S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 (2001_si_194) | IE

ISB SI

Reg. 1 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

1. Where, upon the non-performance of a condition of a recognisance which the Court has power to estreat it is intended to apply to the Court for an order to estreat the recognisance or for an order to forfeit a sum of money which was lodged in lieu of a surety or sureties by the party entering into the recognisance, the recognisance shall first be produced to a Judge assigned to the court district wherein it is then deposited, who may, upon having such proof as the Judge shall think fit, endorse, on the recognisance a certificate in the Form 27.1 Schedule B, and such certificate shall be evidence of the non-performance of any condition of the recognisance certified therein.

Venue for application to estreat or to forfeit

ISB SI

Reg. 2 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

2. An application for an order to estreat such recognisance or to forfeit such sum of money shall be made by a superintendent of the Garda Síochána and may be made at any subsequent sitting of the Court at which the order directing that the recognisance be entered into was made or before which the principal party was bound by the recognisance to appear.

Notice of application — to estreat

ISB SI

Reg. 3 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

3. (1) Such application for an order to estreat shall be preceded by the issue and service of a notice in the Form27.2 Schedule B upon the principal party or the surety or sureties to the recognisance or upon all or any of them as appropriate notifying them of such application.

— to forfeit money lodged

(2) Such application for an order to forfeit a sum of money lodged in lieu of a surety or sureties shall be preceded by the issue and service of a notice in the Form 27.3 Schedule B upon the party by whom the said sum was lodged.

— Service of notice

(3) A notice issued under this rule shall be served upon each person to whom it is directed in accordance with the provisions of Order 10, rule 3(1) of these Rules or by ordinary post and shall be served at least seven days before the date fixed for hearing the application.

(4) Where the person upon whom it is proposed to serve a notice issued under this rule has not a fixed address within the State, service of the notice upon that person may be effected in such manner as the Judge shall direct.

(5) Where, however, it is proposed to serve a notice of application for an order to forfeit a sum of money lodged in lieu of a surety or sureties and the Judge is satisfied., upon application made in that behalf, that the person to be served has not a fixed address within the State and that the person's whereabouts are unknown and cannot be ascertained by reasonable enquires, the Judge may, if considering it proper to do so, by order dispense with service in such case.

— Lodgment of notice

(6) When service of a notice issued under this rule has been effected, the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date fixed for the hearing.

Order of the Court

ISB SI

Reg. 4 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

4. The Court, on hearing an application aforementioned and upon production of the recognisance with the certificate aforesaid endorsed thereon and on hearing any further evidence (if any) tendered in support of the application, may,

— to estreat

(

a

) where the application is for an order to estreat a recognisance, make an order in the Form 27.4, Schedule B (which may be by way of an endorsement on the recognisance) to estreat the recogni-sance in such amount or amounts and against the principal party or the surety or sureties or against all or any of them as the Court thinks fit.

*

Provided that a recognisance shall not be estreated against any person who has not been served with the notice of application to estreat; or

— to forfeit money lodged

(

b

) where the application is for an order to forfeit a sum of money lodged in lieu of a surety or sureties, make an order in the Form 27.5 Schedule B(which may be by way of an endorsement on the recognisance) directing the forfeiture of the sum of money lodged or any part thereof.

Clerk to send notices

ISB SI

Reg. 5 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

5. (1) Whenever the Court makes an order to estreat a recognisance the Clerk shall send by ordinary post to each person against whom the order was made a notice in the Form 23.1 Schedule B (with any necessary modifications)informing that person of the making of the order, of the amount in which the recognisance has been estreated against that person and of the time (if any) allowed for payment thereof.

(2) Whenever the court makes an order directing the forfeiture of a sum of money lodged in lieu of a surety or sureties (or part thereof) the Clerk shall, if the whereabouts of the person by whom the sum of money was lodged are known, notify such person of the making of the said order and of the amount of money which was directed to be forfeited. Where such amount is les than the sum of money lodged the balance shall be repayable to such person.

