S.I. No. 33/2010 - District Court (Criminal Justice (Amendment) Act 2009) Rules 2010.

1. Save where otherwise provided by law, the place in which the Court shall sit for hearing summary proceedings and for the conduct of proceedings under Part 1A of the

Criminal Procedure Act 1967

shall be deemed an open Court to which, subject to the provisions of this Order, the public generally may have access so far as the same can conveniently accommodate them.

Power to exclude public: Criminal Justice Act 1951, section 20(3) and (4)

2. (1) In any criminal proceedings for an offence which is, in the opinion of the Court, of an indecent or obscene nature, the Court may, subject to sub-rule (2), exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings,

bona fide

representatives of the Press and such other persons as the Court may in its discretion permit to remain.

(2) In any such proceedings—

(

a

) where the accused is a person under the age of eighteen years, or

(

b

) where the offence is of an indecent or obscene nature and the person with or against whom it is alleged to have been committed is under that age or is a female,

a parent or other relative or friend of that person shall be entitled to remain in Court during the whole of the hearing.

Power to exclude public: Criminal Procedure Act 1967, section 4I(2) (inserted by Criminal Justice Act 1999, section 9); Bail Act 1997, section 4(2)(b)

3. (1) During the conduct of proceedings under Part 1A of the

Criminal Procedure Act 1967

where the Court is satisfied that, because of the nature or circumstances of the case or otherwise in the interests of justice it is desirable to do so, or in proceedings relating to applications under section 2(1) of the

Bail Act 1997

the Court may, subject to sub-rule (2), exclude the public or any particular portion of the public or any particular person or persons, except

bona fide

representatives of the Press, from the Court during the proceedings.

(2) Sub-rule (1) is without prejudice to the right of a parent, relative or friend of the accused or of an injured party to remain in court in any case to which section 20(4) of the

Criminal Justice Act 1951

, or

section 6

of the

Criminal Law (Rape) Act 1981

(as substituted by

section 11

of the

Criminal Law (Rape) (Amendment) Act 1990

) applies.

Power to exclude public

Offences Against the State Act 1939, section 30(4BA) (inserted by Criminal Justice (Amendment) Act 2009, section 21)

Criminal Justice (Drug Trafficking) Act 1996, section 2(3A) (inserted by Criminal Justice (Amendment) Act 2009, section 22)

Criminal Justice Act 2007, section 50(4A) (inserted by Criminal Justice (Amendment) Act 2009, section 23)

4. (1) Where a Judge hearing an application under

(

a

) section 30(4) of the

Offences Against the State Act 1939

,

(

b

) section 2(2) of the

Criminal Justice (Drug Trafficking) Act 1996

or, as the case may be,

(

c

) section 50(3) of the

Criminal Justice Act 2007

,

is satisfied, in order to avoid a risk of prejudice to the investigation concerned, that it is desirable to do so, he may—

(i) direct that the application be heard otherwise than in public, or

(ii) exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings,

bona fide

representatives of the Press and such other persons as the Court may permit to remain.

(2) On the hearing of an application mentioned in sub-rule (1), the Judge may, of his own motion or on application by the officer of the Garda Síochána making the application, where it appears that the circumstances mentioned in

(

a

) sub-paragraphs (i) and (ii) of paragraph (

b

) of subsection (4BA) of

section 30

of the

Offences Against the State Act 1939

, or

(

b

) sub-paragraphs (i) and (ii) of paragraph (

b

) of subsection (3A) of

section 2

of the

Criminal Justice (Drug Trafficking) Act 1996

or, as the case may be,

(

c

) sub-paragraphs (i) and (ii) of paragraph (

b

) of subsection (4A) of

section 50

of the

Criminal Justice Act 2007

,

apply, direct that, in the public interest, the particular evidence shall be given in the absence of every person, including the person to whom the application relates and any legal representative (whether of that person or the applicant), other than—

(I) the member or members of the Garda Síochána whose attendance is necessary for the purpose of giving the evidence to the Judge; and

(II) if the Judge deems it appropriate, such one or more of the Clerks of the Court as the Judge determines.

