Courts and Court Officers Act 2009

JurisdictionIreland


Number 36 of 2009


COURTS AND COURT OFFICERS ACT 2009

REVISED

Updated to 21 May 2020


This Revised Act is an administrative consolidation of the Courts and Court Officers Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including the Bovine Viral Diarrhoea (Amendment) Regulations 2020 (S.I. No. 182 of 2020), made 21 May 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 36 of 0000


COURTS AND COURT OFFICERS ACT 2009

REVISED

Updated to 21 May 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Court Officers Acts 1926 to 2014: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Court of Appeal Act 2014 (18/2014), s. 1(4)). The Acts in this group are:

Court Officers Act 1926 (27/1926)

Court Officers (Amendment) Act 1937 (21/1937) (repealed)

Court Officers Act 1945 (25/1945)

Court Officers Act 1951 (8/1951)

Courts of Justice and Court Officers (Superannuation) Act 1961 (16/1961), in so far as it amends and extends the Courts Officers Acts 1926 to 1951

Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), in so far as it amends or extends the Courts of Justice and Court Officers (Superannuation) Act 1961

Courts and Court Officers Act 1995 (31/1995), in so far as it amends or extends the Court Officers Acts 1926 to 1991

Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), in so far as it amends the Courts of Justice and Court Officers (Superannuation) Act 1961

Courts (Supplemental Provisions) (Amendment) Act 1999 (25/1999), in so far as it amends or extends the The Court Officers Acts 1926 to 1998

Courts and Court Officers Act, 2002 (15/2002), insofar as it amends the Court Officers Acts 1926 to 1999

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), ss. 29 and 30

Courts and Court Officers Act 2009 (36/2009 )

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), ss. 63 and 64

Court of Appeal Act 2014 (18/2014), to the extent that it amends or extends Court Officers Acts 1926 to 2012 and Courts and Court Officers Act 2009

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Court of Appeal Act 2014 (18/2014)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Courts and Court Officers Act 2009 (Commencement) Order 2009 (S.I. No. 477 of 2009)

All statutory instruments up to and including Bovine Viral Diarrhoea (Amendment) Regulations 2020 (S.I. No. 182 of 2020), made 21 May 2020, were considered in the preparation of this revision.


Number 36 of 2009


COURTS AND COURT OFFICERS ACT 2009

REVISED

Updated to 21 May 2020



Acts Referred to

Court Officers Act 1926

1926, No. 26

Courts Service Act 1998

1998, No. 8

Criminal Justice (Public Order) Act 1994

1994, No. 2

Criminal Justice Act 2007

2007, No. 29

Criminal Procedure Act 1967

1967, No. 12

Offences Against the State Act 1939

1939, No. 13

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c.93

Prisons Act 2007

2007, No. 10


Number 36 of 2009


COURTS AND COURT OFFICERS ACT 2009

REVISED

Updated to 21 May 2020


AN ACT TO PROVIDE FOR THE PLACEMENT IN TEMPORARY CUSTODY OF CERTAIN DETAINED PERSONS IN ORDER TO FACILITATE THEIR APPEARANCE BEFORE A COURT; TO PROVIDE FOR THE ESTABLISHMENT OF COMBINED COURT OFFICES; TO AMEND THE COURTS SERVICE ACT 1998, THE CRIMINAL PROCEDURE ACT 1967 AND THE PETTY SESSIONS (IRELAND) ACT 1851, AND TO PROVIDE FOR RELATED MATTERS.

[24th November, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

1.

Short title and commencement.

1.— (1) This Act may be cited as the Courts and Court Officers Act 2009.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provisions and different days may be so appointed for different purposes or different provisions.

Annotations

Editorial Notes:

E1

Power pursuant to section exercised (4.12.2009) by Courts and Court Officers Act 2009 (Commencement) Order 2009 (S.I. No. 477 of 2009), art. 2.

2. The 4th day of December 2009 is appointed as the day on which the Courts and Court Officers Act 2009 (No. 36 of 2009) comes into operation.

...

2.

Definition.

2.— In this Act “ Minister ” means the Minister for Justice, Equality and Law Reform.

3.

Regulations.

3.— (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purpose of the regulations.

(3) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it has been madeand, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4.

Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Temporary Custody

5.

Definitions (Part 2).

5.— In this Part—

“ Act of 2007” means the Prisons Act 2007;

“governor” has the same meaning as it has in the Act of 2007;

“holding area officer” means—

(a) a governor, or a member of the Garda Síochána, in whose temporary custody a person is placed under section 6,

(b) a person who assumes the duties of a holding area officer under section 11 (6),

(c) a member in charge who assumes the powers and functions of a holding area officer under paragraph (a) of section 11(7), or

(d) a member of the Garda Síochána to whom the powers and functions referred to in paragraph (c) are transferred under paragraph (b) of section 11(7);

“member in charge” means a member of the Garda Síochána who is in charge of a Garda Síochána station referred to in section 11(7);

“ Prison Rules” means the Prison Rules 2007 (S.I. No. 252 of 2007);

“prisoner” has the same meaning as it has in the Act of 2007;

“prison officer” has the same meaning as it has in section 19(6) (as inserted by section 41(4) of the Act of 2007) of the Criminal Justice (Public Order) Act 1994;

“temporary custody” shall be construed in accordance with subsections (1) and (2) of section 6.

6.

Persons held for section 7 purposes.

6.— (1) A prisoner may be placed in the temporary custody of a member of the Garda Síochána where the placement is for a purpose referred to in section 7.

(2) A person who is lawfully in the custody of the Garda Síochána may be placed in the temporary custody of a governor where the placement is for a purpose referred to in section 7.

(3) Without prejudice to the generality of subsections (1) and (2), a person who is placed in temporary custody under either of those subsections may be placed in a place in or adjacent to a court building in which the appearance or hearing referred to in section 7 concerned is to be held.

(4) A prisoner or a person who is lawfully in...

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