S.I. No. 41/2008 - District Court (Criminal Justice Act 2007) Rules 2008

1. the results of analysis (if any) of the records concerned

2. any previous convictions of the appellant, and

3. whether, in all the circumstances, it would be unjust not to allow the appeal

*REFUSES the appeal

*ORDERS that the following records, namely,................................... be destroyed

*ORDERS that the following records, namely,................................... be retained*for the purpose of....................................*for the period of...........from the date of this order.

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

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

Judge of the District Court

*delete where inapplicable

SCHEDULE 2

SCHEDULE BO. 17, r. 11.

No. 17.13

CRIMINAL JUSTICE ACT 2007, *SECTION 50(3)(g)(i) * SECTION 50(3)(h)(i)

INFORMATION FOR APPLICATION TO EXTEND DETENTION

District Court Area of District No.

THE INFORMATION OF

ofwho says

I am a member of the Garda Síochána not below the rank of Chief Superintendent.

..................................., of............................, was arrested on the............day of..............20.... at..........a.m./p.m. on suspicion of having committed an offence to which

section 50

of the

Criminal Justice Act 2007

applies, namely............................................., and is at present detained at .......................................................pursuant to

*a direction under section 50(3)(

c

) of the above Act, which said period of detention will expire on the............day of..............20.... at..........a.m./p.m.

*a warrant under section 50(3)(

g

)(ii) of the above Act, authorising the extension of a period of detention, which authorised period of detention will expire on the............day of..............20.... at..........a.m./p.m.

I have reasonable grounds for believing that the detention of the said person

*for a further period not exceeding 72 hours*for a further period not exceeding 48 hours

is necessary for the proper investigation of the offence concerned and I say that the investigation is being conducted diligently and expeditiously.

The basis for my so believing is as follows

And I hereby apply

*under section 50(3)(

g

)(i) of the said Act for a warrant authorising the detention of the said person for a further period not exceeding 72 hours,

*under section 50(3)(

h

)(i) of the said Act for a warrant authorising the detention of the said person for a further period not exceeding 48 hours,

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

Informant

SWORN before me this........day of.................20.......

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

Judge of the District Court

*Delete if inapplicable

SCHEDULE BO. 17, r. 11.

No. 17.14 CRIMINAL JUSTICE ACT 2007, SECTION 50

WARRANT TO EXTEND DETENTION

District Court Area of District No.

WHEREAS on the hearing of an application by information on oath and in writing by..........................................................., a member of the Garda Síochána not below the rank of Chief Superintendent pursuant to

*section 50(3)(

g

)(i) of the above-mentioned Act, for a warrant authorising the further detention of............... for a further period not exceeding 72 hours

*section 50(3)(

h

)(i) of the above-mentioned Act, for a warrant authorising the further detention of............... for a further period not exceeding 48 hours

*and having heard the evidence adduced*and having heard what was submitted by the said..................................................

I AM SATISFIED THAT ..................................., of........................................, was arrested on the............day of..........................20.... at..........a.m./p.m. on suspicion of having committed an offence to which

section 50

of the

Criminal Justice Act 2007

applies, namely.................................................and is at present detained at............................................................pursuant to

*a direction under paragraph (

c

) of section 50(3) of the above Act, which said period of detention will expire on the............day of..........................20.... at..........a.m./p.m.

*a warrant under paragraph (

g

)(ii) of section 50(3) of the above Act, authorising the extension of a period of detention, which said authorised period of detention will expire on the............day of .......................... 20.... at .......... a.m./p.m.

I AM SATISFIED THAT the further detention of the said ........................ is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

I HEREBY AUTHORISE the detention of......................................for a further period of............hours, such further period of detention to commence at the expiry of the period of detention authorised by

*the direction under section 50(3)(

c

) of the Act,

*the warrant under section 50(3)(

g

)(i) of the Act,

or, if later, on the determination of the application by the issuing of this warrant

Dated and issued this........day of....................20..... at................a.m./p.m.

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

Judge of the District Court

To: *Chief Superintendent of the Garda Síochána at...........................

*Person in charge of the place of detention at

*Delete if inapplicable

SCHEDULE BO. 17, r. 11.

