District Court Rules.

• Statutory Instrument No.: 09/07

RESOLUTION PASSED BY DÁIL EIREANN ON WEDNESDAY, 21st JULY, 1926.

That the Dáil hereby approves of the District Court Rules made by the Minister for Justice on the 9th day of July, 1926, under Section 91 of the Courts of Justice Act, 1924 (No. 10 of 1924) and resolves that it is expedient that such rules shall come into operation on the 1st day of October, 1926.

RESOLUTION PASSED BY SEANAD EIREANN ON THURSDAY, 22nd JULY, 1926.

That the Seanad hereby approves of the District Court Rules made by the Minister for Justice on the 9th day of July, 1926. under Section 91 of the Courts of Justice Act, 1924 (No. 10 of 1924) with the exception of Rules 20, 24, 36, 95, 171 and 180.

SAORSTAT EIREANN.

I, Caoimhghin O hUigín, Minister for Justice, by virtue of the powers conferred upon me by Section 91 of the Courts of Justice Act, 1924 , and of all other powers enabling me in this behalf, with the approval of the Committee constituted pursuant to the provisions of section 90 of the said Act and with the sanction of the Attorney-General and of the Minister for Finance, do hereby make the annexed District Court Rules.

Dated this 9th day of July, 1926.

(Signed) C. O hUIGIN,

Aire Dli agus Cirt

I sanction the annexed District Court Rules.

Dated this 9th day of July, 1926.

(Signed) SEAGHAN UA COISDEALBHA,

Priomh Aturnae.

I sanction the annexed District Court Rules.

Dated this 9th day of July, 1926.

(Signed) E. DE BLAGHD,

Aire Airgid.

INTRODUCTORY.

Title.

1. These Rules may be cited as "The District Court Rules."

Definitions.

2. In these Rules:—

the expression "Minister" shall mean the Minister for Justice;

the expression "Justice" shall mean a Justice of the District Court;

the expression "Metropolitan District" shall mean District No. 31 of the Districts into which Saorstát Eireann was divided for the purposes of the District Court by order of the Minister dated the 16th day of August, 1924;

the expression "Clerk" shall mean a Clerk of the District Court or officer acting as such, save in the Metropolitan District, when the expression "Clerk" shall mean the Chief Clerk or Officer for the time being acting as such; the expression "cases of summary jurisdiction" shall mean and include those cases (a) in which jurisdiction is conferred upon the District Court by way of vesting or transfer by Section 77, other than paragraphs A and C thereof, and Section 78 of the Courts of Justice Act, 1924 , save in so far as the same sections relate to the grant or renewal of licences for the sale of intoxicating liquors; and (b) in which summary jurisdiction has been or may hereafter be conferred upon a Justice of the District Court by Acts of the Oireachtas;

the expression "civil proceedings" shall mean and include those cases in which jurisdiction is conferred upon the District Court by paragraph A of Section 77 of the Courts of Justice Act, 1924 .

PART I. Cases of Summary Jurisdiction and Preliminary Investigation of Indictable Offences.

Sittings and Court areas.

3. Sittings of the District Court for the preliminary investigation of indictable offences and the hearing and disposal of cases of summary jurisdiction shall be held in the Court Areas and at such times, dates and places as may be prescribed by the Minister under the provisions of the Court Officers Act 1926 . Provided, however, that a Justice may, whenever he sees fit, peremptorily fix and hold a sitting of the District Court for any Court area at a place and at a time other than the place and time so prescribed by the Minister for the purpose of exercising the powers as to the closing of licensed premises conferred upon him by Section 4 of the Intoxicating Liquor (General) Act, 1924 .

Exercise of jurisdiction.

4. The Jurisdiction of a Justice in cases of summary jurisdiction shall be exercised by him within his District as follows:—

(a) In proceedings otherwise than in respect of an offence in the Court Area wherein the Defendant or one of the Defendants ordinarily resides or carries on any profession, business, or occupation.

(b) In offence cases (other than indictable offences) in the Court Area wherein the offence or any of the offences is alleged to have been committed or the Defendant has been arrested or resides.

(c) In cases of indictable offences in any Court Area, irrespective of where the crime is alleged to have been committed or the Defendant has been arrested or resides.