Enforcement of order — by distress

ISB SI

Reg. 6 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

6. (1) Where an order to estreat a recognisance has not been complied with, the Court may, at any time after the expiration of the time allowed for payment or, if no such time was allowed, at any time after the making of the order to estreat, issue a warrant in the Form 27.6 Schedule B to levy the amount due by any person under the order by distress and sale of the goods of such person.

by committal

*

(2) At any time after the issue of such warrant of distress the said superintendent may, having first given at least seven days' notice of the application (in the Form 27.7 Schedule B) to the person against whom the warrant of distress was issued (the respondent) and having lodged the original of that Form with the Clerk, apply to the Court for the issue of a warrant to commit the respondent to prison, and the Court may, if satisfied on hearing the applicant that it was found impossible to execute that warrant of distress, issue a warrant (Form 27.8 Schedule B) to commit the respondent to prison for a term not exceeding the appropriate period specified in the scale set out in Order 23, r. 7 of these Rules, and thereupon the applicant shall return the warrant of distress to the Court for cancellation.

In case of peace recognisance — fresh bond may be required

ISB SI

Reg. 7 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

7. Where the Court estreats as against the principal party a recognisance to keep the peace or to be of good behavior or to keep the peace and to be of good behaviour it may, in addition to estreating the recognisance, order the principal party to enter into a fresh recognisance during the period for which it would have remained in force but for the order to estreat.

PROCEDURE UNDER BAIL ACT 1997

0.27, r.8

Estreatment and forfeiture

ISB SI

Reg. 8 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

8. (

a

) Where an accused person who is admitted to bail on his or her entering into a recognisance with or without a surety or sureties conditioned for his or her appearance before a specified court on a specified date and at a specified time and place fails to appear in accordance with his or her recognisance and the court issues a warrant for the arrest of the person, the court shall order the recognisance of the person and of any surety or sureties to be estreated and shall order the forfeiture of the amount paid into court by the accused person and any surety or sureties.

(

b

) Where a person is brought before a court pursuant to section 9(6) and the court is satisfied that the person has contravened a condition of his or her recognisance, the court shall order the recognisance of the person and of any surety or sureties to be estreated and the moneys paid into court by the accused person and any surety or sureties or any part thereof to be forfeited.

Notice of

(

c

) Notice of the order in the Form 27.9 Schedule B shall be served on the accused and on any surety or sureties by prepaid ordinary post.

Vary/Discharge Application

ISB SI

Reg. 9 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

9. (

a

) An application to vary or discharge an estreatment or forfeiture order made under section 9(1) or 9(7) may be made within 21 days of the making of the order (Form 27.10, Schedule B). Notice of the application shall be served on the prosecutor by prepaid ordinary post at least seven days before the hearing of the application.

Order

(

b

) An order varying or discharging an estreatment of forfeiture order shall be in the Form 27.11, Schedule B.

Enforcement

ISB SI

Reg. 10 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

10. Orders for estreatment made under this Act shall be enforced in accordance with Rule 6 of this Order.

SCHEDULE 15

SCHEDULE B0.27, r.10(

c

)

No. 27.9

BAIL ACT 1997

Section 9(1)

NOTIFICATION OF FORFEITURE AND ESTREATMENT OF

BAIL MONEYS

District Court Area of

District No.

ACCUSED ............................................................ ............................................................ .....................................................

OF ............................................................ ............................................................ ..........................................................

Please note that at a sitting of the District Court at .......................... on the ...... day of ................ 20 the Court, in accordance with

section 9

of the

Bail Act 1997

ordered that the recognisance entered into by you as *

accused/surety on ........ day of ........................ 20 be estreated as *

you/the accused failed to comply with the conditions of the said recognisance.

The effect of this order is that

(i) the sum of £/€ lodged by you is forfeited ......................................................