No. 17.15 CRIMINAL JUSTICE ACT 2007, SECTION 51

INFORMATION

District Court Area of District No.

THE INFORMATION ON OATH OF ................................................. of .............................................................., a member of the Garda Síochána not below the rank of Superintendent who swears that

............................, of............................, was arrested *(at.........................) *(in .................... Garda Síochána station) on the.........day of ...................... 20.... at .....a.m./p.m on suspicion of having committed an offence to which section 50 of the above-named Act applies, namely ................... and *(was taken to and detained in) *(was detained in) .................... Garda Síochána station.

The said ............................was released without any charge having been made against him/her on the.........day of ...................... 20.... at .....a.m./p.m

Further information has come to the knowledge of the Garda Síochána since the release of the said ........................... as to his/her suspected participation in the offence(s) of .............................for which his/her arrest is sought.

The said further information is as follows

AND I HEREBY apply for the issue of a warrant for the arrest of the said

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

Informant

SWORN before me this........day of.......20....

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

Judge of the District Court

*Delete if inapplicable

SCHEDULE BO. 17, r. 11.

No. 17.16 CRIMINAL JUSTICE ACT 2007, SECTION 51

WARRANT TO ARREST

District Court Area of District No.

WHEREAS from the information on oath and in writing sworn on this day before me by................, of............................, a member of the Garda Síochána not below the rank of Superintendent

I AM SATISFIED THAT

............................, of............................, was arrested *(at.........................) *(in .................... Garda Síochána station) on the.........day of .................. 20...... at .....a.m./p.m on suspicion of having committed an offence to which section 50 of the above-named Act applies, namely ................... and *(was taken to and detained in) *(was detained in) .................... Garda Síochána station.

The said ............................was released without any charge having been made against him/her on the.........day of .................. 20...... at .....a.m./p.m

Further information has come to the knowledge of the Garda Síochána since the release of the said ........................... as to his/her suspected participation in the offence(s) of .............................for which his/her arrest is sought

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

*THE SAID..................................................................................................is to be brought before *a judge of the District Court /*a judge of the Circuit Court

*upon arrest

*at .....a.m./p.m on the.........day of .................. 20...... *and thereafter

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

Dated and issued this........day of................20......at................a.m./p.m.

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

Judge of the District Court

To: Superintendent of the Garda Síochána at

*Delete if inapplicable

SCHEDULE BO. 17, r. 12.

No. 17.17

CRIMINAL JUSTICE ACT 2007, *SECTION 50(3)(c) as applied by SECTION 51(3)(a) *SECTION 50(3)(g)(i) as applied by SECTION 51(3)(b) *SECTION 50(3)(h)(i) as applied by SECTION 51(3)

INFORMATION FOR APPLICATION TO EXTEND DETENTION OF RE-ARRESTED PERSON

District Court Area of District No.

THE INFORMATION ON OATH OF

of who says

I am a member of the Garda Síochána not below the rank of Chief Superintendent.

..................................., of............................, was re-arrested on the............day of..............20... at..........a.m./p.m. on foot of a warrant under section 51(1) of the

Criminal Justice Act 2007

(having previously been released following arrest), on suspicion of having committed an offence to which

section 50

of the

Criminal Justice Act 2007

applies, namely............................................., and is at present detained at.......................................................pursuant to

*a direction under section 50(3)(

b

) of the above Act, as applied by Section 51(3) of the said Act, which said period of detention will expire on the............day of.....................20... at..........a.m./p.m.

*a warrant under section 50(3)(

d

) of the above Act, as applied by Section 51(3)(

a

) of the said Act, authorising the extension of a period of detention, which said authorised period of detention will expire on the............day of.....................20.... at..........a.m./p.m.

*a warrant under section 50(3)(

g

)(ii) of the above Act, as applied by Section 51(3) of the said Act, authorising the extension of a period of detention, which authorised period of detention will expire on the............day of.....................20.... at..........a.m./p.m.

I have reasonable grounds for believing that the detention of the said person

*for a further period not exceeding 24 hours

*for a further period not exceeding 72 hours

*for a further period not exceeding 48 hours

is necessary for the proper investigation of the offence concerned and I say that the investigation is being conducted diligently and expeditiously.

