Practice Directions

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 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 from prisoners detained in prisons outside 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 any day other than a day dedicated to such applications; the same applies to 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 (effective 23rd November, 2015) — these rules must be complied with in future.
7. As required by 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 for a solicitor or other person to swear the affidavit). From 8th February, 2016 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. The affidavit of the applicant must 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:

   1. shall give particulars of whether and, if so, in what other court bail has been refused to the applicant;
   2. shall specify where the applicant is being detained;
   3. shall specify the usual place of abode or address where the applicant normally resides;
   4. shall specify the address at which it is proposed the applicant would reside, if granted bail;
   5. shall provide full particulars of the offence or offences with which the applicant is charged;
   6. shall include the identity, address and occupation of any proposed independent surety and of the amount that such surety may offer;
   7. the terms of bail which were previously fixed in relation to the offences (if any);
   8. whether there had been any previous High Court applications for bail in respect of the offences;
   9. whether any warrants for failure to appear have been issued in relation to the applicant;
   10. what surety and/or other conditions relating to bail (if any) the applicant is proposing;
   11. the personal circumstances of the applicant and in particular whether the applicant was legally aided in relation to the charges in any other court;
   12. 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. 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 Form 1 (appended to the Practice Direction of 10th September, 2014) and the Form 1 must be attached to the motion at the time of filing in the Central Office of the High Court. From Monday, 8th February 2016 onwards the Central Office will not issue or provide a return date unless Form 1 is duly completed and attached.
11. Any supplemental charges sought to be put before the court after filing must be set out in a supplemental Form 1, which must be furnished to the appropriate registrar for inclusion in any order made in respect of those charges.
12. 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 discontinued the lodging of charge sheets as exhibits to the affidavit grounding a Notice of Motion seeking bail. That direction remains in force.
14. Applications for short service of a Notice of Motion seeking bail must be grounded upon an affidavit which complies with order 84, rule 15(3) and also sets forth the facts relied upon to justify short service.

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