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Court: High
Topic: Bail
Category: Criminal

HC63 - Bail applications at Cloverhill Courthouse

Notice and Practice Direction

1. New arrangements for the hearing of bail applications at Cloverhill Courthouse will come into operation from the week beginning 15th February, 2016.

2. Bail applications will no longer be heard on a Monday. Instead bail applications from prisoners who are detained in prisons in the greater Dublin area will be heard on Tuesdays (starting on 16th February, 2016) with the list commencing at 11.00am. There will be a first and second calling of cases in the list but no more than that.

3. Applications for bail from prisoners who are detained in prisons other than in the greater Dublin area will be heard at 11.00am on Thursdays. There will be a first and second calling of cases in the list but no more than that.

4. Should it be necessary, cases not reached on Tuesdays will be heard on Wednesdays.

5. It will not be permissible to adjourn bail applications from prisoners detained in Dublin prisons to other than a day dedicated to such applications and the same will apply in respect of adjournments for non Dublin cases.

6. Practitioners are reminded of the provisions of the Rules of the Superior Courts (Bail Hearings) 2015 S.I. No. 470 of 2015. Those rules came into effect on the 23rd November, 2015 but do not in general appear to have been observed. They must be complied with in future.

7. As is clear from the terms of S.I. 470 of 2015 a notice of motion seeking bail must be grounded on an affidavit sworn by the applicant. It is not sufficient that the affidavit be sworn by a solicitor or any other person. From Monday, 8th February 2016 onwards the Central Office of the High Court will not issue or provide a return date for a notice of motion seeking bail unless it is grounded upon an affidavit sworn by the applicant.

8. As is clear from the provisions of S.I. 470 of 2015 the affidavit of the applicant is required to set forth fully the basis upon which the application is made.

9. Order 84, rule 15(3) sets out the requirements for an affidavit sworn by an applicant seeking bail. It provides as follows:

'The affidavit of the applicant shall set forth fully the basis upon which the application is made to the High Court and in particular:

(a) shall give particulars of whether and, if so, in what other court bail has been refused to the applicant;

(b) shall specify where the applicant is being detained;

(c) shall specify the usual place of abode or address where the applicant normally resides;

(d) shall specify the address at which it is proposed the applicant would reside, if granted bail;

(e) shall provide full particulars of the offence or offences with which the applicant is charged;

(f) shall include the identity, address and occupation of any proposed independent surety and of the amount that such surety may offer;

(g) the terms of bail which were previously fixed in relation to the offences (if any);

(h) whether there had been any previous High Court applications for bail in respect of the offences;

(i)whether any warrants for failure to appear have been issued in relation to the applicant;

(j) what surety and/or other conditions relating to bail (if any) the applicant is proposing;

(k) the personal circumstances of the applicant and in particular whether the applicant was legally aided in relation to the charges in any other court;

(l) any other relevant circumstances.'

From Monday, 8th February 2016 onwards the Central Office of the High Court will not issue or provide a return date for a notice of motion seeking bail unless the affidavit of the applicant grounding it complies with these requirements. The prescribed information must be provided in the affidavit in the order set forth in subparagraphs (a) through (l) aforesaid.

10. As is already provided for in the practice direction dated 10th September, 2014 a notice of motion issued pursuant to Order 84, rule 15(1) whereby an applicant in custody seeks bail must include specifically the numbers of the charge sheets in respect of which bail is sought. This information must be set out in the  form 1 appended to that practice direction and must include such other information as is provided for therein. The form 1 must be attached to the said motion at the time of filing in the Central Office of the High Court. From Monday, 8th February 2016 onwards the Central Office of the High Court will not issue or provide a return date for a notice of motion seeking bail unless form 1 duly completed is attached to it.

11. As is already provided for in the practice direction of 10th September, 2014 any supplemental charges sought to be put before the court subsequent to the filing or issuing of the said motion must be set out in a supplemental form 1, which said form must be furnished to the appropriate registrar for inclusion in any order made in respect of those charges.

12. As is already provided for in the practice direction of 10th September, 2014 the order of the court shall recite only those charges recited on a form 1 and supplemental form 1.

13. The practice direction of 10th September, 2014 directed the discontinuance of the lodging of charge sheets by way of exhibits to the affidavit grounding a notice of motion seeking bail.  That direction continues in force.

14. Applications for short service of a notice of motion seeking bail must be grounded upon an affidavit which complies with the provisions of Order 84, rule 15(3) and in addition sets forth the facts which are relied upon to justify short service of the notice of motion.

Dated the 28th day of January, 2016.
Peter Kelly,
President of the High Court