S.I. No. 687/2005 - District Court (Refugee Act, 1996) Rules 2005

1. These Rules may be cited as the District Court (Refugee Act, 1996) Rules 2005.

2. (1) An application by a party to proceedings before the Court for an order under section 7 of the Banker's Books Evidence Act, 1879 (42 & 43 Vict. Ch. 11) authorising that party to inspect and take copies of entries in a banker's books for any of the purposes of such proceedings may be made at any sitting of the Court for the Court district wherein the proceedings have been brought.

-Notice of

(2) Such application shall be preceded by the issue of a notice in the Form 38.1, Schedule B, which shall be lodged with the Clerk prior to the making of the application.

Order of Court

(3) The order of the Court granting the application shall be in the Form 38.2, Schedule B, which shall, unless the Court otherwise directs, be served upon the relevant bank three clear days before the order is to be obeyed. Service may be effected by delivering a copy of the order to the office of the bank wherein the relevant records are kept.

Section 7A application venue

(4) An application to the District Court by a member of the Garda Síochána not below the rank of Superintendent under the provisions of section 7A of the Banker's Books Evidence Act, 1879 (42 & 43 Vict. Ch. 11) as inserted by section 131 Central Bank Act, 1989, and as amended by

section 14

of the

Disclosure of Certain Information for Taxation and Other Purposes Act, 1996

, may be made at any sitting of the Court for the Court district wherein the offence in question is alleged to have been committed and may be heard otherwise than in public.

-Notice of

(5) Such application shall be preceded by the issue of a notice in the Form 38.10, Schedule B, which shall be lodged with the Clerk prior to the making of the application.

-Order

(6) The order of the Court granting the application shall be in the Form 38.11, Schedule B, which shall, unless the Court otherwise directs, be served upon the relevant bank three clear days before the order is to be obeyed. Service may be effected by delivering a copy of the order to the office of the bank wherein the relevant records are kept.

Procedure under Taxes Consolidation Act, 1997

Section 908A application venue

(7) An application by an authorised officer of the Revenue Commissioners under the provisions of section 908A of the

Taxes Consolidation Act 1997

as inserted by

section 207

of the

Finance Act, 1999

, and as amended by

section 68

of the

Finance Act, 2000

and by

section 132

of the

Finance Act 2002

shall be by information on oath and in writing, in the Form 38.12 Schedule B, to the District Court Judge for the District Court District wherein the offence in question is alleged is being, has been or is or was about to be committed, or where the financial institution in respect of which the order is sought is located, and may be heard otherwise than in public.

-Order

(8) The order of the Court granting the application shall be in the Form 38.13, Schedule B, which shall, unless the Court otherwise directs, be served upon the relevant financial institution three clear days before the order is to be obeyed. Service may be effected by delivering a copy of the order to the office of the financial institution wherein the relevant books or records are kept.

Notice to Coroner of result of proceedings

3. At the conclusion of criminal proceedings in the District Court in relation to the death of a person the Clerk shall, pursuant to section 25(3) of the

Coroners Act, 1962

(No. 9 of 1962), inform (in the Form 38.3, Schedule B) the coroner holding an inquest in relation to the death of the result of the proceedings.

Procedure under Criminal Justice Act, 1994

4. In rules 5 to 8 inclusive following, “the Act” means the

Criminal Justice Act, 1994

(No. 15 of 1994).

Authority to detain cash

5. An application to the Court for an order under the provisions of subsection (2) of section 38 of the Act authorising the detention of cash seized beyond forty-eight hours shall be made by sworn information of a member of the Garda Síochána or an officer of customs and excise in the Form 38.4 Schedule B. The order of the Court thereon shall be in the Form 38.5 Schedule B.

- Further detention of cash

6.(1) An application to the Court under the provision 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.

Certificates under Sex Offenders Act, 2001

9. (1) A certificate for the purposes of

section 14

of the

Sex Offenders Act 2001

shall be in the Form 38.14, Schedule B and shall be signed by a District Court clerk.

(2) An order imposing post-release supervision pursuant to

section 29

of the

Sex Offenders Act, 2001

may be in the Form 38.15 Schedule B and a copy of such Order shall be transmitted to the Governor of the Prison or person in charge of the other place of detention to which the accused is committed.

Procedure under Refugee Act, 1996

10. In Rules 11 to 15 inclusive following, “the Act” means the

Refugee Act, 1996

(No. 17 of 1996)

Commitment to detention

11. Where a person who has been detained pursuant to subsection (8) or subsection (13) (a) of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district in which the person is being detained and is committed by the Court to a place of detention as provided for in subsection (10)(b)(i) or subsection (13)(b) or subsection (14)(a) as the case may be, of section 9 of the Act, the order of detention shall be in the Form 38.16, Schedule B.

Conditional release

12. Where a person who has been detained pursuant to subsection (8) or subsection (13)(a) of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district in which the person is being detained and is released pursuant to the provisions of subsection (10)(b)(ii) or subsection (13)(b) as the case may be, of section 9 of the Act, the order of release shall be in the Form 38.17, Schedule B.

