S.I. No. 201/2005 - District Court (Criminal Justice) Rules, 2005

1. These rules may be cited as the District Court (Criminal Justice) Rules, 2005.

2. These rules shall come into operation on the 6th day of April 2005 and shall be read together with all other District Court rules for the time being in force.

3. Order 24 of the District Court Rules, 1997 (

S.I. No. 93 of 1997

) is hereby amended

(i) by the insertion in rule 7(1) immediately following the words “

personally upon the accused

” of the words “

or upon his solicitor, if any

”;

(ii) by the substitution for rule 10 of the following rule

“

6. Where an accused person is before the Court charged with an indictable offence not being dealt with in accordance with rules 1, 2, 3.or 5 hereof and the prosecutor consents to the accused being sent forward for trial the Judge shall remand the accused to a further sitting of the Court to allow service of the documents specified in section 4B(1) of the Act

Times for service of documents

7.(1) The documents specified in section 4B (1) of the Act shall be in accordance with Forms 24.3 to 24.7, Schedule B and shall be served personally upon the accused or upon his solicitor, if any, at the earliest opportunity, but save with the leave of the Court, shall not be served later than forty two days after the first appearance of the accused before the Court.

Lodgement of documents

(2) Copies of the said documents together with a statutory declaration as to service thereof shall be lodged with the Clerk within eight days of such service.

Further statements

8. Any further statement served upon the accused pursuant to section 4C(1) of the Act shall be in accordance with Form 24.8, Schedule B.

Exhibits

9. The accused shall have the right to inspect all exhibits.

Order sending forward for trial

10. When the documents specified in section 4B(1) of the Act have been served on the accused the Judge shall, having informed the accused of the requirements of

section 20

of the

Criminal Justice Act, 1984

and, where appropriate,

section 3

of the

Offences Against the State (Amendment) Act, 1998

by order (Form 24.9, Schedule B) send him or her forward for trial.

Transmission of documents to County registrar

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 fourteen 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 rule 7(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

12. Where the Court makes an order sending a person forward for tri-al 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 (Form 18.2 or 18.4 Schedule B, as the case may be).

Provisions of O.18 regarding bail to apply

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

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 24.11 or 24.12, Schedule B as the case may be.

Failure to answer summons warrant to issue

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

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

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

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

19(1 )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 a person to 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.

Given this 25

th

day of November 2002

Peter Smithwick

Chairman

John Garavan

Uinsin Mac Gruairc

John P Brophy

Mary C Devins

Gerard Griffin

Sean McMullin

Finbarr O'Malley

Liz Hughes

Secretary

I concur in the making of the forgoing rules

Dated this 23rd day of March 2005

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

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

These rules provide for service of documents (book of evidence) either “personally upon the accused or upon his solicitor, if any”.

STATUTORY INSTRUMENTS

S.I. 201 of 2005

District Court (Criminal Justice) Rules, 2005

S.I. 201 of 2005

District Court (Criminal Justice) Rules, 2005

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

, and by section 21(1) of the

Economic and Monetary Union Act, 1998

, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-