspecting that it *(directly or indirectly represented the drug trafficking of one ....................) *(was intended by .......... for use in drug trafficking.)

AND IT FURTHER APPEARING that the amount seized is not less than the sum prescribed by the Minister for Justice for the purposes of section 38 of the said Act by the

Criminal Justice Act, 1994

(Section 44) Regulations, 1996 (

S.I. No. 167 of 1996

).

AND BEING SATISFIED that there are reasonable grounds for the suspicion of the informant and that detention of the cash beyond forty-eight hours from the time of its seizure is justified

* while its origin or derivation is further investigated

* while consideration is given to the institution (whether in the State or elsewhere) of criminal proceedings against any person for an offence with which the cash is connected.

IT IS ORDERED that the cash seized be detained *for the period of .............. *until the ..... day of .................. 19.....

This ...... day of .................... 19.....

Signed ....................................................

Judge of the District Court

*Delete inapplicable words.

SCHEDULE B

O.38, r.6(1).

No. 38.6

APPLICATION FOR AN ORDER AUTHORISING THE FURTHER DETENTION OF CASH

*District Court Area of

*District No.

*Dublin Metropolitan District

In the matter of an application under

section 38

of the

Criminal Justice Act, 1994

.

WHEREAS an order was made by the Court at ......... on the ..... day of .......... 19..... for the detention of£........ cash seized under the provisions of the aforesaid section *for the period of .......... *until the ...... day of .................. 19........;

TAKE NOTICE THAT ............................................................ ............................................................ ............

*a member of the Garda Síochána

*an officer of customs and excise

of ............................................................ ............................................................ ......................., the applicant will apply at the sitting of the District Court at .......... in said district on the ..... day of .......... 19......, at......a.m./p.m., at ...................., for an order authorising the further detention of the cash seized on the grounds

(a) that the applicant has reasonable grounds for suspecting that it *(directly or indirectly represents the drug trafficking of one ............) *(is intended by .......... for use in drug trafficking), and

(b) that further detention of the cash is justified

* while its origin or derivation is further investigated

* while consideration is given to the institution (whether in the State or elsewhere) of criminal proceedings against any person for an offence with which the cash is connected.

*Delete inapplicable words.

This...... day of .................... 19....

Signed................................................

Applicant

SCHEDULE B

O.38, r.6(3).

NO. 38.7

ORDER AUTHORISING FURTHER DETENTION OF CASH

*District Court Area of

*District No.

*Dublin Metropolitan District

In the matter of an application under

section 38

of the

Criminal Justice Act, 1994

.

UPON APPLICATION of............................................................ ............................................................ .........

*a member of the Garda Siochana

*an officer of customs and excise

of ............................................................ ............................................................ ....................................................

IT APPEARING that on the ...... day of .......... 19....., at....... a.m./p.m., at .........., in the District aforesaid, in exercise of his/her powers under subsection (1) of

section 38

of the

Criminal Justice Act, 1994

, he/she seized and detained from one ..........£...... cash which was being *imported into *exported from the State and he/she had reasonable grounds for suspecting that it *(directly or indirectly represented the drug trafficking of one ..........) *(was intended by .......... for use in drug trafficking.)

AND IT FURTHER APPEARING that the amount seized is not less than the sum prescribed by the Minister for Justice for the purposes of section 38 of the said Act by the

Criminal Justice Act, 1994

(Section 44) Regulations, 1996 (

S.I. No. 167 of 1996

).

AND BEING SATISFIED that there are reasonable grounds for the suspicion of the informant and that the further detention of the cash is justified

*while its origin or derivation is further investigated

*while consideration is given to the institution (whether in the State or elsewhere) of criminal proceedings against any person for an offence with which the cash is connected.

IT IS ORDERED that the cash seized be detained *for the period of .......... *until the ..... day of .......... 19......

*Delete inapplicable words.

This ..... day of .......... 19.....

Signed.....................................................

Judge of the District Court

SCHEDULE B

O.38, r.7(1).

No. 38.8

APPLICATION FOR AN ORDER DIRECTING THE RELEASE OF CASH

*District Court Area of

*District No.

*Dublin Metropolitan District

In the matter of an application under

section 38

of the

Criminal Justice Act, 1994

.