Prohibition of publication of proceedings: Criminal Procedure Act 1967, section 4J(1)

5. (1) No person shall publish or cause to be published any information about a proceeding under Part 1A of the

Criminal Procedure Act 1967

other than a statement of the fact that the proceeding has been brought by a named person in relation to a specified charge against a named person and any decision resulting from the proceeding.

Prohibition of publication of proceedings: Bail Act 1997, sections 1A(9), 2A(3) and 4(3)

(2) In proceedings under section 2(1) of the

Bail Act 1997

no information relating to the criminal record of the person applying for bail shall be published in a written publication available to the public or be broadcast.

(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.

Prohibition of publication of proceedings

Offences Against the State Act 1939, section 30(4BA)(d) (inserted by Criminal Justice (Amendment) Act 2009, section 21)

Criminal Justice (Drug Trafficking) Act 1996, section 2(3A)(d) (inserted by Criminal Justice (Amendment) Act 2009, section 22)

Criminal Justice Act 2007, section 50(4A)(d) (inserted by Criminal Justice (Amendment) Act 2009, section 23)

(4) No person shall publish or broadcast or cause to be published or broadcast any information about an application under

(

a

) section 30(4) of the

Offences Against the State Act 1939

, or

(

b

) section 2(2) of the

Criminal Justice (Drug Trafficking) Act 1996

or, as the case may be,

(

c

)

section 50

of the

Criminal Justice Act 2007

other than a statement of (i) the fact that the application has been made by the Garda Síochána (or, in the case of an application under

section 50

of the

Criminal Justice Act 2007

, the fact that the application has been brought by a named person) in relation to a particular investigation and (ii) any decision resulting from the application.

Form of certificate

6. A certificate pursuant to Section 4J(2) of the

Criminal Procedure Act, 1967

, shall be in accordance with Form 14.1 Schedule B.

Anonymity of witnesses

7. Notice of a party’s intention to make an application under

section 181

of the

Criminal Justice Act 2006

may be given otherwise than in writing and the Judge may deem the notice given sufficient in any case. Where an order is made on foot of any such application, the party on whose application the order was made may request the Judge to confirm the existence of such order on any occasion on which the proceedings to which the order relates are before the Court.”

Schedule B O17. r.7(1)

Schedule 2

17.4

OFFENCES AGAINST THE STATE ACT 1939, Section 30(4)

(as substituted by the

Offences against the State (Amendment) Act 1998

)

APPLICATION FOR ISSUE OF WARRANT

District Court Area of District No.

THE APPLICATION OF

of

who says

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

was arrested on the........day of............20at..........am/pm pursuant to the provisions of Section 30 of the above-mentioned Act on suspicion of having committed an offence to wit;

and is presently detained pursuant to a direction under Section 30(3) of the said Act.

Said 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 is necessary for the proper investigation of the said offence.

My grounds for so believing are as follows

I hereby apply for the issue of a warrant authorising a further period of detention not exceeding 24 hours.

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

Informant

Sworn before me this.........day of............20...

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

Judge of the District Court

Schedule B O17. r.7(2)

17.5

OFFENCES AGAINST THE STATE ACT 1939, Section 30(4A)

(as inserted by Offences Against the State (Amendment) Act 1998)

WARRANT TO DETAIN

District Court Area of District No.

WHEREAS from the application of ofa member of the Garda Síochána not below the rank of Superintendent, it appears that ..., was arrested on theday of..20 at .a.m./p.m. pursuant to the provisions of section 30 of the above-mentioned Act on suspicion of having committed an offence, to wit

and is at present detained pursuant to a direction under section 30(3) of the said Act,

AND WHEREAS on the hearing of said application pursuant to section 30(4) of the said Act for a warrant authorising the further detention of..... whose current period of detention expires on the ..day of..20at a.m./p.m. or on the determination of said application

THE SAID , being the person to whom the application relates, having been produced before me,

*HAVING HEARD the oral evidence on oath of the said applicant and what was submitted on behalf of the said applicant

*AND, considering it to be in the interests of justice to do so, having directed that another member of the Garda Síochána, namely of ., give oral evidence, having adjourned the hearing of the application for the purpose of receiving such evidence and having received and heard that evidence

*HAVING HEARD the oral evidence on oath of *

(and on behalf of) the said person to whom the application relates and what was submitted on behalf of the said person

*Delete where inapplicable

I AM SATISFIED THAT such further detention 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 period of detention to commence at the expiry of the period of detention authorised by section 30(3) of the said 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: Superintendent of the Garda Síochána at..