The basis for my so believing is as follows

And I hereby apply

*under section 50(3)(

c

) of the said Act as applied by Section 51(3)(

a

) of the said Act for a warrant authorising the detention of the said person for a further period not exceeding 24 hours,

*under section 50(3)(

g

)(i) of the said Act as applied by Section 51(3)(

b

) of the said Act for a warrant authorising the detention of the said person for a further period not exceeding 72 hours,

*under section 50(3)(

h

)(i) of the said Act as applied by Section 51(3) of the said Act for a warrant authorising the detention of the said person for a further period not exceeding 48 hours,

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

Informant

SWORN before me this........day of.................20.......

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

Judge of the District Court

*Delete if inapplicable

SCHEDULE BO. 17, r. 12.

No. 17.18 CRIMINAL JUSTICE ACT 2007, SECTION 50

WARRANT TO EXTEND DETENTION OF RE-ARRESTED PERSON

District Court Area of District No.

WHEREAS on the hearing of an application by information on oath and in writing by ..........................................................., a member of the Garda Síochána not below the rank of Chief Superintendent pursuant to

*section 50(3)(

c

) of the above-mentioned Act as applied by Section 51(3)(

a

) of the said Act for a warrant authorising the detention of the said person for a further period not exceeding 24 hours,

*section 50(3)(

g

)(i) of the above-mentioned Act as applied by Section 51(3)(

b

) of the said Act for a warrant authorising the detention of the said person for a further period not exceeding 72 hours,

*section 50(3)(

h

)(i) of the above-mentioned Act as applied by Section 51(3) of the said Act for a warrant authorising the detention of the said person for a further period not exceeding 48 hours,

*and having considered the evidence adduced

*and having heard the submissions made

I AM SATISFIED THAT

..................................., of...................................., was arrested on the............day of......................20.... at..........a.m./p.m. on foot of a warrant under section 51(1) of the

Criminal Justice Act 2007

(having previously been released following arrest) on suspicion of having committed an offence to which

section 50

of the

Criminal Justice Act 2007

applies, namely ............................ and is at present detained at............................................................pursuant to

*a direction under section 50(3)(

b

) of the above Act, as applied by Section 51(3) of the said Act, which said authorised period of detention will expire on the............day of..............20.... at..........a.m./p.m.

*a warrant under section 50(3)(

d

) of the above Act, as applied by Section 51(3)(

a

) of the said Act, authorising the extension of a period of detention, which said authorised period of detention will expire on the............day of......................20.... at..........a.m./p.m.

*a warrant under section 50(3)(

g

)(ii) of the above Act, as applied by Section 51(3) of the said Act, authorising the extension of a period of detention, which authorised period of detention will expire on the............day of......................20.... at..........a.m./p.m.

I AM SATISFIED THAT the further detention of the said ........................is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

I HEREBY AUTHORISE the detention of......................................for a further period of............hours, such further period of detention to commence at the expiry of the period of detention authorised by

*the direction under section 50(3)(

b

) of the Act, as applied by section 51(3) of the Act

*the warrant under section 50(3)(

d

) of the Act as applied by section 51(3)(

a

) of the Act,

*the warrant under section 50(3)(

g

)(i) of the Act as applied by section 51(3) of the Act,

or, if later, on the determination of the application by the issuing of this warrant

Dated and issued this........day of...........................20.... at................a.m./p.m.

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

Judge of the District Court

To: *Chief Superintendent of the Garda Síochána at

*Person in charge of the place of detention at

*Delete if inapplicable

SCHEDULE BO.27, r 6(2).

No. 27.12 Bail Act 1997, Section 9(13) (inserted by Criminal Justice Act 2007, Section 15)

WARRANT OF COMMITTAL

(on non-compliance with an order under section 9(2))

District Court Area of District No.

Accused

of

*Case No

*Fine No

*Charge Sheet/Summons

WHEREAS a recognisance was entered into on the ..........day of................20....by the above-named accused in the sum of €...................................... conditioned as therein set out

AND WHEREAS at a sitting of the District Court at..................................... on the............. day of................................ 20........., the court *(made an order under section 9(2)(

a

) of the

Bail Act 1997

) *(made an order under section 9(11) of the

Bail Act 1997

varying an order) estreating the said recognisance in the amount of €..................... against .................., and ordering that the said sum be paid by the said.................... within a period of......................................... in default of payment a warrant for the committal of ............................................ to prison to be issued.