(ii) an estreatment order has been made in the sum of £/€

You were allowed a period of ............................................. for the payment of said sum. In default of said payment in the time allowed the said sum to be levied by distress and sale of your goods.

Payment should be made to the District Court Clerk at the address below. Cheques, postal orders, or money orders should be crossed and made pay-able to the said Clerk.

You have 21 days from the making of the order to apply to the court for a variation or discharge of the order.

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

District Court Clerk

District Court Office

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

To .............................

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

............................. *

Accused/Surety

Total of Recognisance

Amount lodged

Amount of Estreatment

£/€ ....................

SCHEDULE B0.27, r.9(

a

)

No. 27.10

BAIL ACT 1997

Section 9(8)

APPLICATION TO VARY/DISCHARGE

FORFEITURE/ESTREATMENT ORDER

APPLICANT ............................................................ ............................................................ .....................................................

I am the *

accused/surety to a recognisance entered into on the ........ day of .................. 20 in the case of..................................Prosecutor

and

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

And Whereas on the ........... day of ........................ 20 the Court ordered that the said recognisance be estreated.

I hereby apply to the sitting of the District Court at ............................... on the ........ day of ........................... 20 at ............ a.m. / p.m. for a variation/discharge of the estreatment order.

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

Applicant

To ..................................... Prosecutor

SCHEDULE B0.27, r.9 (

b

)

No. 27.11

BAIL ACT, 1997

Section 9(8)

ORDER VARYING/DISCHARGING

FORFEITURE/ESTREATMENT ORDER

Applicant ............................................................ ............................................................ ..................................................... the *

accused/surety to a recognisance entered into on the .................... day of ........... 20 in the case of....................................Prosecutor

and

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

ON ............... day of ......................................... 20 the Court ordered that the said recognisance be estreated.

Upon hearing an application to the Court this day for a variation/discharge of the said ESTREATMENT/FORFEITURE order.

THE COURT ORDERED AS FOLLOWS

DATED THIS ........... DAY OF .............................. 20

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

Judge of the District Court

To ..................................... Prosecutor

GIVEN this 11th day of September, 2000.

Peter Smithwick

John Garavan

Uinsin Mac Gruairc

John P. Brophy

Mary C. Devins

P. J. Fitzpatrick

Olive Caulfield

Chairman.

I concur in the making of the foregoing Rules.

Dated this 4th day of May, 2001.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules regulate certain aspects of the practice and procedure of the District Court and in particular take account of changes arising from the entry into force of the

Criminal Justice Act, 1999

and the

Bail Act, 1997

.

Article 34 of the Constitution of Ireland and

Criminal Procedure Act, 1967

[s. 41(1)].

Criminal Justice Act, 1951

[s. 20(3)].

Criminal Procedure Act, 1967

[s. 41(2)] Bail Act, 1997 [s. 4(2)(

b

)].

§

Criminal Justice Act, 1951

[s. 20(4)].

¶

Criminal Procedure Act, 1967

[s. 4J(1)(a)].

#

Bail Act, 1997

[s. 4(3)].

Criminal Justice Act, 1951

[s. 15] as amended.

†

Criminal Procedure Act, 1967

[s. 31] as amended.

*

Criminal Procedure Act, 1967

[s. 30(2)].

Delete where appropriate.

Criminal Procedure Act, 1967 [s. 28(1)].

†

Criminal Procedure Act, 1967

[s. 29(1)], as amended.

‡

Criminal Procedure Act, 1967

[s. 28(2)].

§

Criminal Procedure Act, 1967

[s. 28(2)].

¶

Criminal Procedure Act, 1967

[s. 26].

Delete where appropriate.

Insert condition(s)

Delete where inapplicable.

Delete whichever inapplicable

Delete where inapplicable.

(

1)

Being a period not exceeding eight days from the date hereof.

(2)

Being a period not exceeding fifteen days from the date hereof and this not being the occasion of the first appearance of the accused before the court.

