S.I. No. 194/2001 -- District Court (Criminal Justice) Rules, 2001
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STATUTORY INSTRUMENTS. | ||||||||
DISTRICT COURT (CRIMINAL JUSTICE) RULES, 2001. | ||||||||
DISTRICT COURT (CRIMINAL JUSTICE) RULES, 2001. | ||||||||
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 (Criminal Justice) Rules, 2001. 2. These Rules shall come into operation on the 1st day of October, 2001 and shall be read together with all other District Court Rules for the time being in force. 3. Order 14 of the District Court Rules, 1997 ( S.I. No.93 of 1997 ) is hereby amended— | ||||||||
(a) by the substitution of the following rule for rule 1: | ||||||||
1. Save where otherwise provided by law, the place in which the Court shall sit for hearing summary proceedings and for the conduct of proceedings under Part 1A of the Criminal Procedure Act, 1967 shall be deemed an open Court to which, subject to the provisions hereinafter contained, the public generally may have access so far as the same can conveniently accommodate them. | ||||||||
(b) by the substitution of the following rule for rule 3: | ||||||||
“3. During the conduct of proceedings under Part 1A of the Criminal Procedure Act, 1967 where the Court is satisfied, that, because of the nature or circumstances of the case or otherwise in the interests of justice it is desirable to do or in proceedings relating to applications under section 2(1) of the Bail Act, 1997 the Court may, subject to Rule 4, exclude the public or any particular portion of the public or any particular person or persons, except bona fide representatives of the Press, from the Court during the proceedings. | ||||||||
(c) by the substitution of the following rule for rule 5: | ||||||||
“5. (1) No person shall publish or cause to be published any information about a proceeding under Part 1A of the Criminal Procedure Act, 1967 other than a statement of the fact that the proceeding has been brought by a named person in relation to a specified charge against a named person and any decision resulting from the proceeding. | ||||||||
(2) In proceedings under section 2(1) of the Bail Act 1997 no information relating to the criminal record of the person applying for bail shall be published in a written publication available to the public or be broadcast. | ||||||||
(d) by the substitution of the following Rule for Rule 6: | ||||||||
6. A certificate pursuant to Section 4J(2) of the Criminal Procedure Act 1967 , shall be in accordance with Form 14.1, Schedule B. | ||||||||
and the said order 14 as so amended appears in Schedule I to these Rules; | ||||||||
(e) by the substitution for the Form 14.1, Schedule B of the Form of the same number in Schedule 2 to these Rules. 4. Order 17 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended— | ||||||||
(a) by the substitution of the following Rules for Rule 5: | ||||||||
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(b) the addition of the following Rule after Rule 8 thereof: | ||||||||
9. (1) An application for a warrant to arrest a prisoner under Section 42 of the Criminal Justice Act, 1999 shall be by the information on oath and in writing in the Form 17.8, Schedule B by a member of the Garda Síochána not below the rank of superintendent. | ||||||||
(2) A warrant issued on foot of such information shall be in the Form 17.9, Schedule B.” | ||||||||
and the said Order 17 as so amended appears in Schedule 3 to these Rules; | ||||||||
(c) the Forms numbered 17.8, 17.9 and 17.10 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 17.8, 17.9 and 17.10 appear in Schedule 4 to these Rules. 5. Order 18 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended— | ||||||||
(a) by the substitution of the following rule for rule 3: | ||||||||
3. Before taking a recognisance the court shall in every case satisfy itself as to the sufficiency and suitability of any person proposed to be accepted as a surety for the purpose of bail. | ||||||||
(b) by the substitution of the following rules for rules for rules 5 and 6: | ||||||||
5. (1) Where a court admits a person who is in custody to bail the person shall not be released until— | ||||||||
(a) an amount equal to one third, or | ||||||||
(b) such greater amount as the court may determine, | ||||||||
of any recognisance entered into by a person in connection therewith has been paid into court. | ||||||||
(2) (a) Where the court admits a person to bail, the court may, in lieu of the payment of moneys into court by the person or, where a surety or sureties are required by the court, by his or her sureties, accept as security such instrument which is evidence of the title of a person to property (other than land or any estate, right or interest in or over land) as it considers adequate. | ||||||||
(b) Where a bank, building society, credit union or post office deposit book is accepted as security by a court the court shall make an order directing the bank, building society or credit union concerned or An Post as the case may be, not to permit the moneys on deposit to be reduced below— | ||||||||
