District Court (Criminal Procedure Act, 1967) Rules, 1967

• Jurisdiction: Ireland
• Year: 1967
• Citation: IR SI 181/1967

S.I. No. 181 of 1967.

DISTRICT COURT (CRIMINAL PROCEDURE ACT, 1967) RULES, 1967

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 , and section 48 of the Courts (Supplemental Provisions) Act, 1961 , and with the concurrence of the Minister for Justice, do hereby make the following rules:— 1. These Rules may be cited as the District Court ( Criminal Procedure Act, 1967 ) Rules, 1967. 2. These Rules shall come into operation on the 1st day of August, 1967, and shall be read together with the other Rules for the time being in force. 3. The Rules mentioned in the First Schedule are hereby annulled save as to any proceedings pending in the District Court on the coming into operation of these Rules, which proceedings shall be continued and completed as if these Rules had not been made. 4. In these Rules—

"the Act" means the Criminal Procedure Act, 1967 (No. 12 of 1967);

"Form" means a form set out in the Second Schedule. 5. The documents specified in section 6 (1) of the Act shall be in accordance with Forms 1 to 5 and shall be served personally on the accused at the earliest opportunity, but, save with the leave of the Court, shall not be served later than thirty days after the first appearance of the accused before the Court. 6. Copies of the said documents together with a statutory declaration of service thereof shall be lodged with the district court clerk within eight days of such service and such clerk shall forthwith transmit the same to the justice. 7. Any further statement served on the accused pursuant to section 6 (4) of the Act shall be in accordance with Form 6. 8. A deposition shall be in accordance with Form 7, Form 8, Form 9 or Form 10, as the case may be. 9. A statement of the accused made pursuant to section 7 (4) or section 8 (2) of the Act shall be in accordance with Form 11. 10. Subject to the provisions of Rules 11 and 19, the order of the justice sending the accused forward for trial shall be in accordance with Form 12. 11. Where pursuant to section 8 (2) of the Act the justice is of opinion that there is a sufficient case to put the accused on trial for some indictable offence other than that charged, he shall direct the prosecutor to prepare that charge, which shall be in accordance with Form 13. The new charge shall be read to the accused by the court clerk. The order of the justice in such cases shall be in accordance with Form 14. 12. Where pursuant to section 8 (4) of the Act the justice is of opinion that a summary offence only is disclosed, and the Attorney General consents, he shall direct the prosecutor to prepare such summary charge, which shall be in accordance with Form 15. The new charge shall be read to the accused by the court clerk and the justice shall then discharge the accused as to the offence originally charged. 13. An order requiring a witness, a statement of whose evidence has been supplied to the accused or whose deposition has been taken, to attend and give evidence at the trial of the accused and to produce any document or thing specified in the order shall be in accordance with Form 16. 14. The prosecutor shall cause a notice to be served on each person in respect of whom a witness order has been made. Such notice shall be in accordance with Form 17 and shall be served by a member of the Garda Síochána in the manner provided for the service of summonses in cases of summary jurisdiction by Rule 47 of the District Court Rules, 1948 (S.R. & O. 1947, No. 431), as inserted by Rule 5 of the District Court Rules, 1962 ( S.I. No. 7 of 1962 ). 15. An application pursuant to section 9 (3) of the Act that a particular person is unlikely to comply with a witness order shall be by information which shall be in accordance with Form 18. 16. A summons or warrant which may be issued by the justice on foot of such information shall be in accordance with Form 19 or Form 20, as the case may be. 17. A warrant pursuant to section 9 (3) of the Act for the arrest of a person who fails to appear in answer to a summons under Rule 16 shall be in accordance with Form 21. 18. Where the person referred to in Rule 15 is before the Court either in obedience to a summons or by virtue of a warrant and enters into a recognisance it shall be in accordance with Form 22. A warrant for his committal on refusing to enter into such recognisance shall be in accordance with Form 23. 19—(1) Where pursuant to section 12 of the Act an accused person waives the preliminary examination and elects to be sent forward for trial with a plea of not guilty, the order of the justice sending him forward for trial shall be in accordance with Form 24.