(3)

Being a period exceeding 15 days but not exceeding thirty days from the date hereof, the accused and prosecutor so consenting and this not being the occasion of the first appearance of the accused before the Court.

Delete where appropriate.

* Delete whichever inapplicable

Criminal Justice Act, 1951

[s. 2(2) (

a

)] as substituted by

section 8

of the

Criminal Justice (Miscellaneous Provisions) Act, 1997

.

†

Criminal Procedure Act, 1967

[s. 13(2), (

a

)].

‡

Criminal Procedure Act, 1967

[s. 19].

§

Criminal Procedure Act, 1967

[s. 20].

¶

Criminal Procedure Act, 1967

[s. 13(2) (

b

)].

* Delete whichever inapplicable

† Delete where inapplicable

* Delete whichever inapplicable

* Delete inapplicable words

Delete whichever inapplicable

† Delete where inapplicable

* Delete whichever inapplicable

Delete whichever inapplicable

† Delete where inapplicable

* Delete whichever inapplicable

Delete where inapplicable

* Delete where inapplicable

*Delete where inapplicable

* Delete where inapplicable

* Delete whichever inapplicable

† Delete where inapplicable

* Delete whichever inapplicable

* Delete where inapplicable

† Delete where place of custody is within the Dublin Metropolitan Police District

* Delete whichever inapplicable

* Petty Sessions (Ireland) Act, 1851.

* Delete whichever inapplicable

ISB SI

Reg. 11 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

11. 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 documents specified in Section 4B of the Act and lodged by the prosecutor pursuant to rule7 (2);

(

b

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

(

c

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

(

d

) a plea of guilty (if any)

Sending forward in custody or on bail

ISB SI

Reg. 12 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

12. Where the Court makes an order sending a person forward for trial or sentence, the Court may by warrant (Form 24.10, 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 (Form18.2 or 18.4, Schedule B, as the case may be).

Provisions of O.18 regarding bail to apply

ISB SI

Reg. 13 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

13. 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 a person sent forward for trial or sentence with consent to bail.

Witness summons warrant

ISB SI

Reg. 14 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

14. A summons or warrant issued by the Judge on foot of an Order of the trial Court under Section 4F(2) of the Act shall be in accordance with the Form or 24.11 or 24.12, Schedule B as the case may be.

Failure to answer summons warrant to issue

ISB SI

Reg. 15 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

15. A warrant for the arrest of a person who fails to attend in answer to a summons issued under rule 14 shall be in accordance with Form 24.13, Schedule B.

Securing attendance of accused

0.24, r.16

ISB SI

Reg. 16 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

16. A summons or warrant for securing the attendance of the accused before the Judge pursuant to an Order of the Trial Court under section 4F (3) of the Act shall be in accordance with Form 24.14 or 24.15 Schedule B, as the case may be, Where the accused is in custody the warrant shall be in the Form 24.16, Schedule B.

Failure to attend on summons

ISB SI

Reg. 17 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

17. A warrant for the arrest of an accused who fails to attend in answer to a summons issued under rule 16 shall be in accordance with Form 24.17, Schedule B.

Deposition

ISB SI

Reg. 18 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

18. A deposition taken pursuant to section 4F of the Act shall be in accordance with the Form 24.18, Schedule B.

Transmission of further documents

Where, after an accused person has been sent forward for trial, a deposition is taken under section 4F of the Act the Clerk shall transmit the deposition to the appropriate County Registrar.

Transmitting a person to another district

ISB SI

Reg. 19 S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

19. (1) Where a person is charged before the Court within 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 person to the custody of a member of the Garda Síochána. The warrant of committal shall be in accordance with Form 24.19 or 24.20, 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.

SCHEDULE 12

SCHEDULE B0.24, r.5

No. 24.1

CRIMINAL PROCEDURE ACT, 1967

Section 13(2) (

b

)

PLEA OF GUILTY

District Court Area of

District No.