Schedule B O17. r.8(1)

17.6

OFFENCES AGAINST THE STATE ACT 1939, Section 30A(1)

(as substituted by the Criminal Justice Act 2009, section 21)

INFORMATION

District Court Area of District No.

The information of..............................................................ofa member of the Garda Síochána not below the rank of Superintendent who says on oath

........................................of.............................................was arrested pursuant to the provisions of Section 30 of the above-mentioned Act on the.........day of..............20 at........am/pm and was detained pursuant to a direction under Section 30(3) of the said Act on suspicion of having committed an offence to wit;

contrary to

and was released without any charge having been made against him.

*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 said offence to which the detention related,

*the following offence (being another offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he was arrested, suspected, or ought reasonably to have suspected, *him/*her of having committed), to wit

contrary to

*Notwithstanding that the Garda Síochána had knowledge, prior to the release of the said .., of *his/*her suspected participation in an offence, to wit

contrary to

for which offence *his/*her arrest is now sought in this application, the questioning of the said person in relation to that offence, prior to his release, would not have been in the interests of the proper investigation of the offence.

*The said further information is as follows/*My reasons for so saying are as follows

*Delete where inapplicable

And I hereby apply for the issue of a warrant for the arrest of............................................................

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

Informant

Sworn before me this........day of...............20.

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

Judge of the District Court

Schedule B O17. r.8(2)

17.7

OFFENCES AGAINST THE STATE ACT 1939, Section 30A(1)

(as substituted by the Criminal Justice Act 2009, section 21)

WARRANT TO ARREST

District Court Area of District No.

WHEREAS from the information on oath and in writing sworn before me by..................................................................., a member of the Garda Síochána not below the rank of Superintendent, it appears that............................................................................was arrested pursuant to the provisions of section 30 of the above-mentioned Act on the.........day of..............20........ at .........am/pm and detained pursuant to a direction under Section 30(3) of the Act on suspicion of having committed an offence to wit;

contrary to

and was released without any charge having been made against him.

AND WHEREAS FROM SAID INFORMATION I AM SATISFIED THAT

*FURTHER information has come to the knowledge of the Garda Síochána since the release of the said . as to *his/*her suspectedparticipation in

*the said offence to which the detention related,

*the following offence (being another offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he was arrested, suspected, or ought reasonably to have suspected, *him/*her of having committed), to wit

contrary to

*Notwithstanding that the Garda Síochána had knowledge, prior to the release of the said .., of *his/*her suspected participation in an offence, to wit

contrary to

for which offence

*his/*her arrest was sought in this application, the questioning of the said person in relation to that offence, prior to his release, would not have been in the interests of the proper investigation of the offence.

*Delete where inapplicable

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

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

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

Judge of the District Court

To Superintendent...............................

of the Garda Síochána at..............................................

Schedule B O17. r.10

17.12

CRIMINAL JUSTICE (DRUG TRAFFICKING) ACT 1996, SECTION*2(2)(

g

) *2(2)(

h

)

WARRANT TO EXTEND DETENTION

District Court Area of District No.

