District Court (Criminal Justice Act 2007) Rules 2008

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

S.I. No. 41 of 2008

DISTRICT COURT (CRIMINAL JUSTICE ACT 2007) RULES 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th February, 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

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 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.”

5. Order 17 of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) is hereby amended—

(i) by the substitution for rule 4(1) of the following:

“4. (1) Whenever a person is brought in custody to a Garda Síochána Station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of that person is in force, release that person on bail and for that purpose take from him or her a recognisance in the Form 17.2, Schedule B with or without sureties approved by that member in such sum or sums (if any) as such member shall determine, for his or her due appearance—

(a) before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or

(b) in the case of the District Court in the Dublin Metropolitan District before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting.”

(ii) by the substitution for rule 5 of the following:

“5. (1) Where the Court issues a warrant for the arrest of a person, the Court may by endorsement on the warrant direct that the person named in the warrant be on arrest released on his or her entering into a recognisance, with or without a surety or sureties, conditioned for his or her appearance before the Court on such date and at such time and place as may be specified in the endorsement, and the endorsement shall fix the amounts (if any) in which the person and his or her surety or sureties (if any) are to be bound and shall specify any other conditions of the recognisance.

(2) Where such an endorsement is made, the member of the Garda Síochána in charge of the Garda Síochána Station to which on arrest the person named in the warrant is brought shall discharge him or her upon his or her entering into a recognisance in the Form 18.2 Schedule B, with or without surety or sureties, approved by that member and upon the payment of such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court has determined.

(3) Any moneys paid to a member of the Garda Síochána under this rule shall be deposited by him or her with the District Court clerk for the District Court area where the courthouse at which the arrested person is conditioned to appear is situate.”

(iii) by the insertion following rule 10 of the following:

“11. An application under section 50 of the Criminal Justice Act 2007 for a warrant to further detain a person detained pursuant to a direction or warrant under that section shall be by information on oath and in writing in the Form 17.13, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the Form 17.14, Schedule B.

12. An information on oath for a warrant to arrest a person under Section 51(1) of the Criminal Justice Act 2007 shall be in writing in the Form 17.15, Schedule B by a member of the Garda Síochána not below the rank of superintendent. A warrant issued on foot of such information shall be in the Form 17.16, Schedule B.

13. An application under section 50 of the Criminal Justice Act 2007 as applied by section 51(3) of that Act for a warrant to further detain a person detained pursuant to a warrant under section 51(1) of that Act shall be by information on oath and in writing in the Form 17.17, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the Form 17.18, Schedule B.”

6. Order 18 of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) is hereby amended—

(i) by the substitution for rule 1 of the following:

“1. Subject to rule 2, a Judge shall admit to bail a person charged before him or her with an offence if it appears to that Judge in accordance with the Criminal Procedure Act 1967 and Bail Act 1997 to be a case in which bail ought to be allowed and if such person is granted bail, the Judge shall determine the amount (if any) conditioned by such bail and whether the bail shall be with or without a surety or sureties, the amount (if any) in which each surety (if any) shall be bound, and any other conditions of bail. The provisions of this Order which relate to the payment of money or the giving of security shall not apply where bail is allowed otherwise than conditioned on an amount of money.”

(ii) by the substitution for rule 5(1) of the following:

“5. (1) Where a court admits a person who is in custody to bail the person shall not be released until there has been paid into court such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court has determined.”

(iii) by the substitution for rule 5(3) of the following:

“(3) Where a court decides to admit a person to bail with one or more sureties it may direct that a sum of money equivalent to the amount of bail be accepted in lieu of such surety or sureties. Such sum is additional to any amount specified in accordance with rule 1. Where under the Criminal Procedure Act 1967 or the Bail Act 1997 any moneys are required to be paid into Court under a recognisance by a person in custody, or by any surety or sureties as a condition of that recognisance, or any security accepted in the court in lieu of such payment is required to be lodged in Court, such moneys so payable or such security so accepted by the Court shall be deemed to be paid into Court or lodged in Court when paid to or lodged with the Governor or a prison officer designated in accordance with section 22(3) of the Criminal Procedure Act 1967 of the prison in which the person is in custody, for and on behalf of the District Court Clerk for the District Court Area in which the order admitting to bail was made.”

(iv) by the substitution for rule 5(4) of the following:

“(4) On lodgement of the required sums or security with—

(a) the clerk of the court area in which the order admitting to bail was made, or

(b) the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act 1967 of the prison wherein the accused is in custody, payment of which money or security to whom shall be deemed to be a payment into court,

and on completion of the recognisance in the Form 18.1, 18.2 or 18.3 as appropriate, the person shall be released if he or she is in custody for no other cause than the offence in respect...