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

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

I, ............................................................ .. the above-named accused, being before the Court charged that

hereby plead guilty to the said charge

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

Accused

Taken before me this day of 20

at

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

Judge of the District Court

SCHEDULE B0.24, r.5

No. 24.2

CRIMINAL PROCEDURE ACT, 1967

Section 13(2) (

b

)

ORDER SENDING FORWARD ON A PLEA OF GUILTY

District Court Area of

District No.

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

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

WHEREAS the above-named accused is before the Court charged that ............................................................ ......................

AND WHEREAS the Court has ascertained that he/she wishes to plead guilty to the said charge;

AND WHEREAS the Court is satisfied that the accused understands the nature of the offence and the facts alleged;

AND WHEREAS the accused has signed a plea of guilty;

AND the Director of Public Prosecutions consents to the accused being sent forward for sentence

THE COURT HEREBY ORDERS that he/she be sent forward for sentence on the aforesaid

charge to the

*

present

at .................

*

in custody

*

on conditional release as set out hereunder.

(THE COURT FURTHER ORDERS that until the said conditions of release are fulfilled the accused be detained in custody).

Dated this day of 20 .

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

Judge of the District Court

†

Consent to and conditions of release

The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€............................. *

(of which £/€ cash to be lodged)*

and one sufficient surety in the sum of £/€...............................(of which£/€...............................cash to be lodged) or two sufficient sureties in the sum of £/€........................each (of which £/€....................... cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and *

to sign on daily/weekly at ....................... Garda station between..........a.m. and.........p.m. and........................................................And further consents that in lieu of such surety of the sum of £/€...................be accepted.

Dated this day of 20 .

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

Judge of the District Court

SCHEDULE B0.24, r.7(1)

No. 24.3

CRIMINAL PROCEDURE ACT, 1967

Section 4B (1) (

a

)

STATEMENT OF CHARGES

District Court Area of

District No.

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

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

The above-named accused is charged as follows:—

(here set out copy of each charge that has been preferred against the accused)

Dated this day of 20 .

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

by or on behalf of Prosecutor

No. 24.4

CRIMINAL PROCEDURE ACT, 1967

Section 4B (1) (

b

)

COPY OF SWORN INFORMATION

District Court Area of

District No.

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

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

No. 24.5

CRIMINAL PROCEDURE ACT, 1967

Section 4B (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 20 .

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

by or on behalf of Prosecutor

No. 24.6

CRIMINAL PROCEDURE ACT, 1967

Section 4B (1) (

d

)

STATEMENT OF EVIDENCE

District Court Area of

District No.

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

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

Statement of the evidence that is to be given by ...............................

(witness no. ):—

No. 24.7

CRIMINAL PROCEDURE ACT, 1967

Section 4B (1) (

g

)

LIST OF EXHIBITS

District Court Area of

District No.

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

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

Number or other identifying mark on exhibit

Description of exhibit

Dated this day of 20 .

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

by or on behalf of Prosecutor

SCHEDULE B0.24, r.8

No. 24.8

CRIMINAL PROCEDURE ACT, 1967

Section 4C (1) (

c

)

FURTHER STATEMENT OF EVIDENCE

District Court Area of

District No.

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

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

Further statement of the evidence that is to be given by......................

.......................... (witness no ):-

SCHEDULE B0.24, r.10

No. 24.9

CRIMINAL PROCEDURE ACT, 1967

Section 4A (1)

ORDER SENDING FORWARD FOR TRIAL

District Court Area of

District No.

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

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

WHEREAS the above-named accused is before the Court charged that

AND WHEREAS the Director of Public Prosecutions consents to the accused being sent forward for trial and the documents specified in Section4B(1) of the Act have been served on the accused.

AND WHEREAS I have informed the accused of the requirements of

Section 20

of the

Criminal Justice Act, 1984

, *

and

Section 3

of the

Offences against the State (Amendment) Act, 1998

.

