District Court (Criminal Justice) Rules, 2001

• Jurisdiction: Ireland
• Citation: IR SI 194/2001

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 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions). Act 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following Rules of Court— 1. These Rules may be cited as the District Court (Criminal Justice) Rules, 2001. 2. These Rules shall come into operation on the 1st day of October, 2001 and shall be read together with all other District Court Rules for the time being in force. 3. Order 14 of the District Court Rules, 1997 ( S.I. No.93 of 1997 ) is hereby amended—

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

1. Save where otherwise provided by law, the place in which the Court shall sit for hearing summary proceedings and for the conduct of proceedings under Part 1A of the Criminal Procedure Act, 1967 shall be deemed an open Court to which, subject to the provisions hereinafter contained, the public generally may have access so far as the same can conveniently accommodate them.

(b) by the substitution of the following rule for rule 3:

“3. During the conduct of proceedings under Part 1A of the Criminal Procedure Act, 1967 where the Court is satisfied, that, because of the nature or circumstances of the case or otherwise in the interests of justice it is desirable to do or in proceedings relating to applications under section 2 (1) of the Bail Act, 1997 the Court may, subject to Rule 4, exclude the public or any particular portion of the public or any particular person or persons, except bona fide representatives of the Press, from the Court during the proceedings.

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

“5. (1) No person shall publish or cause to be published any information about a proceeding under Part 1A of the Criminal Procedure Act, 1967 other than a statement of the fact that the proceeding has been brought by a named person in relation to a specified charge against a named person and any decision resulting from the proceeding.

(2) In proceedings under section 2 (1) of the Bail Act 1997 no information relating to the criminal record of the person applying for bail shall be published in a written publication available to the public or be broadcast.

(d) by the substitution of the following Rule for Rule 6:

6. A certificate pursuant to Section 4J(2) of the Criminal Procedure Act 1967 , shall be in accordance with Form 14.1, Schedule B.

and the said order 14 as so amended appears in Schedule I to these Rules;

(e) by the substitution for the Form 14.1, Schedule B of the Form of the same number in Schedule 2 to these Rules. 4. Order 17 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended—

(a) by the substitution of the following Rules for Rule 5:

“Endorsement on warrants as to release on bail. 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 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 recognizance. (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 17.10, Schedule B, with or without surety or sureties, approved by that member and upon the payment of— (a) an amount equal to one third, or (b) such greater amount as the Court may determine, of any recognizance entered into by a person. (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 in which the Garda Síochána Station is situate.

(b) the addition of the following Rule after Rule 8 thereof:

9. (1) An application for a warrant to arrest a prisoner under Section 42 of the Criminal Justice Act, 1999 shall be by the information on oath and in writing in the Form 17.8, Schedule B by a member of the Garda Síochána not below the rank of superintendent.

(2) A warrant issued on foot of such information shall be in the Form 17.9, Schedule B.”

and the said Order 17 as so amended appears in Schedule 3 to these Rules;

(c) the Forms numbered 17.8, 17.9 and 17.10 shall be added to the Forms in Schedule B to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) and the said Forms 17.8, 17.9 and 17.10 appear in Schedule 4 to these Rules. 5. Order 18 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended—

(a) by the substitution of the following rule for rule 3:

3. Before taking a recognisance the court shall in every case satisfy itself as to the sufficiency and suitability of any person proposed to be accepted as a surety for the purpose of bail.

(b) by the substitution of the following rules for rules for rules 5 and 6:

5. (1) Where a court admits a person who is in custody to bail the person shall not be released until—

(a) an amount equal to one third, or

(b) such greater amount as the court may determine,

of any recognisance entered into by a person in connection therewith has been paid into court.

(2) (a) Where the court admits a person to bail, the court may, in lieu of the payment of moneys into court by the person or, where a surety or sureties are required by the court, by his or her sureties, accept as security such instrument which is evidence of the title of a person to property (other than land or any estate, right or interest in or over land) as it considers adequate.

(b) Where a bank, building society, credit union or post office deposit book is accepted as security by a court the court shall make an order directing the bank, building society or credit union concerned or An Post as the case may be, not to permit the moneys on deposit to be reduced below—

(i) an amount equal to the amount required to be paid into court, or

(ii) the amount then on deposit

whichever is the lesser.

(c) An Order made under section 5 (2)(b) of the Bail Act, 1997 shall be in the Form 18.9 and shall be served by the Clerk on the relevant bank, building society, credit union or An Post by prepaid ordinary post.

(d) Where the court makes an order as aforesaid the instrument shall be held in the custody of the district court clerk until the order is discharged.

(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 he accepted in lieu of such surety or sureties. Such sum is additional to the amount specified in Rule 5(2).

(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,

(b) or the Governor of the prison wherein the accused is in custody,

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

(5) The Clerk or Governor receiving such moneys shall issue a receipt for each lodgement and shall complete the certificate of such lodgement on the recognisance.

6. The Court shall direct that a copy of the ecognisance containing the conditions of the recognisance be given to the accused person and to any surety or sureties.

(c) the substitution of the following Rule for Rule 10:

10. Where a person charged with an offence is admitted to bail by a court and—

(a) he or she is discharged in relation to that offence pursuant to section 8(5) of the Act of 1967 or otherwise,

(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or

(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty,

and if the conditions of the recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order that the amount of any recognisance paid into court by any person in connection therewith shall be repaid to the person and shall discharge any order made under section 5 (2) of the Bail Act, 1997 and release any security accepted by the court under that subsection.

(2) Where the Court makes an order discharging a direction under section 5(2)(b) the clerk shall serve a copy of said order in the Form 18.10 by prepaid ordinary post on the relevant bank, building society or credit union or An Post.”

and the said Order 18 as so amended appears in Schedule 5 to these Rules;

(d) by the substitution for Forms No. 18.1, 18.2, 18.3, 18.4, 18.6 and 18.8 Schedule B of the Forms of the same number in Schedule 6 to these Rules;

(e) by the addition to Schedule B of the Forms 18.9 and 18.10 in Schedule 6 to these Rules. 6. Order 19 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended—

(a) by the substitution of the following Rule for Rule 6(3):

Where, under the powers conferred by subsection (3) of section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 , the alternative court remands a person for the purpose of the trial of that person to a sitting of the court in the District Court District—

(i) in which the offence...