Amendment to Order 18
S.I. No. 260 of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
1. These rules may be cited as the District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010.
2. These rules shall come into operation on the 1st day of July 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:
(ii) by the substitution for sub-rules (3), (4) and (5) of rule 5 of Order 18 of the following sub-rules:
“(3) Where the Court decides to admit a person to bail with one or more sureties it may direct that a sum of money equivalent to the amount of bail be accepted in lieu of such surety or sureties. Such sum is additional to any amount specified in accordance with rule 1. Where under the Criminal Procedure Act 1967 or the Bail Act 1997 any moneys are required to be paid into Court under a recognisance by a person in custody, or by any surety or sureties as a condition of that recognisance, or any security accepted in the court in lieu of such payment is required to be lodged in Court, such moneys so payable or such security so accepted by the Court may be paid into Court or lodged in Court in accordance with section 5(5) of the Bail Act 1997 by payment to or lodgment with:
(a) a Judge of the District Court,
(b) a District Court Clerk,
(c) a peace commissioner designated for that purpose by order of the Minister for Justice and Law Reform,
(d) the Governor of a prison, or
(e) a prison officer designated for that purpose by the Governor of a prison in accordance with section 22(3) of the Criminal Procedure Act 1967,
taking the recognisance of that person or surety for and on behalf of the District Court Clerk for the District Court Area in which the order admitting to bail was made.
(4) On lodgment of the required sums or security with—
(a) the Clerk of the court area in which the order admitting to bail was made, or
(b) a person mentioned in sub-rule (3) with whom such lodgment is deemed to be a payment into court,
and on completion of the recognisance in the Form 18.1, 18.2, 18.2A, 18.2B or 18.3 as appropriate, the person shall be released if he or she is in custody for no other cause than the offence in respect of which bail is granted.
(5) The Clerk or person mentioned in sub-rule (3) receiving such moneys shall issue a receipt for each lodgment and shall complete the certificate of such lodgment on the recognisance.”;
(iii) by the substitution for rules 7, 8 and 9 of Order 18 of the following rules:
“7. A person mentioned in rule 5(3) shall deposit any money received by him in accordance with rule 5 with the Clerk of the court area in which is situate the Court before which such person is to appear.
8. Where the recognisance is conditioned for the appearance of such person before a Court other than a sitting of the District Court the money shall be deposited by the Clerk or person mentioned in rule 5(3) receiving it with the appropriate County Registrar or the appropriate officer of the Central Criminal Court or the Special Criminal Court as the case may be.
9. The Clerk or person mentioned in rule 5(3), as the case may be, shall give a receipt for the money lodged to the party entering into the recognisance.”;
4. The Forms numbered 16.2, 18.2A, 18.2B, 27.9, 27.12, 28A.14, 28A.15 and 28A.16 in the Schedule 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 Form numbered 27.6B is deleted from Schedule B of the District Court Rules 1997.