I HEREBY ORDER that the accused be sent forward for trial on the

aforesaid offence(s) to the

*

present

........................................................Court at............................................

*

in custody / *

on conditional release as set out hereunder.

†

(I FURTHER ORDER that until the said conditions of the release are fulfilled the accused be detained in custody).

Dated this day of 20 .

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

Judge of the District Court

† Consent to and conditions of release

The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€ ............................... *

(of which £/€ cash to be lodged)*

and one sufficient surety in the sum of £/€ ................................. (of which£/€ .................................... cash to be lodged) or two sufficient sureties in the sum of £/€ ..................................... each (of which £/€ .................................... cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and *

to sign on daily/weekly at .................................. Garda station between ......... a.m. and ........... p.m. and ............................................................ . And further consents that in lieu of such surety or sureties lodgement of the sum of £/€ ............................ be accepted.

Dated this day of 20 .

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

Judge of the District Court

SCHEDULE B0.24, r.12

No. 24.10

COMMITTAL WARRANT

(sending forward for trial or sentence)

District Court Area of

District No.

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

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

WHEREAS the above-named accused was this day before the Court charged that .........................................................

AND WHEREAS the accused has been sent forward for

*

trial

*

sentence

on the said charge to the

*

present

sitting of the ............................................................ .. Court at ......................................................

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused ............................................................ ...... of .......................................................... in the *

(person) *

(remand institution, he being a person who is not less than sixteen nor more than twenty-one years of age) at ................................. there to be

detained by the

*

Governor

*

person in charge

thereof until his/her

*

trial

*

sentence

for the said offence and his/her discharge in due course of law.

Dated this day of 20 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†

Consent to and conditions of release

The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€.................................................... *

(of which £/€ cash to be lodged)*

and one sufficient surety in the sum of £/€ ............................... (of which£/€ ................................ cash to be lodged) or two sufficient sureties in the sum of £/€ .................................. each (of which £/€ ................................. cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and *

to sign on daily/weekly at ................................... Garda station between ........ a.m. and .............. p.m. and ............................................................ ........

And further consents that in lieu of such surety or sureties lodgement of the sum of £/€ .......................... be accepted.

Dated this day of 20 .

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

Judge of the District Court

SCHEDULE B0.24, r.14

No. 24.11

CRIMINAL PROCEDURE ACT, 1967

Section 4F

WITNESS SUMMONS

District Court Area of

District No.

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

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

WHEREAS ON application to the .................. Court on .................... in the above case

the Court ordered it would be in the interests of justice that your evidence be taken by way of *

sworn deposition *

live television link

AND WHEREAS a copy of the said order has been produced to me

I HEREBY COMMAND YOU to attend at the sitting of the District Court

to be held at ............................................................ ............................................................ ................................................

on the ............ day of ............................................................ ............... 20 ..............., at ................ to give evidence by way of *

sworn deposition *

live television link

*

AND you are to bring with you the following documents (or things):—

Dated this day of 20 .

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

Judge of the District Court

To

of

No. 24.12

CRIMINAL PROCEDURE ACT, 1967

Section 4F

WARRANT FOR ATTENDANCE OF WITNESS

District Court Area of

District No.

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

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

WHEREAS ON application to the ....................................................... Court on ........................................ in the above case

the Court ordered it would be in the interests of justice that the evidence of ............................................................ .......... of ............................................................ ..........

be taken by of

*

sworn deposition

*

live television link

AND WHEREAS copy of said order has been produced to me

AND WHEREAS I am satisfied from the Information on oath and in writing of ............................................................ ............. that it is probable that he/she will not attend without being compelled to do so;

I HEREBY ORDER ACCORDINGLY AND COMMAND YOU to whom this warrant is addressed to arrest the said ................................ of .................................... and bring him/her before me or another Judge to be dealt with according to law

Dated this day of 20 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

SCHEDULE B0.24, r.15

No. 24.13

CRIMINAL PROCEDURE ACT, 1967

Section 4F (2)

WARRANT FOR ARREST OF WITNESS

(non-attendance on summons)

District Court Area of

District No.