Variation of conditional release

— application

13. Where a person has been released from detention on one of the conditions referred to in subsection (10)(b)(ii) of section 9 of the Act, an application in the Form 38.18, Schedule B, may be made pursuant to subsection (10)(d) or subsection (13)(b) of section 9 of the act, to a Judge of the District Court assigned to the District Court district in which the person resides, by the person, an immigration officer, or a member of the Garda Siochána to vary a condition on which the person was released. Such application may be served in the manner provided by Order 10 of these Rules and shall be served at least four clear days before the date for hearing the application. The original of the application shall be lodged with the Clerk at least forty eight hours before the date of hearing. The order of the Court on the application shall be in the Form 38.19, Schedule B.

- service

- order

Order of release

14. Where a person who has been detained pursuant to the provisions of section 9 of the Act is brought, under the provisions of subsection (10)(c) or subsection (13)(b) of section 9 of the Act before a Judge of the District Court assigned to the District Court district where the person is being detained and the Court orders the release of that person, the order of release shall be in the Form 38.20, Schedule B.

Order

15. Where a person detained pursuant to the provisions of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district where the person has been detained the order of the Judge under the provisions of subsection (14)(b) of section 9 of the Act shall be in the Form 38.21, Schedule B.”

SCHEDULE 2

Schedule B

O.38, r.11

No 38.16

REFUGEE ACT, 1996

*

section 9(10)(a)

*

section 9(13)(b)

*

section 9(14)(a)

ORDER OF COMMITTAL TO A PLACE OF DETENTION

*

District Court Area of

*

Dublin Metropolitan District

*

District No.

WHEREAS...........................................of.................................................

has been detained in the place of detention at ..............................................................

within the said district pursuant to the provisions of

*

subsection (8)

*

subsection 13 of section 9 of the above mentioned Act, and is before me pursuant to the provisions of

*

subsection (10)(a)

*

subsection (13)(b)

*

subsection (14)(a) of section 9 of the above mentioned Act;

AND WHEREAS I am satisfied that the person

*

poses a threat to national security or public order in the State,

*

has committed a serious non-political crime outside the State,

*

has not made reasonable efforts to establish his/her true identity,

*

intends to avoid removal from the State in the event of his/her application for asylum being transferred to a convention country pursuant to section 22 of the above mentioned Act,

*

intends to leave the State and enter another state without lawful authority,

*

without reasonable cause has destroyed his/her identity or travel documents or is in possession of forged identity documents,

IT IS HEREBY ORDERED that ...............................be committed to the place of detention at ................................until the ..........day of..........20

Dated this .............day of .................20.....

________________________________

Judge of the District Court

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

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

Schedule B

O.38, r.12

No. 38.17

REFUGEE ACT, 1996

*

section 9(10)(a)

*

section 9(13)(b)

*

section 9(14)(a)

ORDER OF CONDITIONAL RELEASE

*

District Court Area of

*

Dublin Metropolitan District

*

District No.

WHEREAS...........................................of.................................................

has been detained in the place of detention at .......................................................

within the said district pursuant to the provisions of

*

subsection (8)

*

subsection (13) of section 9 of the above mentioned Act, and is before me pursuant to the provisions of

*

subsection (10)(a)

*

subsection (13)(b) of section 9 of the above mentioned Act;

AND WHEREAS I am satisfied that the person

*

poses a threat to national security or public order in the State,

*

has committed a serious non-political crime outside the State,

*

has not made reasonable efforts to establish his/her true identity,

*

intends to avoid removal from the State in the event of his/her application for asylum being transferred to a convention country pursuant to section 22 of the above mentioned Act,

*

intends to leave the State and enter another state without lawful authority,

*

without reasonable cause has destroyed his/her identity or travel documents or is in possession of forged identity documents,

IT IS HEREBY ORDERED that ...............................be released subject to the following condition(s):-

(I) that he/she resides or remains

*

in District No.......of the District Court or

*

in ........................................................ in the State,

(II) that he/she reports to the Garda Siochána Station at .............................. or immigration officer at ..............................at the following times.....................

(III) That he/she surrenders any passport or travel document in his/her possession.

(IV) That .............................

(here insert any other conditions imposed)

Dated this ............day of .................20......

________________________________

Judge of the District Court

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

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

Schedule B

O.38, r.13

No. 38.18

REFUGEE ACT, 1996

*

section 9(10)(d)

*

section 9(13)(b)

APPLICATION TO VARY A CONDITION OF RELEASE

*

District Court Area of

*

Dublin Metropolitan District

*

District No.

