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District Court Rules

Amendment to: Order 17
S.I. No. 33 of 2010: District Court (Criminal Justice (Amendment) Act 2009) Rules 2010


1. These rules may be cited as the District Court (Criminal Justice (Amendment) Act 2009) Rules 2010.

2. These rules shall come into operation on the 1st day of March 2010 and shall be construed together with all other District Court Rules 1997 to 2010.

3. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:

...

      (iii) by the substitution for rule 10 of Order 17 of the following rule:

        “10. (1) An application under paragraph (g) of section 2(2) of the Criminal Justice (Drug Trafficking) Act 1996 by a member of the Garda Síochána not below the rank of Chief Superintendent or under paragraph (h) of section 2(2) of the Criminal Justice (Drug Trafficking) Act 1996 by a member of the Garda Síochána not below the rank of Chief Superintendent for a warrant to further detain a person detained pursuant to that Act shall be by information on oath and in writing and shall be in the Form 17.11 Schedule B. A warrant issued on foot of such information shall be in the Form 17.12, Schedule B.

        (2) An application for a warrant to arrest under section 4 of the Criminal Justice (Drug Trafficking) Act 1996 shall be by the information on oath and in writing in the Form 17.12A Schedule B of a member of the Garda Síochána not below the rank of Superintendent. A warrant issued on foot of such information shall be in the Form 17.12B Schedule B.”;


      (iv) by the insertion immediately following rule 13 of Order 17 of the following rule:

        “14. A certificate for the purposes of paragraph (i) of:
            (a) section 30(4D) of the Offences Against the State Act 1939,

            (b) section 2(7A) of the Criminal Justice (Drug Trafficking) Act 1996 or, as the case may be,

            (c) section 50(9) of the Criminal Justice Act 2007

        shall be in the Form 17.19 Schedule B.”;
....

4. The Forms numbered 17.4, 17.5, 17.6, 17.7, 17.12, 17.14, 17.15, 17.16, 17.18, 31.3 and 31.4 in Schedule 2 are respectively substituted for the Forms bearing the like numbers in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997). The Forms numbered 17.12A and 17.12B in Schedule 2 are added to Schedule B of the District Court Rules 1997 immediately following Form 17.12. The Form numbered 17.19 in Schedule 2 is added to Schedule B of the District Court Rules 1997 immediately following Form 17.18.