WHEREAS from the application of ...., it appears that ..., of......................, was arrested on theday of....20.. at .a.m./p.m. on suspicion of having committed a drug trafficking offence, to wit

and is at present detained at..pursuant to

*a direction under paragraph (

c

) of section 2(2) of the above-mentioned Act,

*a warrant under paragraph (

g

)(ii) of section 2(2) of the above-mentioned Act,

which said period of detention will expire on theday of..20 at.a.m./p.m. or the determination of the within application

AND WHEREAS on the hearing of the said application pursuant to

*paragraph (

g

) of section 2(2) of the said Act by , a member of the Garda Síochána not below the rank of Chief Superintendent, for a warrant authorising the further detention of for a further period not exceeding 72 hours

*paragraph (

h

) of section 2(2) of the said Act by , a member of the Garda Síochána not below the rank of Chief Superintendent for a warrant authorising the further detention of .for a further period not exceeding 48 hours

THE SAID , being the person to whom the application relates, having been produced before me,

*AND HAVING HEARD the evidence adduced and what was submitted by the said applicant and said person

*AND, considering it to be in the interests of justice to do so, having directed that another member of the Garda Síochána, namely of ., give oral evidence, having adjourned the hearing of the application for the purpose of receiving such evidence and having received and heard that evidence

I AM SATISFIED THAT such further detention 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 paragraph (

c

) of section 2(2) of the said Act,

*the warrant under paragraph (

g

)(ii) of section 2(2) of the said Act

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

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

Signed

Judge of the District Court

To

*Chief Superintendent of the Garda Síochána at

*Delete where inapplicable

*Person in charge of the place of detention at.

Schedule B O17. r.10

17.12A

CRIMINAL JUSTICE (DRUG TRAFFICKING) ACT 1996, SECTION 4(1)

(as substituted by the

Criminal Justice (Amendment) Act 2009

, section 22)

INFORMATION

District Court Area of District No.

Prosecutor

Accused

The information of of...................................................a member of the Garda Síochána not below the rank of Superintendent who says on oath

........................................of.............................................was arrested pursuant to the provisions of Section 2 of the above-mentioned Act on.........day of..............20 at........am/pm and was detained pursuant to a direction under Section 2(2) of the said Act on suspicion of having committed an offence to wit;

contrary to

and was released without any charge having been made against him.

*FURTHER information has come to the knowledge of the Garda Síochána since the release of the said . as to *his/*her suspected participation in an offence to wit

contrary to

*Notwithstanding that the Garda Síochána had knowledge, prior to the release of the said .., of *his/*her suspected participation in an offence, to wit

contrary to

for which offence *his/*her arrest is now sought in this application, the questioning of the said person in relation to that offence, prior to his release, would not have been in the interests of the proper investigation of the offence.

*The said further information is as follows/*My reasons for so saying are as follows

*Delete where inapplicable

And I hereby apply for the issue of a warrant for the arrest of.........................................................

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

Informant

Sworn before me this........day of...............20.

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

Judge of the District Court

Schedule B O17. r.10

17.12B

CRIMINAL JUSTICE (DRUG TRAFFICKING) ACT 1996, SECTION 4(1)

(as substituted by the

Criminal Justice (Amendment) Act 2009

, section 22)

WARRANT TO ARREST

District Court Area of District No.

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

......................................................was arrested pursuant to the provisions of section 2 of the above-mentioned Act on the.........day of..............20at........am/pm and detained pursuant to a direction under Section 2(2) of the Act on suspicion of having committed an offence to wit;

contrary to

and was released without any charge having been made against him.

AND WHEREAS FROM SAID INFORMATION I AM SATISFIED THAT

*FURTHER information has come to the knowledge of the Garda Síochána since the release of the said . as to *his/*her suspectedparticipation in an offence, to wit

contrary to

*Notwithstanding that the Garda Síochána had knowledge, prior to the release of the said .., of *his/*her suspected participation in an offence, to wit

contrary to

for which offence

*his/*her arrest was sought in this application, the questioning of the said person in relation to that offence, prior to his release, would not have been in the interests of the proper investigation of the offence.

*Delete where inapplicable

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

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

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

Judge of the District Court

To Superintendent...............................

of the Garda Síochána at..

Schedule B O17. r.11

17.14

CRIMINAL JUSTICE ACT 2007, SECTION 50

WARRANT TO EXTEND DETENTION

District Court Area of District No.

WHEREAS from the 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

it appears 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, namelyand 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.