(i) an amount equal to the amount required to be paid into court, or | ||||||||
(ii) the amount then on deposit | ||||||||
whichever is the lesser. | ||||||||
(c) An Order made under section 5(2)(b) of the Bail Act, 1997 shall be in the Form 18.9 and shall be served by the Clerk on the relevant bank, building society, credit union or An Post by prepaid ordinary post. | ||||||||
(d) Where the court makes an order as aforesaid the instrument shall be held in the custody of the district court clerk until the order is discharged. | ||||||||
(3) Where a 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 he accepted in lieu of such surety or sureties. Such sum is additional to the amount specified in Rule 5(2). | ||||||||
(4) On lodgement of the required sums or security with— | ||||||||
(a) the clerk of the court area in which the order admitting to bail was made, | ||||||||
(b) or the Governor of the prison wherein the accused is in custody, | ||||||||
and on completion of the recognisance in the (Form 18.1, 18.2 or 18.3) 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 Governor receiving such moneys shall issue a receipt for each lodgement and shall complete the certificate of such lodgement on the recognisance. | ||||||||
6. The Court shall direct that a copy of the ecognisance containing the conditions of the recognisance be given to the accused person and to any surety or sureties. | ||||||||
(c) the substitution of the following Rule for Rule 10: | ||||||||
10. Where a person charged with an offence is admitted to bail by a court and— | ||||||||
(a) he or she is discharged in relation to that offence pursuant to section 8(5) of the Act of 1967 or otherwise, | ||||||||
(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or | ||||||||
(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty, | ||||||||
and if the conditions of the recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order that the amount of any recognisance paid into court by any person in connection therewith shall be repaid to the person and shall discharge any order made under section 5(2) of the Bail Act, 1997 and release any security accepted by the court under that subsection. | ||||||||
(2) Where the Court makes an order discharging a direction under section 5(2)(b) the clerk shall serve a copy of said order in the Form 18.10 by prepaid ordinary post on the relevant bank, building society or credit union or An Post.” | ||||||||
and the said Order 18 as so amended appears in Schedule 5 to these Rules; | ||||||||
(d) by the substitution for Forms No. 18.1, 18.2, 18.3, 18.4, 18.6 and 18.8 Schedule B of the Forms of the same number in Schedule 6 to these Rules; | ||||||||
(e) by the addition to Schedule B of the Forms 18.9 and 18.10 in Schedule 6 to these Rules. 6. Order 19 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended— | ||||||||
(a) by the substitution of the following Rule for Rule 6(3): | ||||||||
Where, under the powers conferred by subsection (3) of section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 , the alternative court remands a person for the purpose of the trial of that person to a sitting of the court in the District Court District— | ||||||||
(i) in which the offence to which the trial relates was committed, | ||||||||
or | ||||||||
(ii) in which the person resides or was arrested, | ||||||||
the warrant shall be in accordance with Form 19.1, Schedule B. | ||||||||
and the said Order 19 as so amended appears in Schedule 7 to these Rules; | ||||||||
(b) the substitution of the Forms 19.1 and 19.2 in Schedule 8 to these Rules for the Forms of the same No. in Schedule B. 7. The District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended— | ||||||||
(a) by the substitution for Order 20 of the revised Order 20 as set out in Schedule 9 to these Rules; | ||||||||
(b) by the substitution for Forms 20.1 to 20.5 in Schedule B of the Forms numbered 20.1 to 20.7 in Schedule 10 to these Rules. 8. The District Court Rules ( S.I. No. 93 of 1997 ) is hereby amended— | ||||||||
(a) by the substitution for Order 24 of the revised Order 24 as set out in Schedule 11 to these Rules; | ||||||||
(b) the substitution for Forms numbered, 24.1 to 24.37 in Schedule B of the Forms numbered 24.1 to 24.20 in Schedule 12 to these Rules. 9. Order 26 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the substitution for Form 26.1, Schedule B of the Form of the same No. in Schedule 13 to these Rules. 10. Order 27 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended— | ||||||||
(a) by the addition of the following Rules after Rule 7: | ||||||||
PROCEDURE UNDER BAIL ACT, 1997 | ||||||||
8. (a) Where an accused person who is admitted to bail on his or her entering into a recognisance with or without a surety or sureties conditioned for his or her appearance before a specified court on a specified date and at a specified time and place fails to appear in accordance with his or her recognisance and the court issues a warrant for the arrest of the person, the court shall order the recognisance of the person and of any surety or sureties to be estreated and shall order the forfeiture of the amount paid into court by the accused person and any surety or sureties. | ||||||||