AND WHEREAS the said Order has not been complied with

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said .................................... of ......................................................................... and to lodge him/her in the prison at................................................. to be imprisoned there for the period of............................................ unless the said sum of €............ be sooner paid.

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

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

Judge of the District Court

To the Superintendent of the Garda Síochána at

EXPLANATORY NOTE

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

These Rules amend Orders 13, 14, 17, 18, 27, 31 and 101 to provide forms and procedure in respect of changes, mainly in relation to bail, arising from the entry into force of certain provisions of the

Criminal Justice Act 2007

and to take account of the provisions of the

Criminal Procedure (Amendment) Act 2007

.

4. Order 14 of the District Court Rules 1997 (

S.I. No. 93 of 1997

) is hereby amended

(i) by the insertion immediately following sub-rule (2) of rule 5 of the following

“(3)

An order under section 1A(9) or 2A(3) of the

Bail Act 1997

may be made of the court’s own motion or on the application of the applicant or of the prosecutor. The terms of any direction given under section 1A(8) or order made under section 1A(9) or section 2A(3) of the

Bail Act 1997

shall be pronounced in open court.”

5. Order 17 of the District Court Rules 1997 (

S.I. No. 93 of 1997

) is hereby amended—

(i) by the substitution for rule 4(1) of the following

“4.

(1)

Whenever a person is brought in custody to a Garda Síochána Station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of that person is in force, release that person on bail and for that purpose take from him or her a recognisance in the Form 17.2, Schedule B with or without sureties approved by that member in such sum or sums (if any) as such member shall determine, for his or her due appearance—

(a)

before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or

(b)

in the case of the District Court in the Dublin Metropolitan District before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting.”

(ii) by the substitution for rule 5 of the following

“5.

(1)

Where the Court issues a warrant for the arrest of a person, the Court may by endorsement on the warrant direct that the person named in the warrant be on arrest released on his or her entering into a recognisance, with or without a surety or sureties, conditioned for his or her appearance before the Court on such date and at such time and place as may be specified in the endorsement, and the endorsement shall fix the amounts (if any) in which the person and his or her surety or sureties (if any) are to be bound and shall specify any other conditions of the recognisance.

(2)

Where such an endorsement is made, the member of the Garda Síochána in charge of the Garda Síochána Station to which on arrest the person named in the warrant is brought shall discharge him or her upon his or her entering into a recognisance in the Form 18.2 Schedule B, with or without surety or sureties, approved by that member and upon the payment of such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court has determined.

(3)

Any moneys paid to a member of the Garda Síochána under this rule shall be deposited by him or her with the District Court clerk for the District Court area where the courthouse at which the arrested person is conditioned to appear is situate.”

(iii) by the insertion following rule 10 of the following

“11.

An application under

section 50

of the

Criminal Justice Act 2007

for a warrant to further detain a person detained pursuant to a direction or warrant under that section shall be by information on oath and in writing in the Form 17.13, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the Form 17.14, Schedule B.

12.

An information on oath for a warrant to arrest a person under Section 51(1) of the

Criminal Justice Act 2007

shall be in writing in the Form 17.15, Schedule B by a member of the Garda Síochána not below the rank of superintendent. A warrant issued on foot of such information shall be in the Form 17.16, Schedule B.

13.

An application under

section 50

of the

Criminal Justice Act 2007

as applied by section 51(3) of that Act for a warrant to further detain a person detained pursuant to a warrant under section 51(1) of that Act shall be by information on oath and in writing in the Form 17.17, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the Form 17.18, Schedule B.”

6. Order 18 of the District Court Rules 1997 (

S.I. No. 93 of 1997

) is hereby amended—

(i) by the substitution for rule 1 of the following

“1. Subject to rule 2, a Judge shall admit to bail a person charged before him or her with an offence if it appears to that Judge in accordance with the

Criminal Procedure Act 1967

and Bail Act 1997 to be a case in which bail ought to be allowed and if such person is granted bail, the Judge shall determine the amount (if any) conditioned by such bail and whether the bail shall be with or without a surety or sureties, the amount (if any) in which each surety (if any) shall be bound, and any other conditions of bail. The provisions of this Order which relate to the payment of money or the giving of security shall not apply where bail is allowed otherwise than conditioned on an amount of money.”

