District Court (Criminal Justice Act 2007) Rules 2008

• Statutory Instrument No.: 41/2008
• Published date: 26 February 2008

STATUTORY INSTRUMENTS

S.I. No. 41 of 2008

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DISTRICT COURT (CRIMINAL JUSTICE ACT 2007) RULES 2008

(Prn. A8/0259)

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S.I. No. 41 of 2008

DISTRICT COURT (CRIMINAL JUSTICE ACT 2007) RULES 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

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiu

´il” of 26th February, 2008.

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S.I. No. 41 of 2008

DISTRICT COURT (CRIMINAL JUSTICE ACT 2007) RULES 2008

1. These rules may be cited as the District Court (Criminal Justice Act 2007)

Rules 2008.

2. These rules shall come into operation on the 19 day of March 2008 and

shall be read together with all other District Court Rules for the time being

in force.

3. Order 13 of the District Court Rules 1997 (S.I. No. 93 of 1997) shall be

amended by the substitution for rule 1 of the following:

“1. Criminal proceedings shall be brought, heard and determined—

(a) in the court area wherein the offence charged or, if more than one

offence is stated to have been committed within a Judge’s district,

any one of such offences is stated to have been committed; or

(b) in criminal cases where no offence has been charged, in the court

area wherein the offence is stated to have been committed; or

(c) in the court area wherein the accused has been arrested; or

(d) in the court area wherein the accused resides; or

(e) in the court area specified by order made pursuant to the provisions

of section 15 of the Courts Act 1971; or

(f) in a case to which section 79A(1) of the Courts of Justice Act 1924

(inserted by section 178 of the Criminal Justice Act 2006) applies,

in any court area within any of the districts referred to in that sub-

section, or

(g) in the case of proceedings under any provision of the Companies

Acts referred to in section 240A of the Companies Act 1963 against

a company or an officer of a company, in the court area in which

the registered office of the company is situated or in any other court

area permitted by that section.”

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 appli-

cation of the applicant or of the prosecutor. The terms of any

direction given under section 1A(8) or order made under section