(2) Where the accused person is a child or young person within the meaning of the Children Acts, 1908 to 1957, and the parent or guardian consents, the order of the justice sending him forward for trial shall be in accordance with Form 25. 20. A plea of guilty pursuant to section 13 (2) (b) of the Act shall be in accordance with Form 26, and the order of the Court sending the accused forward for sentence shall be in accordance with Form 27. 21. An application pursuant to section 14 (1) of the Act shall be by information which shall be in accordance with Form 28. 22. A summons or warrant which may be issued by the justice on foot of such information shall be in accordance with Form 29 or Form 30, as the case may be. 23. A warrant for the arrest of a person who fails to appear in answer to a summons issued under Rule 22 shall be in accordance with Form 31. 24. A summons or warrant for securing the attendance of the accused before the justice shall be in accordance with Form 32 or Form 33, as the case may be. Where the accused is in custody the warrant shall be in accordance with Form 34. 25. A warrant for the arrest of an accused person who fails to appear in answer to a summons under Rule 24 shall be in accordance with Form 35. 26. A deposition taken pursuant to section 14 of the Act by a justice other than the justice conducting the preliminary examination shall be transmitted by the court clerk taking such deposition to the court clerk for the court area to which the accused stands remanded. 27. A certificate pursuant to section 17 (2) of the Act shall be in accordance with Form 36. 28. A committal warrant pursuant to section 22 of the Act shall be in accordance with Form 37 or Form 38, as the case may be. 29. A recognisance pursuant to section 22 of the Act shall be in accordance with Form 39 or Form 40, as the case may be. 30. A remand warrant pursuant to section 25 of the Act shall be in accordance with Form 41. 31. A recognisance pursuant to section 26 of the Act shall be in accordance with Form 42 or Form 43, as the case may be. 32. An endorsement on a warrant of arrest as to release on bail pursuant to section 30 of the Act shall be in accordance with Form 44. 33. A recognisance pursuant to section 31 of the Act shall be in accordance with Form 45 or Form 46, as the case may be. 34. An application pursuant to section 33 (1) of the Act shall be by information which shall be in accordance with Form 47. 35. A warrant for the arrest of an accused person in relation to whom an information has been sworn under Rule 34 shall be in accordance with Form 48. 36. A committal warrant pursuant to section 33 (3) of the Act shall be in accordance with Form 49. 37. A committal warrant pursuant to section 33 (4) of the Act shall be in accordance with Form 50 or Form 51, as the case may be. 38. Where a justice makes an order sending an accused person forward for trial the court clerk for the court area where such order was made shall transmit to the appropriate county registrar within ten days from the making of such order the following:

(a) a statement of the charges upon which the accused was returned for trial;

(b) any sworn information in writing upon which the proceedings were initiated;

(c) a list of the witnesses whom it is proposed to call at the trial;

(d) a statement of the evidence that is to be given by each witness;

(e) a list of exhibits (if any);

(f) any deposition or statement taken before any justice or peace commissioner in relation to the charge in respect of which such order was made;

(g) any exhibit put in evidence and handed in to the Court;

(h) the order of the justice sending the accused forward for trial;

(i) the witness order made by the justice;

(j) any recognisance taken by the justice in relation to the case. 39. Where, after an accused person has been sent forward for trial, a recognisance is entered into by a witness under section 9 (3) of the Act or a deposition is taken under section 14 of the Act, the court clerk shall transmit the recognisance or deposition, as the case may be, to the appropriate county registrar. 40. Where in the course of a preliminary examination by a justice such justice is, by reason of illness or other unavoidable cause, unable to complete the preliminary examination and another justice is proceeding with the preliminary examination, the depositions (if any) already taken before such first-mentioned justice shall be deemed to have been taken before such last-mentioned justice.

FIRST SCHEDULE

RULES WHICH ARE ANNULLED

The following Rules of the District Court Rules, 1948 (S.R. & O. 1947 No. 431) namely:—

Rules 28, 38 (2), 55 (1), 55 (2), 55 (3), 56, 57, 59, 61 (1), and 63.

SECOND SCHEDULE

FORMS

General heading to be used for all forms:—

AN CHÚIRT DÚICHE THE DISTRICT COURT

FORM 1 RULE 5 CRIMINAL PROCEDURE ACT, 1967 section 6 (1) (a) STATEMENT OF CHARGES District Court Area of District No. .................................................Prosecutor ...