(b) Where a person is brought before a court pursuant to section 9(6) and the court is satisfied that the person has contravened a condition of his or her recognisance, the court shall order the recognisance of the person and of any surety or sureties to be estreated and the moneys paid into court by the accused person and any surety or sureties or any part thereof to be forfeited. | ||||||||
(c) Notice of the order in the Form 27.9, Schedule B shall be served on the accused and on any surety or sureties by prepaid ordinary post. | ||||||||
9. (a) An application to vary or discharge an estreatment or forfeiture order made under section 9(1) or 9(7) may be made within 21 days of the making of the order (Form 27.10, Schedule B). Notice of the application shall be served on the prosecutor by prepaid ordinary post at least seven days before the hearing of the application. | ||||||||
(b) An order varying or discharging an estreatment of forfeiture order shall be in the Form 27.11, Schedule B. | ||||||||
10. Orders for estreatment made under this Act shall be enforced in accordance with Rule 6 of this Order. | ||||||||
and the said Order 27 as so amended appears in Schedule 14 to these Rules; | ||||||||
(b) by the addition to Schedule B of the Forms 27.9 to 27.11 in Schedule 15 to these Rules. | ||||||||
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SCHEDULE 1 ORDER 14 | ||||||||
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ADMISSION TO COURT AND PUBLICATION OF PROCEEDINGS | ||||||||
| O.14, r.1 Proceedings to be in open Court | * 1. Save where otherwise provided by law, the place in which the Court shall sit for hearing summary proceedings and for the conduct of proceedings under Part 1A of the Criminal Procedure Act, 1967 shall be deemed an open Court to which, subject to the provisions hereinafter contained, the public generally may have access so far as the same can conveniently accommodate them. | |||||||
| Power to exclude public | † 2. In any criminal proceedings for an offence which is, in the opinion of the Court, of an indecent or obscene nature, the Court may, subject to rule 4 hereof, exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons as the Court may in its discretion permit to remain. | |||||||
‡ 3. During the conduct of proceedings under Part 1A of the Criminal Procedure Act, 1967 where the Court is satisfied, that, because of the nature or circumstances of the case or otherwise in the interests of justice it is desirable to do so, or in proceedings relating to applications under section 2(1) of the Bail Act, 1997 the Court may, subject to Rule 4, exclude the public or any particular portion of the public or any particular person or persons, except bona fide representatives of the Press, from the Court during the proceedings. | ||||||||
(a) where the accused is a person under the age of twenty-one years, or | ||||||||
(b) where the offence is of an indecent or obscene nature and the person with or against whom it is alleged to have been committed is under that age or is a female, | ||||||||
| O.14, r.4 | a parent or other relative or friend of that person shall be entitled to remain in Court during the whole of the hearing. | |||||||
| Prohibition of publication of proceedings | ¶ 5. (1) No person shall publish or cause to be published any information about a proceeding under Part 1A of the Criminal Procedure Act, 1967 other than a statement of the fact that the proceeding has been brought by a named person in relation to a specified charge against a named person and any decision resulting from the proceeding. | |||||||
# (2) In proceedings under section 2(1) of the Bail Act, 1997 no information relating to the criminal record of the person applying for bail shall be published in a written publication available to the public or be broadcast. | ||||||||
| Form of certificate | 6. A certificate pursuant to Section 4J(2) of the Criminal Procedure Act, 1967 , shall be in accordance with Form 14.1, Schedule B. | |||||||
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SCHEDULE 2 | ||||||||
SCHEDULE B O.14, r.6 | ||||||||
No. 14.1 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4J(2) | ||||||||
CERTIFICATE TO THE HIGH COURT | ||||||||
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............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
An application having been made this day to me, by the Director of Public Prosecution pursuant to section 4J(2) of the Criminal Procedure Act, 1967 , AND IT APPEARING to me that ............................................................ ............................................... | ||||||||
of ............................................................ ............................................................ ............................................ has contravened | ||||||||
section 4J(1) of that Act by publishing or causing to be published the following information in relation to proceedings being brought against the accused under Part 1A of the Act— | ||||||||
