S.I. No. 73/2007 - District Court (Bench Warrants) Rules 2007

1. These rules may be cited as the District Court (Bench Warrants) Rules 2007.

2. These rules shall come into operation on the 22

nd

day of March 2007 and shall be read together with all other District Court rules for the time being in force.

3. The Form numbered 22.2 annexed hereto shall be added to the Forms in Schedule B to the District Court Rules 1997 (S.I. No. 93 of 1997), in substitution for the Form numbered 22.2 in the said Schedule B.

No. 22.2

O.22, r. 1

WARRANT FOR ARREST OF ACCUSED

(non-appearance on summons or about to abscond)

District Court Area of

District No.

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

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

WHEREAS on the day of ......................... , 20 , a summons was issued requiring the above-named accused of ................................................... to appear at a sitting of the District Court to be held at .................................. on the day , 20 , at .m, on the hearing of a complaint that he/she did

*

AND WHEREAS the accused has failed to appear at

*

(The said time and place)

*

(The hearing of the matter adjourned to the sitting of the District Court held at .................................. on the day of , 20 at .m);

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

†

AND WHEREAS an information has been made on oath and in writing that

†

(the accused is evading service of the summons)

†

(the accused is about to abscond)

†

(the accused has absconded)

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the 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

Given this 15

th

day of January 2007

Miriam Malone

Chairperson

Uinsin Mac Gruairc

John P Brophy

Mary C Devins

Thomas E O'Donnell

Hugh O'Neill

Fiona Twomey

Joe Jeffers

David Kelly

Noel A Doherty

Elizabeth Hughes

Secretary

I concur in the making of the foregoing rules

Dated this 22

nd

day of February 2007

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 amend Form 22.2, Bench Warrant on foot of a summons, to provide a recital that it is being issued in respect of a date other than the return date, where applicable.

*delete if inapplicable

*delete if inapplicable

*delete if inapplicable

†delete if inapplicable

†delete if inapplicable

†delete if inapplicable

†delete if inapplicable

SI No.73 of 2007

District Court (Bench Warrants) Rules 2007

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 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-