STATUTORY INSTRUMENTS.

S.I. No. 216 of 1999.

DISTRICT COURT (CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998) RULES, 1999.

S.I. No. 216 of 1999.

DISTRICT COURT (CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998) RULES, 1999.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924, section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following Rules of Court:--

1. These Rules may be cited as the District Court (Child Trafficking and Pornography Act 1998) Rules, 1999.

2. These Rules shall come into operation on the 26th day of July 1999 and shall be read together with all other District Court Rules for the time being in force.

3. Order 34 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the addition of the following Rule after Rule 10 thereof:--

Warrant -- Under the Child Trafficking and Pornography Act 1998

No. 22 of 1998

and the said Order 34, as so amended, appears in Schedule 1 hereto.

4. The Forms numbered 34.24 and 34.25 hereafter, shall be added to the Forms in Schedule B to the District Court Rules, 1997 ( S.I. No. 93 of 1997 )

and the said Forms 34.24 and 34.25 appear in Schedule 2 to these Rules.

SCHEDULE 1

Order 34

MISCELLANEOUS SEARCH WARRANTS

Warrant--under the Larceny Act, 1916 (6 & 7 Geo. 5 C.H. 50)

1. (1) An application by a member of the Garda Síochána to a Judge of the District Court for the grant of a warrant pursuant to section 42(1) of the Larceny Act, 1916 may be made at any sitting of the Court for the court district wherein the property is located.

(2) Such application shall be by the information on oath and in writing in the Form 34.1, Schedule B, of the member of the Garda Síochána seeking the grant of the warrant.

(3) A warrant to search for and seize the property, which is granted on foot of such information, shall be in the Form 34.2, Schedule B.

-- under the National Monuments (Amendment) Act, 1987

No. 17 of 1987

2. (1) An application for the issue of a search warrant pursuant to section 22 of the National Monuments (Amendment) Act, 1987 in relation to a place described in that section may be made at any sitting of the Court for the court district wherein such place is located.

(2) Such application shall be by the information on oath and in writing in the Form 34.3, Schedule B, of the member of the Garda Síochána seeking the issue of the warrant.

(3) A search warrant issued on foot of such information shall be in the Form 34.4, Schedule B.

-- under the Prohibition of Incitement to Hatred Act, 1989

( No. 19 of 1989 )

3. (1) An application to a Judge of the District Court for the issue of a warrant pursuant to section 9 of the Prohibition of Incitement to Hatred Act, 1989 may, subject to the provisions of section 9(3) of that Act, be made at any sitting of the Court for the court district wherein the premises or other place in respect of which the warrant is sought is situated.

(2) Such application shall be by the information on oath and in writing in the Form 34.5 or 34.6, Schedule B, as appropriate, of a member of the Garda Síochána not below the rank of sergeant.

(3) A warrant issued on foot of such information shall be in the Form 34.7, or 34.8 Schedule B, as appropriate.

Warrant -- under the Video Recordings Act, 1989

( No. 22 of 1989 )

4. (1) An application to a Judge of the District Court for the issue of a 0.34, r.4 warrant pursuant to section 25 of the Video Recordings Act, 1989 may be made at any sitting of the Court for the Court district wherein the premises or other place in respect of which the warrant is sought is situated.

(2) Such application shall be by the information on oath and in writing in the Form 34.9, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

(3) A warrant issued on foot of such information shall be in the Form 34.10, Schedule B.

-- under the Firearms and Offensive Weapons Act, 1990

5. (1) An application to a Judge of the District Court for the issue of a search warrant pursuant to section 15 of the Firearms and Offensive Weapons Act, 1990 may be made at any sitting of the Court for the court district wherein the premises in respect of which the warrant is sought are situated.

(2) Such application shall be by the information on oath and in writing in the Form 34.11, Schedule B, of the member of the Garda Síochána seeking the issue of the warrant.

(3) A search warrant issued on foot of such information shall be in the Form 34.12, Schedule B.

-- under the Broadcasting Act, 1990

( No. 24 of 1990 )

6. (1) An application for the grant of a search warrant pursuant to section 14 of the Broadcasting Act, 1990 may be made at any sitting of the Court for the court district wherein the place in respect of which the warrant is sought is situated.

(2) Such application shall be by the information on oath and in writing in the Form 34.13, Schedule B, of the member of the Garda Síochána seeking the grant of the warrant.

(3) A warrant granted to the applicant on foot of such information shall be in the Form 34.14, Schedule B.

-- under the Companies Act, 1990

( No. 33 of 1990 )

7. (1) An application for the issue of a warrant pursuant to section 20(1) of the Companies Act, 1990 may be made at any sitting of the Court for the court district wherein the premises in respect of which the warrant is sought are situated.

(2) Such application shall be by the information on oath and in writing in the Form 34.15, Schedule B, laid by an officer authorised by the Minister for Industry and Commerce or laid under the authority of the said Minister.