WHEREAS an order was made by the Court at .......... on the ..... day of .......... 19..... for the detention of£...... cash seized under the provisions of the aforesaid section *for the period of .......... *until the ..... day of ................ 19.....;

TAKE NOTICE that at the sitting of the District Court at .......... in the said district, on the ..... day of .......... 19....., at .....a.m./p.m. application will be made for an order directing the release of the said cash

*[*by .......... (being the person from whom the cash was seized)

*by ........... (being a person by or on whose behalf the cash was being imported or exported) on the grounds that there *are no *are no longer any grounds for its detention as are mentioned in subsection (2) of section 38 of the said Act];

*[by .......... (being any other person) on the grounds that there *are no *are no longer any grounds for its detention as are mentioned in subsection (2) of section 38 of the said Act *or that detention of the cash is not for that or any other reason justified].

*Delete inapplicable words.

This ..... day of .................... 19.....

Signed...........................................................

Applicant

SCHEDULE B

O.38, r.7(3).

No. 38.9

APPLICATION FOR AN ORDER DIRECTING THE RELEASE OF CASH

*District Court Area of

*District No.

*Dublin Metropolitan District

In the matter of an application under

section 38

of the

Criminal Justice Act, 1994

.

IT APPEARING that an order was made by the Court at .......... on the .... day of .......... 19....., for the detention of£....... cash seized under the provisions of the aforesaid section *for the period of .......... *until the ...... day of .......... 19.....;

UPON APPLICATION heard at the sitting of the District Court at ............ in the said District, on the ..... day of .......... 19....., at ..... a.m./p.m. for an order directing the release of the said cash

*by .......... (being the person from whom the cash was seized)

*by .......... (being a person by or on whose behalf the cash was being imported or exported)

*by .......... (being any other person)

AND BEING SATISFIED that (there *are no *are no longer any grounds for its detention as are mentioned in subsection (2) of the said section 38) (detention of the cash is not for that or any other reason justified

*Delete inapplicable words.

IT IS ORDERED that the cash be released to .............

This ...... day of .......... 19......

Signed.....................................................

Judge of the District Court

GIVEN this 30th day of June, 1997.

Peter Smithwick,

Chairman

John Garavan

John P. Clifford

Gillian M. Hussey

John P. Brophy

Deirdre M. Kennedy

Gerard Griffin

Sean McMullin

James McCormack Secretary

I concur in the making of the foregoing Rules.

Dated this 17th day of February, 1998.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE.

These Rules, which come into effect on 15th March, 1998 give effect to the provisions of the

Criminal Justice (Miscellaneous Provisions) Act, 1997

with the exception of provision of a seal for the District Court. In addition, three other matters are provided for, viz.

(

a

) The amendment to the Form 24.7 (List of Witnesses);

(

b

) The addition of Rule 11 to Order 25 which concerns the recital of charges in a warrant or a recognizance;

(

c

) The amendment to Order 38 regarding applications to the Court to detain or further detain cash seized under the

Criminal Justice Act, 1994

.

6. (1) An application to the Court under the provisions of subsection (3) of section 38 of the Act for an order authorising the further detention of cash seized shall be made by notice in the Form 38.6, Schedule B.

— notice of application.

(2) Notice of the application shall be served on any person to be affected by the order at least seven days before the date of hearing. A copy of the notice of application together with a statutory declaration as to service thereof shall be lodged with the Clerk at least forty-eight hours before the date of hearing.

— order.

(3) The order of the Court on the application shall be in the Form 38.7, Schedule B.

Release of cash.

7. (1) An application to the Court under the provisions of subsection (5) of section 38 of the Act for an order directing the release of cash detained by virtue of the provisions of the said section shall be by notice in the Form 38.8, Schedule B.

— notice of application.

(2) Notice of the application shall be served on the member of the Garda Síochána or officer of customs and excise on whose application the order for detention was made at least seven days before the date of hearing. A copy of the notice of application together with a statutory declaration as to service thereof shall be lodged with the Clerk at least forty-eight hours before the date of hearing.

— order.

(3) The order of the Court on the application shall be in the Form 38.9, Schedule B.

Venue.

8. Applications to the Court under the Act may be brought, heard and determined before a Judge of the District Court at any sitting of the Court within such Judge's District.

SCHEDULE B

O.38, r.5.

No. 38.4

INFORMATION

*District Court Area of

*District No.

*Dublin Metropolitan District

In the matter of an application under

section 38

of the

Criminal Justice Act, 1994

.

The information of ............................................................ ..................................................... *a member of the Garda Síochána

*an officer of customs and excise of ............................................................ ......................... who says on oath

9. Where an accused person is before the Court charged with an indictable offence not being dealt with in accordance with rules 1, 2, 3, 5 or 6 hereof the Judge shall conduct a preliminary examination of the charge.

Times for service of documents.

10. Whenever a warrant is issued for the purpose of enforcing an order made by the Court, the Clerk shall make a note on the minute book, charge sheet, fine register, as appropriate, of the issue of the warrant and its nature and date.

