Circuit Court Rules (Criminal Justice (Mutual Assistance) Act 2008) 2010

• Jurisdiction: Ireland
• Citation: IR SI 82/2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd March, 2010.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 10th day of November 2009.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Tony Hunt

Shane Murphy

Gerard J. Doherty

Joe Deane

Noel Rubotham

Susan Ryan

Patricia Casey

I concur in the making of the above Rules of Court.

Dated this 23rd day of February 2010.

Signed: DERMOT AHERN,

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM.

S.I. No. 82 of 2010

CIRCUIT COURT RULES (CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008) 2010

1. These Rules, which may be cited as the Circuit Court Rules (Criminal Justice (Mutual Assistance) Act 2008) 2010, shall come into operation on the 23rd day of March 2010.

2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2010.

3. The Circuit Court Rules are amended:

(i) by the substitution for the title and rule 1 of Order 68A of the following:

“Order 68A

Criminal Justice Act 2006 (No. 26 of 2006)

Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008)

1. In this Order:

“the Act” means the Criminal Justice Act 2006 (No. 26 of 2006);

“the Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008).

(ii) by the insertion immediately following rule 2 of Order 68A of the following:

“3. (1) Save where otherwise directed or permitted by the Court, an application to the Court to issue a letter of request under section 62(1), section 67(2), section 73(1) or section 77(1) of the Act of 2008 shall—

(a) where the application concerns proceedings already instituted against a person, be made by motion on notice, returnable to a date not less than four weeks prior to the commencement of the Sittings at which it is intended that the trial shall be heard, and the notice of motion shall be filed in the Office and a copy served on the...