(3) A warrant issued to a member of the Garda Síochána on foot of such information shall be in the Form 34.16, Schedule B, and shall continue in force until the end of the period of one month after the date on which it is issued.

-- under the Criminal Damage Act, 1991

( No. 31 of 1991 )

8. (1) An application by a member of the Garda Síochána for a search warrant under section 13 of the Criminal Damage Act, 1991 shall be by information on oath and in writing in the Form 34.17, Schedule B, and may be made to the Judge of the District Court for the court district wherein the premises in respect of which the warrant is sought are situated.

(2) A search warrant issued under section 13(2) of that Act by the Judge on foot of such information shall be in the Form 34.18, Schedule B or, where the property concerned is data or where the warrant is issued on a ground referred to in section 13(1)(c) of the Act, Form 34.19, Schedule B.

-- under the Criminal Law (Sexual Offences) Act, 1993

( No. 20 of 1993 )

9. (1) Where the issue of a warrant pursuant to Section 10(2) of the Criminal Law (Sexual Offences) Act, 1993 to search a premises and arrest a person is sought, application therefor may be made at any sitting of the Court for the court district wherein the premises are situated.

(2) Such application shall be by the information on oath and in writing, in the Form 34.20, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

(3) A warrant issued by a Judge to a member of the Garda Síochána on foot of such information shall be in the Form 34.21, Schedule B.

-- under the Criminal Law Amendment Act, 1935

( No. 6 of 1935 )

10. (1) Where the issue of a search warrant pursuant to Section 19 of the Criminal Law Amendment Act, 1935 in respect of premises suspected to be a brothel is sought, application therefor may be made at any sitting of the Court for the district court area wherein the premises concerned are situated.

(2) Such application shall be by the information on oath and in writing, in the Form 34.22, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

(3) A search warrant issued by a Judge of the District Court on foot of such information shall be in the Form 34.23, Schedule B.

Warrant -- under the Child Trafficking and Pornography Act 1998

( No. 22 of 1998 )

11. (1) An application to the District Court for the issue of a warrant pursuant to section 7 of the Child Trafficking and Pornography Act 1998 may be made to the District Court Judge for the District Court District wherein the place in respect of which the warrant is sought is situated.

(2) Such application shall be by the information on oath and in writing in the Form 34.24, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

(3) A warrant issued on foot of such information shall be in the Form 34.25, Schedule B.

SCHEDULE 2

Schedule B

0.34., R 11(2)

No. 34.24

CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998

SECTION 7

INFORMATION FOR ISSUE OF WARRANT

THE INFORMATION of ............................................................ ............................................................ .............................

of............................................................ ............................................................ ............................................................ .......

who says on oath--

I am a member of the Garda Síochána not below the rank of sergeant.

I believe that there are reasonable grounds for suspecting that evidence relating to an offence under Section^*                  of the above-mentioned Act is at a place (within the meaning of Section 7(6) of the said Act) at ............................................................ ................... in the Court (area and) district aforesaid.

The basis for my so believing is as follows--

and I hereby apply for the issue of a warrant under section 7 of the said Act in respect of the said place.

Signed ............................................................ ..........................

Informant

at ............................................................ ...................................

Signed ............................................................ ..........................

Judge of the District Court

Schedule B

O34.r,11(13)

NO. 34.25

CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998

SECTION 7

SEARCH WARRANT

WHEREAS from the information on oath and in writing sworn before me on this day pursuant to section 7 of the above-mentioned Act by ............................................................ .......... of ............................................................ ..........a member of the Garda Síochána not below the rank of sergeant, I AM SATISFIED THAT there are reasonable grounds for suspecting that evidence relating to an offence under section^*         of the said Act is at a place (within the meaning of section 7(6) of the said Act) at ............................................................ ................................... in the court (area and district) aforesaid,

THIS IS TO AUTHORISE ............................................................ ............................................................ .......................... of ............................................................ .............................. a member of the Garda Síochána, accompanied by any other members of the Garda Síochána, and such other persons as may be necessary, at any time or times within 7 days from the date of issue of this warrant, on production if so requested of this warrant, to enter, if need be by reasonable force, and search the said place, that is to say ............................................................ ........................................................... in the court area and district aforesaid, and any persons found there, and to seize anything found there or anything found in the possession of a person present there at the time of the search, which that member reasonably believes to be evidence of or relating to an offence under the above-mentioned Act, and to require any person found there to give that member his or her name and address.

at ............................................................ .......................

Signed ............................................................ ..........................

Judge of the District Court

To the Superintendent of the Garda Síochána

at ............................................................ .......................

GIVEN this 8th day of March, 1999.

John Garavan, Chairman

Gillian M. Hussey

Uinsin Mac Gruairc

John P. Brophy

Sean McMullin

Olive Caulfield

I concur in the making of the foregoing Rules

Dated this 14th day of July, 1999.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules amend Order 34 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) by the inclusion of a Form of Information and Search Warrant under the Child Trafficking and Pornography Act, 1998 .

^*Insert relevant section

^*Insert relevant section