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

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

WHEREAS on the day of 20 , a summons was issued requiring ............................................................ .............. of ............................................................ to attend as a WITNESS at a sitting of the District Court at .............................................. on the day of 20 , at .m. for the purpose of taking his/her evidence by way of *

sworn deposition*

live television link;

AND WHEREAS the said ............................................................ ........................... has failed to attend at the said time and place;

AND WHEREAS it has been duly proved that the summons was served upon the said ............................................................ ....... in accordance with the provisions of the District Court Rules;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ............................................................ ...... of ................................................ and to bring him/her before me or another judge to be dealt with according to law.

Dated this day of 20 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

SCHEDULE B0.24, r.16

No. 24.14

CRIMINAL PROCEDURE ACT, 1967

Section 4F

SUMMONS TO ACCUSED TO ATTEND TAKING OF EVIDENCE BY *

DEPOSITION *

LIVE TELEVISION LINK

District Court Area of

District No.

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

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

YOU ARE HEREBY COMMANDED to attend the sitting of the District Court to be held at ............................ on the day of 20 , at .m. for the purpose of being present at the taking of the evidence by *

sworn deposition *

live television link of ............................................. in the above-named proceedings.

Dated this day of 20 .

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

Judge of the District Court

To

of

(the above name accused)

No. 24.15

CRIMINAL PROCEDURE ACT, 1967

Section 4F

WARRANT FOR ARREST OF ACCUSED

District Court Area of

District No.

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

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

WHEREAS ON application to the ......................................................... Court on ......................................... in the above case the Court ordered it would be in the interests of justice that the evidence of .............................. of ..................................... be taken by way of

*

sworn deposition

*

live television link

AND WHEREAS a copy of said order has been produced to me

AND WHEREAS from the Information on oath and in writing of .......................................... I am satisfied that it is probable that the accused will not attend at the taking of the evidence of the said witness without being compelled to do so;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said accused ..................................................... of .......................................................... and to bring him/her before me or another Judge to be dealt with according to law.

Dated this day of 20 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

No. 24.16

CRIMINAL PROCEDURE ACT, 1967

Section 4F (4) (b)

WARRANT TO PRODUCE ACCUSED

District Court Area of

District No.

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

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

SEND in custody the above-named accused who was committed on the day of 20 , for the purpose of his/her being present at the taking of the evidence by *

sworn deposition *

live television link of ............................................................ .. of ............................................................ .. at the sitting of the District Court to be held at ...................................... on the day of 20 .

Dated this day of 20 .

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

Judge of the District Court

To the *

Governor

*

person in charge

of the *

prison

*

remand institution

at

SCHEDULE B0.24, r.17

No. 24.17

CRIMINAL PRCEDURE ACT, 1967

Section 4F (4) (

b

)

WARRANT FOR ARREST OF ACCUSED

(non appearance on summons)

District Court Area of

District No.

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

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

WHEREAS on the day of 20 , a summons was issued requiring ................................................ of ......................................... to attend at a sitting of the District Court at ........................................ on the ......... day of ............ 20 ........., at .m. for the purpose of being present at the taking of the evidence by way of *

sworn deposition *

live television link of ............................................................

AND WHEREAS the said ................................................. has failed to attend at the said time and place;

AND WHEREAS it has been duly proved that the summons was served upon the said ............................................... in accordance with the provisions of the District Court Rules;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said accused ............................................................ ........ of ............................................................ ........ and to bring him/her before me or another Judge to be dealt with according to law.

Dated this day of 20 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

SCHEDULE B0.24, r.18

No. 24.18

CRIMINAL PROCEDURE ACT, 1967

Section 4F

DEPOSITION

District Court Area of

District No.