AND WHEREAS HAVING RECEIVED SAID INFORMATION

THE SAID , being the person to whom the application relates, having been produced before me,

*AND HAVING HEARD the evidence adduced and what was submitted by the said applicant and said person

*AND, considering it to be in the interests of justice to do so, having directed that another member of the Garda Síochána, namely of ., give oral evidence, having adjourned the hearing of the application for the purpose of receiving such evidence and having received and heard that evidence

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

*Delete where inapplicable

*Person in charge of the place of detention at....................................

Schedule B O17. r.11

17.15

CRIMINAL JUSTICE ACT 2007, SECTION 51(1)

(as substituted by the

Criminal Justice (Amendment) Act 2009

, section 23)

INFORMATION

District Court Area of District No.

THE INFORMATION 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 an offence, to wit

contrary to

*Notwithstanding that the Garda Síochána had knowledge, prior to the release of the said .., of *his/*her suspected participation in an offence, to wit

contrary to

for which offence *his/*her arrest is now sought in this application, the questioning of the said person in relation to that offence, prior to his release, would not have been in the interests of the proper investigation of the offence.

*The said further information is as follows/*My reasons for so saying are as follows

*Delete where inapplicable

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

Schedule B O17. r.11

17.16

CRIMINAL JUSTICE ACT 2007, SECTION 51(1)

(as substituted by the

Criminal Justice (Amendment) Act 2009

, section 23)

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, it appears 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

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

AND WHEREAS FROM SAID INFORMATION I AM SATISFIED THAT

*FURTHER information has come to the knowledge of the Garda Síochána since the release of the said . as to *his/*her suspectedparticipation in an offence, to wit

contrary to

*Notwithstanding that the Garda Síochána had knowledge, prior to the release of the said .., of *his/*her suspected participation in an offence, to wit

contrary to

for which offence *his/*her arrest was sought in this application, the questioning of the said person in relation to that offence, prior to his release, would not have been in the interests of the proper investigation of the offence.

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..

*Delete where inapplicable

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..

Schedule B O17. r.12

17.18

CRIMINAL JUSTICE ACT 2007, SECTION 50

WARRANT TO EXTEND DETENTION OF RE-ARRESTED PERSON

District Court Area of District No.

WHEREAS from 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,

it appears 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, namelyand 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.

AND WHEREAS HAVING RECEIVED SAID INFORMATION

THE SAID , being the person to whom the application relates, having been produced before me,

*AND HAVING HEARD the evidence adduced and what was submitted by the said applicant and said person.

*AND, considering it to be in the interests of justice to do so, having directed that another member of the Garda Síochána, namely of ., give oral evidence, having adjourned the hearing of the application for the purpose of receiving such evidence and having received and heard that evidence

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

*Delete where inapplicable

*Person in charge of the place of detention at

Schedule B O17. r.14(1)

17.19

*OFFENCES AGAINST THE STATE ACT 1939, section 30(4D)

*Delete where inapplicable

*CRIMINAL JUSTICE (DRUG TRAFFICKING) ACT 1996, section 2(7A)

*CRIMINAL JUSTICE ACT 2007, section 50(9)

CERTIFICATE

District Court Area of District No.

I certify that I was the court clerk in attendance at the District Court at the court house (within the meaning of the above-mentioned section) at . on the day of ..20.., and I certify that a person to whom an application under that section related, namely., arrived at the said court house on that date at ..a.m./p.m.

Dated the day of ..20..

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

District Court Clerk assigned to the said Area

Schedule B O31. r.4

31.3

CRIMINAL JUSTICE ACT 1984, SECTION 10(1)

(as amended by the

Criminal Justice (Amendment) Act 2009

, section 24)

INFORMATION

District Court Area of District No.

THE INFORMATION of

of .

who says on oath—

I am a member of the Garda Síochána not below the rank of superintendent and I lay this information pursuant to section 10 of the above-mentioned Act.

*(From my own knowledge) *(From information which I have received and which I believe to be true) I say

that the above-named person........................... was on the.day of.20.ata.m./p.m. arrested by .., a member of the Garda Síochána at.......................................................... *(in the court (area and) district aforesaid) on suspicion of having committed *(in the court (area and) district aforesaid) an offence to which section 4 of the said Act applies, to wit;

contrary to

that the said person was taken to and detained in..................................Garda Síochána station,

and that *he/*she was at.. a.m./p.m. on the..day of20.. released in accordance with the provisions of the said section 4 without any charge having been made against *him/*her.

