S.I. No. 811/2004 - Rules of the Superior Courts (Bail Applications), 2004

1. Order 84 rule 15(1) of the Rules of the Superior Courts is amended by the insertion of the following addition to the rule.

“The affidavit of the applicant shall set forth fully the basis upon which the application is made to the High Court and in particular

(

a

) shall give particulars of whether and, if so, in what other Court bail has been refused to the applicant;

(

b

) shall specify where the applicant is being detained;

(

c

) shall specify the usual place of abode or address where the applicant normally resides;

(

d

) shall specify the address at which it is proposed the applicant whould reside, if granted bail;

(

e

) shall provide full particulars of the offences or offences with which the applicant is charged;

(

f

) shall include the identity, address and occupation of any proposed independent surety and of the amount that such surety may offer;

(

g

) the terms of bail which were previously fixed in relation to the offences (if any);

(

h

) whether there had been any previous High Court applications for bail in respect of the offences;

(

i

) whether any warrants for failure to appeal have been issued in relation to the applicant;

(

j

) what surety and/or other conditions relating to bail (if any) the applicant is proposing;

(

k

) the personal circumstances of the applicant and in particular whether the applicant was legally aided in relation to the charges in any other Court;

(

l

) any other relevant circumstances”.

2. This rule shall come into operation on the 29th day of December, 2004.

3. This rule shall be construed together with the Rules of the Superior Courts, 1986 to 2004 and may be cited as the Rules of the Superior Courts (Bail Applications) 2004.

EXPLANATORY NOTE.

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

These Rules amend Order 84 rule 15(1) of the rules of the Superior Courts in relation to bail applications.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act, 1936

, section 67, and reconstituted pursuant to the provisions of the

Courts of Justice Act, 1953

, section 15, by virtue of the powers conferred upon us by the

Courts of Justice Act, 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act, 1961

, section 48), and the

Courts (Supplemental Provisions) Act, 1961

, section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 14th day of November, 2001

Ronan Keane

Frederick Morris

Adrian Hardiman

Richard Johnson

Paul Sreenan

Tony Hunt

Gordon Holmes

P.J. Fitzpatrick

I Concur in the making of the annexed Rules of Court.

Dated this 29th day of November, 2004.

MICHAEL McDOWELL,

Aire Dli agus Cirt Comhionannais agus Athchoirithe Dli.

S.I. No. 811 of 2004.

RULES OF THE SUPERIOR COURTS (BAIL APPLICATIONS), 2004.