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

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

THE DEPOSITION OF ................................................... of ................................................ taken before me, the presence and hearing of the above-named accused who stands charged as set out in the statement of charges served upon him/her and the accused having been first informed that this deposition may be read as evidence at his/her trial if it is proved that

(a) the deponent is dead or unable to attend or prevented from attending to give evidence at the trial *

through fear or intimidation, and

(b) the deposition was taken in the presence of the accused, and

(c) an opportunity was given for the cross-examination and re-examination of the deponent

(This deposition shall not be read if the trial judge considers that to do so would not be in the interests of justice.)

The deponent says on oath.

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

Deponent

Taken before me this day of 20

at

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

Judge of the District Court

SCHEDULE B0.24, r.19 (1)

No. 24.19

COMMITTALWARRANT

(accused remanded to another district)

District Court Area of

District No.

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

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

WHEREAS the above-named accused was this day before the Court charged that ............................................................ ......

AND WHEREAS the Court is satisfied that evidence *

(further evidence) will be available at the sitting of the District Court at ....................................... on the ............ day of .......... 20 at a.m. / p.m.

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused ........................................................... of ............................................ in the *

(prison) *

(remand institution, he being a person who is not less than sixteen years nor more than twenty-one years of age) at ............................................................ .............

there to be detained by the *

Governor

*

person in charge

thereof until the above time of sitting (being a period not exceeding eight days from the date hereof) when he shall have him/her at the said sitting to be further dealt with according to law.

Dated this day of 20 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†

Consent to and condition of release

The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€ ............................................ *

(of which £/€ cash to be lodged) *

and one sufficient surety in the sum of £/€ ................................. (of which £/€................................................ cash to be lodged) or two sufficient sureties in the sum of £/€ each (of which £/€ .................................................. cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and *

to sing on daily/weekly at ....................................................... Garda station between .............a.m. and ................ p.m. and ...........................

Dated this day of 20 .

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

Judge of the District Court

No. 24.20

REMAND WARRANT TO GARDA SÍOCHÁNA STATION

(accused remanded to another district)

District Court Area of

District No.

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

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

WHEREAS the above-named accused was this day before the Court charged that ............................................................ ......................

AND WHEREAS the Court is satisfied that *

(evidence) *

(further evidence) will be available ...................................................... at the sitting of the District Court at ......................... on the .................... day of ........ 20 , at am/ p.m.

†

(AND WHEREAS the Court is satisfied that suitable facilities are available at ................................ for the custody of the accused during the period of remand);

THIS IS TO COMMAND YOU to whom this warrant is addressed to commit the accused to the custody of a member of the Garda Síochána at there to be detained until the above time of sitting when the member shall have him/her at the above place to be further dealt with according to law.

Dated this day of 20 .

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

SCHEDULE 13

SCHEDULE B0.26, r.1

No. 26.1

BAIL ACT 1997

Section 8(1)

FORM OF ENDORSEMENT ON A WARRANT OF ARREST AS TO RELEASE ON BAIL

I hereby direct that the person named in this warrant be conditionally released on arrest on entering into a recognisance, himself/herself in the sum of £/€ *(of which £/€ cash to be lodged) and one sufficient surety in the sum of £/€ *(of which £/€ cash to be lodged) or two sufficient sureties in the sum of £/€ each *

(of which£/€ cash to be lodged by each) conditioned for the appearance of the said............................................................ ........................at the sitting of the District Court in District No. next following the date of his/her arrest.

I further order#

#Insert any further conditions of release ..................................................

Dated this day of 20 .

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

Judge of the District Court

SCHEDULE 14

ORDER 27

*

ESTREATMENT OF RECOGNISANCES FORFEITURE OF MONEY LODGED

O.27, r.1

Judge to certify non- performance of condition

ISB SI

Preamble S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001 Open official source

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts 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—

S.I. No. 194/2001 - District Court (Criminal Justice) Rules, 2001

Table of Provisions (20)

Statutory Text (20 Articles)

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