District Court (Amendment) Rules 2016.

• Jurisdiction: Ireland
• Citation: IR SI 149/2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th April, 2016.

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 and Equality, make the following rules of court.

Dated this 25th day of January 2016.

Rosemary Horgan

Chairperson

Mary C Devins

Brian Sheridan

Conal Gibbons

Anne Watkin

Fiona Twomey

Shane McCarthy

Roy Pearson

Noel A Doherty

Michelle Johnston

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

Dated this 4th day of April 2016.

FRANCES FITZGERALD,

Minister for Justice and Equality.

S.I. No. 149 of 2016

DISTRICT COURT (AMENDMENT) RULES 2016

1. (1) These Rules, which may be cited as the District Court (Amendment) Rules 2016, shall come into operation on the 3rd day of May 2016.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2016.

2. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended:

(i) by the substitution of the heading to rule 6 of Order 19 of the following “Remands under s.5 1997 Act”;

(ii) the substitution for rule 4 of Order 26 of the following rule;

“Warrants of committal in Dublin Metropolitan District

4. Warrants of committal may, in the Dublin Metropolitan District, be addressed to the Governor of the Prison into whose custody the person is being committed.”

(iii) by the substitution of the form No.19.1 set out in Schedule 1 for the form bearing the like number in the Schedule B annexed to the District Court Rules 1997; and

(iv) by the substitution of the form No. 28A.15 set out in Schedule 1 for the form bearing the like number in the Schedule B annexed to the District Court Rules 1997; and

(v) by the substitution of the form No. 66.4 set out in Schedule 1 for the form bearing the like number in the Schedule C annexed to the District Court Rules 1997.

Schedule 1

No. 19.1

Schedule B

O.19 r.1

CRIMINAL PROCEDURE ACT, 1967

*CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT, 1997

COMMITTAL WARRANT (remand)

District Court Area of District No. .......................

PROSECUTOR: The D.P.P. at the suit of ............................................................

ACCUSED: ...................................................... D.O.B. .............................................

WHEREAS the above-named accused was this day before the Court charged that ...........................................................................

AND WHEREAS the hearing of the said charges has been adjourned to the sitting of the District Court at ............................................. on the ............... day of.............................. 20............... at ............................................. am/pm

*under the provisions of section 5 of the Criminal Justice (Miscellaneous Provisions) Act 1997

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused in the *(prison) *(remand institution he being a person who is not less than sixteen nor more than twenty-one years of age) at ............................................. there to be detained by the Governor/the person in charge thereof until the above time of adjournment

*(1) Being a period not exceeding eight days from the date hereof.

*(2) Being a period not exceeding fifteen days from the date hereof and this not being the occasion of the first appearance of the accused before the court.

*(3) Being a period exceeding 15 days but not exceeding thirty days from the date hereof, the accused and prosecutor so consenting and this not being the occasion of the first appearance of the accused before the Court,

When he shall have him/her at the said sitting to be further dealt with according to law.

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

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at

†CONSENT AND CONDITIONS OF RELEASE

The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance

*himself/herself in the sum of...