(ii) by the substitution for rule 5(1) of the following

“5.

(1)

Where a court admits a person who is in custody to bail the person shall not be released until there has been paid into court such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court has determined.”

(iii) by the substitution for rule 5(3) of the following

“(3)

Where a court decides to admit a person to bail with one or more sureties it may direct that a sum of money equivalent to the amount of bail be accepted in lieu of such surety or sureties. Such sum is additional to any amount specified in accordance with rule 1. Where under the

Criminal Procedure Act 1967

or the

Bail Act 1997

any moneys are required to be paid into Court under a recognisance by a person in custody, or by any surety or sureties as a condition of that recognisance, or any security accepted in the court in lieu of such payment is required to be lodged in Court, such moneys so payable or such security so accepted by the Court shall be deemed to be paid into Court or lodged in Court when paid to or lodged with the Governor or a prison officer designated in accordance with section 22(3) of the

Criminal Procedure Act 1967

of the prison in which the person is in custody, for and on behalf of the District Court Clerk for the District Court Area in which the order admitting to bail was made.”

(iv) by the substitution for rule 5(4) of the following

“(4)

On lodgement of the required sums or security with—

(a)

the clerk of the court area in which the order admitting to bail was made, or

(b)

the Governor or a prison officer designated in accordance with

section 22

of the

Criminal Procedure Act 1967

of the prison wherein the accused is in custody, payment of which money or security to whom shall be deemed to be a payment into court,

and on completion of the recognisance in the Form 18.1, 18.2 or 18.3 as appropriate, the person shall be released if he or she is in custody for no other cause than the offence in respect of which bail is granted.”,

(v) by the substitution in each of rules 5(5), 7, 8, and 9 for “Governor” of “Governor or prison officer designated in accordance with

section 22

of the

Criminal Procedure Act 1967

”,

(vi) by the substitution for rules 10 and 11 of the following

“10.

(1)

Where a person charged with an offence is admitted to bail by a court and—

(a)

he or she is discharged in relation to that offence,

(b)

a nolle prosequi is entered by the prosecutor in respect of the offence, or

(c)

he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty,

and if all of the conditions of any recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order (Form 18.6) discharging the recognisance, directing that the amount of any moneys paid into court by any person in connection therewith shall be repaid to the person, discharging any order made under section 5(2) of the

Bail Act 1997

and releasing any security accepted by the court under that subsection.

(2)

Where the Court makes an order discharging a direction under section 5(2)(b) of the

Bail Act 1997

, the clerk shall serve a copy of said order in the Form 18.10 by prepaid ordinary post on the relevant bank, building society or credit union or An Post.

11.

Where a recognisance is not perfected forthwith the Judge may certify on the committal warrant a consent to such person being bailed, stating the amount (if any) of bail required.”,

(vii) by the substitution for each of the words “a Peace Commissioner at the prison or other place” in rule 13, the words “a Peace Commissioner attending at such prison” in rule 14, the words “a Peace Commissioner at a prison” in rule 15, and the words “a Peace Commissioner” in rule 16 of the words “a Judge, a District Court Clerk, a peace commissioner designated in accordance with

section 22

of the

Criminal Procedure Act 1967

, the Governor or a prison officer designated in accordance with

section 22

of the

Criminal Procedure Act 1967

of the prison”, and

(viii) by the substitution for the words “a Judge or Peace Commissioner having jurisdiction in the place where the proposed surety resides” in rule 14, of the words “a Judge, peace commissioner or District Court Clerk”.

7. Order 27 of the District Court Rules 1997 (

S.I. No. 93 of 2001

) is hereby amended—

(i) by the substitution for rule 2 of the following

“2.

(1)

Rules 2 to 7 inclusive of this Order shall apply only in any case in which

section 9

of the

Bail Act 1997

does not apply.

(2)

In any such case, 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.”