WHEREAS...........................................of................................................. was detained in the place of detention at ....................................................... in District Court District No.......of the District Court pursuant to the provisions of

*

subsection (8)

*

subsection (13) of section 9 of the above mentioned Act,

AND WHEREAS it was ordered by the District Court Judge assigned to the district where said place of detention is situated on ..... day of...........20......, that the person above-named be released from the said place of detention subject to the following condition(s):-

(I) that he/she resides or remains

*

in District No.......of the District Court or

*

in ....................................................... in the State,

(II) that he/she reports to the Garda Siochána Station at .............................. or immigration officer at ..............................at the following times......................

(III) That he/she surrenders any passport or travel document in his/her possession.

(IV) That ..............................

(here insert any other conditions imposed)

TAKE NOTICE that ..............................of.......................................................

*

the person above-named

*

an immigration officer

*

a member of the Garda Siochána will apply to a Judge of the District Court assigned to the District Court District in which the person above named resides, at a sitting of the District Court at..............................(in the District Court District in which the person above-named resides) on the ......day of....................20......at..........a.m/p.m., for an order varying the condition numbered

*

(I),

*

(II),

*

(III),

*

(IV) listed above as follows:-

Dated this ............day of .................20......

____________________________

Applicant

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

Schedule B

O.38, r.13

No 38.19

REFUGEE ACT, 1996

*

section 9(10)(d)

*

section 9(13)(b)

ORDER VARYING A CONDITION OF RELEASE

*

District Court Area of

*

Dublin Metropolitan District

*

District No.

WHEREAS...........................................of.................................................

was detained in the place of detention at ....................................................... in District Court District No.......of the District Court pursuant to the provisions of

*

subsection (8)

*

subsection (13) of section 9 of the above mentioned Act,

AND WHEREAS it was ordered by the District Court Judge assigned to the district where the said place of detention is situated on ..... day of............20.......that the person above-named be released from the said place of detention subject to the following condition(s):-

(I) that he/she resides or remains

*

in District No .......of the District Court or

*

in .......................................................in the State,

(II) that he/she reports to the Garda Siochána Station at .............................. or immigration officer at ..............................at the following times.....................

(III) That he/she surrenders any passport or travel document in his/her possession.

(IV) That ..............................

(here insert any other conditions imposed)

AND WHEREAS an application was made by ..................... of ..............................

*

the person above-named

*

an immigration officer

*

a member of the Garda Siochána

to a Judge of the District Court assigned to the District in which the above named person resides, at a sitting of the District Court at..................... (in the District Court District in which the person above resides) for an order varying the condition numbered

*

(I),

*

(II)

*

(III),

*

(IV) listed above as follows:-

IT IS HEREBY ORDERED that condition numbered

*

(I),

*

(II),

*

(III),

*

(IV) be varied as follows:-

Dated this ............day of .................20......

__________________________________________

Judge of the District Court

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

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

Schedule B

O.38, r.14

No 38.20

REFUGEE ACT, 1996

*

section 9(10)(c)

*

section 9(13)(b)

ORDER OF RELEASE

*

District Court Area of

*

Dublin Metropolitan District

*

District No.

WHEREAS...........................................of...........................................

was detained in the place of detention at ....................................................... within the said district pursuant to the provisions of section 9 of the above mentioned Act

*

subsection (10)(c)

*

subsection 13(b) of section 9 of the above mentioned Act;

AND WHEREAS upon the application of .............................. of ........................................

*

an immigration officer

*

a member of the Garda Siochána it appears to the Court that none of the paragraphs of subsection (8) of said section 9 of the above mentioned Act applies in relation to the said person;

AND WHEREAS I am satisfied that the person detained pursuant to the provisions of subsection (13)(a) of section 9 of the above mentioned Act has complied with the condition concerned;

IT IS HEREBY ORDERD that the person detained be released.

This ............day of .................20......

__________________________________________

Judge of the District Court

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

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

Schedule B

O.38, r.15

No 38.21

REFUGEE ACT, 1996

ORDER UNDER SECTION 9(14)(b)

*

District Court Area of

*

Dublin Metropolitan District

*

District No.

WHEREAS...........................................of...........................................

was detained in the place of detention at ....................................................... within the said district pursuant to the provisions of section 9 of the above mentioned Act and is before me, a Judge of the District Court assigned to the said District.

AND BEING SATISFIED that the person does not wish to proceed with his/her application for a declaration and wishes to leave the State;

IT IS HEREBY ORDERED that the Minister for Justice, Equality and Law Reform arrange for the removal of the person from the State;

*

IT IS FURTHER ORDERED THAT

Dated this ............day of .................20......

________________________________________

Judge of the District Court

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

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

Given this 28

th

day of February 2005

Peter Smithwick

Chairman

Uinsin Mac Gruairc

John P Brophy

Thomas E O'Donnell

Mary C Devins

Seán McMullin

Hugh O‘Neill

Damien Colgan

David Kelly

Noel Rubotham

Elizabeth Hughes

Secretary

I concur in the making of the foregoing rules

Dated this 3

rd

day of November 2005

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

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

These rules prescribe to the procedures in the District Court under the

Refugee Act 1996

.

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S.I. No. 687 of 2005

District Court (Refugee Act, 1996) 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

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