Particulars of offence to be contained in warrant and recognizance.

11. A warrant issued under these Rules and a recognizance entered into under these Rules in respect of an offence shall contain, either in the body thereof, or attached thereto, sufficient particulars to identify the offence or offences the subject of the warrant or recognizance as the case may be.

SCHEDULE 7

O.35, r.1.

ORDER 35

CERTIFIED COPIES OF ORDERS AND OF OTHER DOCUMENTS

13. Any further statement served upon the accused pursuant to section 6 (4) of the Act shall be in accordance with Form 24.10, Schedule B.

Deposition.

14. A deposition shall be in accordance with one of the Forms 24.11 to 24.14, Schedule B, as the case may be.

O.24, r.15.

Order on preliminary examination.

15. Where the Judge is of opinion that there is sufficient case to put the accused on trial for the offence with which he or she has been charged such Judge shall, having informed the accused of the requirements of

section 20

of the

Criminal Justice Act, 1984

, by order (Form 24.17, Schedule B) send the accused forward for trial.

Sending forward for trial on indictable offence other than that charged.

16. Where, pursuant to section 8 (2) of the Act, the Judge is of opinion that there is a sufficient case to put the accused on trial for some indictable offence other than that charged, he or she shall direct the prosecutor to prepare that charged, he or she shall be in accordance with Form 24.16, Schedule B. The new charge shall be read to the accused by the Clerk and the Court shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, than that 1984, by order (Form 24.17, Schedule B) send the accused forward for trial.

Where summary offence only disclosed.

17. Where, pursuant to section 8 (4) of the Act, the Judge is of opinion that a summary offence only is disclosed, and the Director of Public Prosecutions consents, he or she shall direct the prosecutor to prepare such summary charge, which shall be in accordance with Form 24.18, Schedule B. The new charge shall be read to the accused by the Clerk and the Judge shall deal with it accordingly.

Witness order.

18. An order requiring a witness, a statement of whose evidence has been supplied to the accused or whose deposition has been taken, to attend and give evidence at the trial of the accused and to produce any document or thing specified in the order shall be in accordance with Form 24.19, Schedule B.

Notice of Witness order.

19. The prosecutor shall cause a notice to be served upon each person in respect of whom a witness order has been made. Such notice shall be in accordance with Form 24.20, Schedule B and shall be served by a member of the Garda Siochana as provided by Order 10 of these rules.

Where person unlikely to comply with witness order.

20. An application pursuant to section 9 (3) of the Act alleging that a particular person is unlikely to comply with a witness order shall be by information in accordance with Form 24.21, Schedule B.

Summons or warrant to issue.

21. A summons or warrant which may be issued by the Judge on foot of such information shall be in accordance with Form 24.22 or 24.23, Schedule B as the case may be.

Failure to comply with summons warrant to issue.

22. A warrant pursuant to section 9 (3) of the Act for the arrest of a person who fails to attend in answer to a summons issued under rule 21 of this Order shall be in accordance with Form 24.24, Schedule B.

Persons may be bound by recognisance.

23. Where the person referred to in rule 20 is before the Court either in obedience to a summons or by virtue of a warrant and enters into a recognisance it shall be in accordance with Form 24.25, Schedule B. A warrant for his or her committal on refusing to enter into such recognisance shall be in accordance with Form 24.26, Schedule B.

O.24, r.24.

Application to take section 14(1) deposition.

24. An application for the taking of a deposition pursuant to section 14 (1) of the Act shall be by information which shall be in accordance with Form 24.27, Schedule B.

Summons or warrant to issue.

25. A summons or warrant which may be issued by the Judge on foot of such information shall be in accordance with Form 24.28 or 24.29, Schedule B, as the case may be.

Failure to answer summons — warrant to issue.

26. A warrant for the arrest of a person who fails to attend in answer to a summons issued under rule 25 shall be in accordance with Form 24.30, Schedule B.

Securing attendance of accused.

27. A summons or warrant for securing the attendance of the accused before the Judge shall be in accordance with Form 24.31 or 24.32, Schedule B, as the case may be. Where the accused is in custody the warrant shall be in accordance with Form 24.33, Schedule B.

Failure to attend on summons.

28. A warrant for the arrest of an accused who fails to attend in answer to a summons issued under rule 27 shall be in accordance with Form 24.34, Schedule B.

Transmission of deposition by Clerk.

29. A deposition taken pursuant to section 14 of the Act by a Judge other than the Judge conducting the preliminary examination shall be transmitted by the Clerk to the Clerk for the court area to which the accused stands remanded.

Sending forward in custody or on bail.

