District Court (Order 24) Rules 2019.

• Statutory Instrument No.: 226/2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” 28th of May, 2019.

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 , section 24 of the Interpretation Act 2005 , and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 3rd day of December 2018.

Rosemary Horgan Chairperson

Brian Sheridan

Conal Gibbons

Anne Watkin

Shane McCarthy

Noel A. Doherty

Michelle Johnston.

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

Dated this 22nd day of May 2019.

CHARLES FLANAGAN

Minister for Justice and Equality

1. (1) These Rules, which shall come into operation on the 19th day of June 2019, may be cited as the District Court (Order 24) Rules 2019.

(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 2019.

2. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended by the substitution for of Order 24 of the Order set out in the Schedule.

Schedule

“Order 24

Proceedings Relating to Indictable Offences

In this Order “the Act” means the Criminal Procedure Act, 1967 (No.12 of 1967) as amended by the Criminal Justice Act 1999 (No. 10 of 1999).

Summary trial of Indictable Offences

*1. Where an accused person is before the Court charged with an indictable offence with which the Court has jurisdiction to deal summarily if the accused does not object, the Judge shall inform the accused of his or her right to be tried by a jury and if the accused, on being informed by the Court of his or her right to be tried with a jury, does not object to being tried summarily, and the Director of Public Prosecutions consents to the accused being tried summarily for such offence, and if, after hearing such facts as may be alleged in support of the charge the Judge is of opinion that they constitute a minor offence fit to be so tried, the Judge shall take the accused’s plea and try him or her summarily.

*Criminal Justice Act 1951 [s. 2(2)(a)] as substituted by section 8 of the Criminal Justice (Miscellaneous Provisions) Act 1997 .

Summary disposal on a plea of guilty - D.P.P. consenting

+ 2. Where an accused person is before the Court charged with an indictable offence with which the Court has jurisdiction to deal summarily if the accused pleads guilty and the Director of Public Prosecutions consents, the Judge, on being satisfied that the accused understands the nature of the offence and the facts alleged, may deal with the case summarily if the accused pleads guilty and the Director so consents.

+Criminal Procedure Act, 1967 [s.13(2)(a)].

Summary trial with consent of D.P.P.

#3. Where an accused person is before the Court charged with an indictable offence requiring the consent of the Director of Public Prosecutions to summary trial, then, on such consent being conveyed to the Court, the Court shall proceed in accordance with the provisions of rule 1 hereof.

#Criminal Procedure Act, 1967 [s.19].

Consent of D.P.P.

@4. The consent of the Director of Public Prosecutions under any provision of this Order may be conveyed in writing signed by the Director or orally by a person prosecuting at the suit of or appearing on behalf of the said Director.

@Criminal Procedure Act, 1967 [s.20].

Sending forward for sentence on a plea of guilty

m5.(1) Where an accused person is before the Court charged with an indictable offence not being an offence mentioned in sub-rule (2), nor an offence being dealt with summarily, and the Court is satisfied that the accused person understands the nature of the offence and the facts alleged, then, if the accused signs a plea of guilty (Form 24.1, Schedule B), and the Director of Public Prosecutions consents, the Judge may by order (Form 24.2, Schedule B) send him or her forward for sentence with that plea to the court to which, if he or she had pleaded not guilty, the accused would lawfully have been sent forward for trial.

(2) Sub-rule (1) does not apply to the following offences:

(a) an offence under the Treason Act 1939 ,

(b) murder, attempt to murder, conspiracy to murder, piracy,

(c) an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006 ,

(d) an offence under the Criminal Justice (United Nations Convention...