(ii) by the insertion immediately following rule 6(2) of the following

“(3)

Notwithstanding rule 2(1), this rule shall apply to any surety to a recognisance entered into pursuant to the

Bail Act 1997

.”;

(iii) by the substitution for rules 8, 9 and 10 of the following

“8.

Where the Court makes an order under section 9(2) of the

Bail Act 1997

, 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.

9.

An application to vary or discharge an order made under section 9(2) of the

Bail Act 1997

may be made within 21 days from the date of the issue of the notice, and shall be in the 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. Any order varying or discharging an order under section 9(2) of the

Bail Act 1997

shall be in the Form 27.11, Schedule B.

10.

A warrant of committal under section 9(13) of the

Bail Act 1997

shall be in the Form 27.12 Schedule B, and the period of imprisonment to be specified shall be identified in accordance with the table to Order 23, rule 7 as if such table were reproduced in this rule.”

8. Order 31 of the District Court Rules 1997 (

S.I. No. 93 of 1997

) is hereby amended by the substitution for rules 2 and 3 thereof for the following

“2.

(1)

An appeal under section 8(6) of the Act of 1984 against the Commissioner’s decision on an application to have records destroyed or their use limited shall be brought before the Court by the issue and service on the Commissioner as respondent of a notice of appeal in the Form 31.1, Schedule B. Such notice shall be served upon the respondent at least seven days before the date fixed for the hearing of the appeal. 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 of the appeal.

(2)

An appeal under section 8(6) of the Act of 1984 shall be heard otherwise than in public.

3.

The order of the Court on the appeal shall be in the Form 31.2, Schedule B.”

9. Order 101 of the District Court Rules 1997 (

S.I. No. 93 of 1997

) is hereby amended by the substitution for rule 4 of the following

“4.

Subject to the provisions of Order 12, rule 20, where a person is desirous of appealing in criminal proceedings or in a case of an order for committal to prison under the Enforcement of Court Orders Acts 1926 and 1940, a recognisance for the purpose of appeal shall be fixed by the Court. The amount (if any) of the recognisance in which the appellant and the surety or sureties, if any, are to be bound shall be fixed by the Court and where an amount is so fixed, it shall be of such reasonable amount as the Court shall see fit. An application to the Court to fix the amount of a recognisance may be made ex parte. A sum of money equivalent to the amount (if any) conditioned by the recognisance may be accepted in lieu of a surety or sureties. The recognisance shall be in accordance with the Form 18.4, Schedule B, and shall be entered into within the fourteen day period fixed by rule 1 of this Order.”

10. The Forms in Schedule 1 hereof shall be substituted for the forms bearing the like numbers in Schedule B of the District Court Rules 1997 (

S.I. No. 93 of 1997

).

11. The Forms in Schedule 2 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 (

S.I. No. 93 of 1997

).

12. The Forms 17.10, Schedule B and 101.4, 101.5 and 101.6 in Schedule D of the District Court Rules 1997 (

S.I. No. 93 of 1997

) are hereby deleted.

SCHEDULE BO.17, r.4 (1).

SCHEDULE 1 No. 17.2.

CRIMINAL PROCEDURE ACT 1967, Section 31

(as amended by Criminal Justice Act 2007, Section 20)

RECOGNISANCE TAKEN BY MEMBER OF GARDA SÍOCHÁNA

District Court Area of District No.

Prosecutor

Accused

The *Sergeant / *member in charge of ..............Garda Station consenting to my release on the terms of this recognisance, I the above-named accused agree to be bound by and to comply with the conditions of this recognisance.

S.I. No. 41 of 2008

DISTRICT COURT (CRIMINAL JUSTICE ACT 2007) RULES 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

26

th February

, 2008.

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.

Dated this 3rd day of December 2007.

MIRIAM MALONE Chairperson

UINSIN Mac GRUAIRC

MARY C DEVINS

BRIAN SHERIDAN

HUGH O’NEILL

ROY PEARSON

NOEL A DOHERTY

ELIZABETH HUGHES Secretary

I concur in the making of the following rules of court.

Dated this 20 day of February 2008

BRIAN LENIHAN

Minister for Justice, Equality and Law Reform

S.I. No. 41 of 2008

DISTRICT COURT (CRIMINAL JUSTICE ACT 2007) RULES 2008