*THAT 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 said offence to which the detention related,

*the following offence (being another offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he was arrested, suspected, or ought reasonably to have suspected, *him/*her of having committed), to wit

contrary to

*THAT notwithstanding that the Garda Síochána had knowledge, prior to the release of the said ..., of *his/*her suspected participation in an offence, to wit

contrary to

for which offence *his/*her arrest is sought in this application, the questioning of the said person in relation to that offence, prior to his release, would not have been in the interests of the proper investigation of the offence.

*The said further information is as follows/*My reasons for so saying are as follows

*Delete where inapplicable

I hereby apply for a warrant to arrest that person for the said last-mentioned offence.

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

Informant

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

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

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

Judge of the District Court

Schedule B O31. r.5

31.4

CRIMINAL JUSTICE ACT 1984, SECTION 10(1)

(as amended by the

Criminal Justice (Amendment) Act 2009

, section 24)

WARRANT TO ARREST

District Court Area of District No.

WHEREAS from the information on oath and in writing sworn before me on this day pursuant to section 10 of the above-mentioned Act by of.................................................................... a member of the Garda Síochána not below the rank of superintendent, it appears

THAT the above-named person,................................................................., was at a.m./p.m. on the.day of 20. arrested by.................................. of the Garda Síochána at...................................................... *(in court (area and) district aforesaid) on suspicion of having committed *(in the court (area and) district aforesaid) an offence to which section 4 of the said Act applies, to wit;

contrary to

THAT *he/*she was taken to and detained in....................................... Garda Síochána station

AND THAT *he/*she was, at..a.m./p.m. on the..day of...20.. released in accordance with the provisions of section 4 of the said Act without any charge having been made against *him/*her.

AND WHEREAS FROM SAID INFORMATION I AM SATISFIED

*THAT FURTHER information has come to the knowledge of the Garda Síochána since the release of the said . as to *his/*hersuspected participation in

*the said offence to which the detention related,

*the following offence (being another offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he was arrested, suspected, or ought reasonably to have suspected, *him/*her of having committed), to wit

contrary to

*THAT notwithstanding that the Garda Síochána had knowledge, prior to the release of the said ...., of *his/*her suspectedparticipation in an offence, to wit

contrary to

for which offence *his/*her arrest is sought in this application, the questioning of the said person in relation to that offence, prior to his release, would not have been in the interests of the proper investigation of the offence.

THIS IS TO AUTHORISE YOU to whom this warrant is addressed to arrest the said person,................................................................... of

in accordance with the provisions of

section 10

of the

Criminal Justice Act 1984

for the said last-mentioned offence.

Dated this .. day of ..20..

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

Judge of the District Court

To: Superintendent of the Garda Síochána at.*Delete where inapplicable

EXPLANATORY NOTE

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

These rules substitute Order 14 and amend Orders 12, 17, 18, 24 and 31 to provide forms and procedure in relation to the

Criminal Justice (Amendment) Act 2009

.

*Delete where inapplicable

*Delete where inapplicable

*Delete where inapplicable

*Delete where inapplicable

*Delete where inapplicable

*Delete where inapplicable

*Delete where inapplicable

*Delete where inapplicable

*Delete where inapplicable

*Delete where inapplicable

*Delete where inapplicable

*Delete where inapplicable

S.I. No. 33 of 2010

DISTRICT COURT (CRIMINAL JUSTICE (AMENDMENT) ACT 2009) RULES 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th February

, 2010.

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 16th day of November 2009.

Miriam Malone Chairperson

Uinsin MacGruairc

Mary C Devins

Thomas E O’Donnell

Brian Sheridan

Fiona Twomey

Roy Pearson

Noel A Doherty

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

Dated this 1st day of February 2010.

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

S.I. No. 33 of 2010

DISTRICT COURT (CRIMINAL JUSTICE (AMENDMENT) ACT 2009) RULES 2010