Amendment to Order 28A

S.I. No. 25 of 2008: District Court (Criminal Justice Act 2006) (No. 2) Rules 2008

1. These rules may be cited as the District Court (Criminal Justice Act 2006) (No. 2) Rules 2008.

2. These rules shall come into operation on the 12 day of March 2008 and shall be read together with all other District Court Rules for the time being in force.

3. The District Court Rules 1997 (S.I. No. 93 of 1997) shall be amended by the substitution for rule 8 of Order 28A of the following:

“8. (1) Where the Court convicts a person to whom an order made under section 99(1) of the Act applies, and remands such person in custody or on bail under section 99(9) of the Act, the Court shall make an order in the Form 28A.14. On the making of such order, the Clerk shall send a certified copy of the order by post to the Registrar, County Registrar or Clerk (as the case may be) of the court to which the person so convicted is to be remanded.

(2) Where an order under section 99(9) of the Act is made remanding the convicted person in custody in accordance with sub-rule (1), the Court shall issue a warrant in the Form 28A.15.

(3) Where an order under section 99(9) of the Act is made remanding a convicted person on bail, and the recognisance cannot be entered into immediately, the warrant in the Form 28A.15 shall include the consent to, and conditions of, release in the form of Part B of Form 28A.15.

(4) Where the Court makes an order under section 99(10) of the Act, in respect of a convicted person remanded to appear before it (under section 99(9) of the Act), and remands such person in custody or on bail under section 99(10A) of the Act, the order shall be in the Form 28A.16. On the making of such order, the Clerk shall send a certified copy of the order by post to the Registrar, County Registrar or Clerk (as the case may be) of the court to which such person is to be remanded.

(5) Where an order is made remanding such person in custody under section 99(10A) of the Act, the Court shall issue a warrant in the Form 28A.17.

(6) Where an order is made remanding such person on bail under section 99(10A) of the Act, and the recognisance cannot be entered into immediately, the court warrant in the Form 28A.17 shall include the consent to, and conditions of, release in Part B of  Form 28A.17.

(7) Where the Court makes an order under section 99(17) of the Act revoking an order made under section 99(1) of the Act, the Court shall forthwith issue the appropriate warrant of committal in accordance with Order 25, rule 3, in the Form 25.8, with such modifications, if any, as may be necessary.”

4. The Forms in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).