30. Where the Court makes an order sending a person forward for trial or sentence, the Court may by warrant (Form 24.35, Schedule B) commit such person to prison to await his or her trial or sentence or release that person conditionally on his or her entering into a recognisance (Form 18.2 or 18.4, Schedule B, as the case may be).

Provisions of O.18 regarding bail to apply.

31. The provisions regarding bail, contained in Order 18 of these Rules, in respect of a person charged before the Court with an offence, shall also apply in the case of person sent forward for trial or sentence with consent to bail.

Transmission of documents to County Registrar.

32. Where the Court makes an order sending an accused forward for trial or sentence, the Clerk for the court area where such order was made shall transmit to the appropriate County Registrar within ten days from the making of such order, or forthwith where the trial of the accused is imminent,

(a) the document on which the Judge conducted the preliminary examination;

O.24, r.32.

(b) any deposition or statement taken before any Judge in relation to the charge in respect of which such order was made;

(c) any exhibit put in evidence and handed into the Court;

(d) the order of the Judge sending the accused forward for trial or sentence;

(e) the witness order made by the Judge;

(f) any recognisance taken in relation to the case, or money lodged in lieu of surety or sureties;

(g) a plea of guilty (if any).

Transmission of further document to Co. Registrar.

33. Where, after an accused person has been sent forward for trial, a recognisance is entered into by a witness under section 9 (3) of the Act or a deposition is taken under section 14 of the Act, the Clerk shall transmit the recognisance or deposition, as the case may be, to the appropriate.

Illness of Judge during taking of depositions.

34. Where under Part II of the

Criminal Procedure Act, 1967

, a preliminary examination of an indictable offence is being conducted by a particular Judge and, owing to the illness of that Judge or for any other reason, the examination is continued by another Judge, a deposition or statement taken or signed by the former may for the purposes of that Act be treated by the latter as if it had been taken or signed by him or her.

Adjournment of preliminary examination.

35. At any stage of the preliminary examination the Judge may adjourn the same to any other day and to any other court or place in his or her District, and may remand the accused either in custody or on bail to appear at such adjourned hearing. In such event the information, depositions and recognisances (if any) already taken shall be forwarded to the Clerk of the Court Area in which the adjourned examination is to take place.

Transmitting a person to another district.

36. Where a person is charged before the Court with an indictable offence and it appears to the Court that evidence (or further evidence) will be available before the Court in some other District, the Court may remand such person either in custody or on bail to appear before the Court in such other District. Where the remand in custody is for a period not exceeding four days the Court may commit such a person to the custody of a member of the Garda Síochána. The warrant of committal shall be in accordance with Form 24.36 or 24.37, Schedule B, as the case may be. Where such person is remanded on bail the recognisance shall be in accordance with Form 18.1 or 18.3, Schedule B, as the case may be.

O.24, r.36.

Judge of such other district to receive all documents.

(2) When such person appears or is brought before the Court in such other District the Judge shall receive the informations, depositions and recognisances (if any) already taken, and they shall thereupon be deemed to have been taken and treated to all intents as if they had been taken before such Judge, who shall proceed to deal with the case.

Documents to be transmitted to Clerk.

(3) All informations, depositions, recognisances or money lodged in lieu of sureties (if any) taken in the matter shall be transmitted by the Clerk of the Court for the Court Area in which the same shall have been taken to the Clerk of the Court for the Court Area in which the person is to appear.

SCHEDULE B

O.24, r. 10 (1).

No. 24.7

CRIMINAL PROCEDURE ACT, 1967

section 6 (1) (

c

)

LIST OF WITNESSES

*District Court Area of

*District No.

*Dublin Metropolitan District

............................................................ ............................................................ ... Prosecutor

............................................................ ............................................................ ...... Accused

The following is a list of the witnesses whom it is proposed to call at the trial:—

............................................................ ............................................................ .....................

No. Name

............................................................ ............................................................ ..................

............................................................ ............................................................ ...................

Dated this ...... day of.................. 19.....

Signed......................................................

by or on behalf of Prosecutor

*Delete inapplicable words.

SCHEDULE 6

ORDER 25

ISSUE OF WARRANTS IN EXECUTION OF COURT ORDERS

Warrants of committal — sentence of imprisonment.

S.I. No. 41 of 1998.

DISTRICT COURT (CRIMINAL JUSTICE) RULES, 1998.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Court of Justice Act, 1924,

section 72

of the

Courts of Justice Act, 1936

,

section 17

of the

Interpretation Act, 1937

[as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

] and

section 34

of the

Courts (Supplemental Provisions) Act, 1961

, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following Rules of Court:—