Provided that nothing herein contained shall be construed to limit the powers hereinafter conferred upon a Justice to adjourn a case from one Court Area within his District to another.

Cases to be heard in Court.

5. All cases of summary jurisdiction shall be heard at a sitting of the District Court save cases of drunkenness, vagrancy, fraud in the sale of goods or disputes as to sales in fairs or market, and cases relating to offences against the laws relating to the Revenue which heretofore might have been heard and determined out of Court, which may be heard and determined out of Court. Provided, however, that a Justice may, if he sees fit, hear and determine out of Court any complaint as to any offence when the person charged shall be unable to give bail for his appearance at a sitting of the District Court.

Open court.

6. In all cases of summary jurisdiction the place in which any Justice shall sit to hear and determine any complaint shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them.

Right to exclude public.

7. In all cases of proceedings for indictable offences the place in which any Justice shall sit for the preliminary investigation of any such offence shall not be deemed an open Court, and such Justice may, in his discretion, order that no person save the person conducting the prosecution and the Counsel or Solicitor of the person charged shall have access to or be or remain in such place without the consent or permission of such Justice.

Procedure upon information or complaint being made.

8. Whenever information shall be given to any Justice or Peace Commissioner that any person has committed or is suspected to have committed any treason, felony, misdemeanour or other offence, within the limits of the jurisdiction of such Justice or Peace Commissioner, for which such person shall be punishable either upon indictment or upon summary conviction; or that any person has committed or is suspected to have committed any such crime or offence elsewhere outside the jurisdiction of such Justice or Peace Commissioner, for which proceedings can be legally instituted against him in any place in Saorstát Eireann, and such person is residing or being, or is suspected to reside or to be, or has been arrested within the limits of the jurisdiction of such Justice or Peace Commissioner, or whenever a complaint shall be made to any Justice or Peace Commissioner as to any other matter arising within the limits of the jurisdiction of such Justice or Peace Commissioner upon which he shall have power to make a summary order, such Justice or Peace Commissioner shall receive such information or complaint, and proceed in respect to the same, subject to the following provisions:—

(a) Whenever it is intended that a summons only shall issue to require the attendance of any person, the information or complaint may be made either with or without oath, and either in writing or not, according as the Justice or Peace Commissioner shall see fit; provided always that in such cases the complaint may be made to a Clerk, and such Clerk upon such complaint having been made to him shall issue a summons as hereinafter set out.

(b) But whenever it is intended that a warrant shall issue for the arrest or committal of any person, the information or complaint shall be in writing, and on the oath of the Complainant or of some other credible witness. Such information shall be in accordance with such modification of Form I. in the first part of the first schedule hereto as may be suitable.

Binding over informant.

9. Whenever any such information shall have been taken on oath and in writing that any person has committed or is suspected to have committed any indictable crime or offence, or any offence for which such person shall be punishable upon summary conviction, (and for whose arrest the Justice or Peace Commissioner shall issue a Warrant), the Justice or Peace Commissioner may, if he shall see fit, bind the informant or complainant by recognizance, which shall be in accordance with such modification of Form II. in the first part of the First Schedule hereto as may be suitable, to appear at the Court or place where the Defendant is to be tried or the complaint is to be heard to prosecute or give evidence, as the case may be, against such person.

Defendant entitled to copy of information.

10. In all cases of summary jurisdiction, in which notice of the information is not required by statute to be served on the Defendant, any person against whom any such information or complaint shall have been made in writing shall, upon his being made amenable or appearing in person or by his Solicitor or Counsel, be entitled to receive from the Clerk a copy of such information or complaint, on payment of the prescribed fee, and such Clerk shall in no case allow the original information or complaint to be taken out of his possession save as in Rule 26 (b) hereof is provided.

Method of compelling attendance of person against whom an information or complaint has been received.

11. The manner in which persons against whom any such informations or complaints as aforesaid shall have been received by any Justice or Peace Commissioner or, in cases where it is intended that a summons only should issue, by a Clerk, shall be made to appear to answer to the same shall be subject to the following provisions:—

(a) In all cases of indictable crimes and offences (where an information...