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District Court Rules

Amendment to: Order 17
S.I. No. 41 of 2008: District Court (Criminal Justice Act 2007) Rules 2008


1. These rules may be cited as the District Court (Criminal Justice Act 2007) Rules 2008.

2. These rules shall come into operation on the 19 day of March 2008 and shall be read together with all other District Court Rules for the time being in force.

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5. Order 17 of the District Court Rules 1997 (S.I. No. 93 of 1997) is hereby amended—

      (i) by the substitution for rule 4(1) of the following:

        “4. (1) Whenever a person is brought in custody to a Garda Síochána Station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of that person is in force, release that person on bail and for that purpose take from him or her a recognisance in the Form 17.2, Schedule B with or without sureties approved by that member in such sum or sums (if any) as such member shall determine, for his or her due appearance—
            (a) before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or

            (b) in the case of the District Court in the Dublin Metropolitan District before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting.”

      (ii) by the substitution for rule 5 of the following:

        “5. (1) Where the Court issues a warrant for the arrest of a person, the Court may by endorsement on the warrant direct that the person named in the warrant be on arrest released on his or her entering into a recognisance, with or without a surety or sureties, conditioned for his or her appearance before the Court on such date and at such time and place as may be specified in the endorsement, and the endorsement shall fix the amounts (if any) in which the person and his or her surety or sureties (if any) are to be bound and shall specify any other conditions of the recognisance.

        (2) Where such an endorsement is made, the member of the Garda Síochána in charge of the Garda Síochána Station to which on arrest the person named in the warrant is brought shall discharge him or her upon his or her entering into a recognisance in the Form 18.2 Schedule B, with or without surety or sureties, approved by that member and upon the payment of such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court has determined.

        (3) Any moneys paid to a member of the Garda Síochána under this rule shall be deposited by him or her with the District Court clerk for the District Court area where the courthouse at which the arrested person is conditioned to appear is situate.”


      (iii) by the insertion following rule 10 of the following:

        “11. An application under section 50 of the Criminal Justice Act 2007 for a warrant to further detain a person detained pursuant to a direction or warrant under that section shall be by information on oath and in writing in the Form 17.13, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the Form 17.14, Schedule B.

        12. An information on oath for a warrant to arrest a person under Section 51(1) of the Criminal Justice Act 2007 shall be in writing in the Form 17.15, Schedule B by 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 17.16, Schedule B.

        13. An application under section 50 of the Criminal Justice Act 2007 as applied by section 51(3) of that Act for a warrant to further detain a person detained pursuant to a warrant under section 51(1) of that Act shall be by information on oath and in writing in the Form 17.17, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the Form 17.18, Schedule B.”

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10. The Forms in Schedule 1 hereof shall be substituted for the forms bearing the like numbers in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).

11. The Forms in Schedule 2 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).

12. The Forms 17.10, Schedule B and 101.4, 101.5 and 101.6 in Schedule D of the District Court Rules 1997 (S.I. No. 93 of 1997) are hereby deleted.