Amendment to Order 23A

S.I. No. 154 of 2011: District Court (Criminal Law (Insanity) Act 2010) Rules 2011

1. (1) These Rules, which may be cited as the District Court (Criminal Law (Insanity) Act 2010) Rules 2011, shall come into operation on the 28th day of April 2011.

(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2011.

2. The District Court Rules 1997 are amended:

(i) by the substitution for rule 3 of Order 23A of the following rule:

“3. (1) Where the Court makes an order pursuant to section 4(6)(a) of the Act committing an accused person who is unfit to be tried to a specified designated centre for a period of not more than 14 days and directs that the accused person concerned be examined by an approved medical officer at that centre, the warrant of committal and the direction shall be in the Form 23A.2, Schedule B.

(2) Where the Court makes an order pursuant to section 4(6)(a) of the Act directing that an accused person who is unfit to be tried attend a designated centre as an out-patient on such day or days as the court may direct and directs that the accused person concerned be examined by an approved medical officer at that centre, the order and the direction shall be in the Form 23A.2A, Schedule B., and

(ii) by the substitution for rule 7 of Order 23A of the following rule:

“7. Where the Court makes an order pursuant to section 5(2) of the Act committing an accused person who has been found not guilty by reason of insanity to a specified designated centre pending the making of an order under section 13 or section 13A of the Act, the warrant of committal shall be in the Form 23A.9, Schedule B.”

3. (1) The Form 23A.2A in the Schedule shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997) immediately following Form 23A.2.

(2) The Form  23A.323A.423A.5 and 23A.9 in the Schedule shall be substituted for the forms bearing the like numbers respectively in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).