I HEREBY so certify that the publication of such information contravened section 4J(1) of the Act. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the High Court | ||||||||
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SCHEDULE 3 ORDER 17 | ||||||||
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PROCEDURE ON ARREST | ||||||||
| O.17, r. 1 Particulars to be set out in charge sheet | 1. (1) Whenever a person is arrested and brought to a Garda Síochána Station, and is being charged with an offence, or where an offence is alleged against a person who is already on remand to the Court and a summons in respect of the offence is not issued, particulars of the offence alleged against that person shall be set out on a charge sheet Form 17.1, Schedule B. | |||||||
(2) When particulars of any offence are set out on a charge sheet in accordance with this rule, a copy of the particulars shall be furnished as soon as may be to the person against whom the offence is alleged. | ||||||||
(3) A charge sheet to which this rule applies shall be lodged as soon as possible with the Clerk for the court area in which the case is to be heard. | ||||||||
| Person to be brought before a Judge as soon as practicable | 2. (1) A person arrested pursuant to a warrant shall on arrest be brought before a Judge having jurisdiction to deal with the offence concerned as soon as practicable. | |||||||
(2) A person arrested without warrant shall, on being charged with an offence, be brought before a Judge having jurisdiction to deal with the offence as soon as practicable. | ||||||||
* 3. Where a person is arrested pursuant to a warrant later than the hour of 5 o'clock on any evening or, having been arrested without warrant, is charged after that hour and a Judge of the District Court is due to sit in the District Court District in which the person was arrested not later than noon on the following day, it shall be sufficient compliance with subsection (1) or (2) of section 15 of the Criminal Justice Act, 1951 , as substituted by section 26 of the Criminal Justice Act, 1984 and as amended by section 18 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 , as the case may be, if that person is brought before a Judge of the District Court sitting in that District Court District at the commencement of the sitting. | ||||||||
| Release on bail in certain cases by members of Garda Síochána | † 4. (1) Whenever a person is brought in custody to a Garda Síochána Station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of that person is in force, release that person on bail and for that purpose take from him or her a recognisance in the Form 17.2, Schedule B with or without sureties approved by that member and in such sum or sums as such member shall determine, for his or her due appearance— | |||||||
(a) before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or | ||||||||
(b) in the case of the District Court in the Dublin Metropolitan District, before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting. | ||||||||
(2) A sum of money equivalent to the amount of bail may be accepted in lieu of a surety or sureties. In such cases the recognisance (Form 17.3 Schedule B) and the money shall be deposited by the member of the Garda Síochána receiving it with the Clerk of the Court before which the person is bound by the recognisance to appear. | ||||||||
(3) The recognisance may be estreated in the like manner as a recognisance entered into before a Judge is estreated. | ||||||||
(4) This rule does not apply to a person arrested under section 251 of the Defence Act, 1954 , on suspicion of being a deserter or an absentee without leave from the Defence Forces. | ||||||||
(5) A recognisance taken under this rule shall be transmitted to the Clerk of the Court before which the person is bound by the recognisance to appear. | ||||||||
| Endorsement on warrants as to release on bail | * 5. (1) Where the Court issues a warrant for the arrest of a person, the Court may by endorsement on the warrant direct that the person named in the warrant be on arrest released on his or her entering into a recognizance, with or without a surety or sureties, conditioned for his or her appearance before the Court on such date and at such time and place as may be specified in the endorsement, and the endorsement shall fix the amounts in which the person and his or her surety or sureties (if any) are to be bound and shall specify any other conditions of the recognizance. | |||||||
(2) Where such an endorsement is made, the member of the Garda Síochána an charge of the Garda Síochána Station to which on arrest the person named in the warrant is brought shall discharge him or her upon his or her entering into a recognizance in the Form 17.10 Schedule B, with or without surety or sureties, approved by that member and upon the payment of— | ||||||||
(a) an amount equal to one third, or | ||||||||
(b) such greater amount as the Court may determine, | ||||||||
of any recognizance entered into by a person. | ||||||||
(3) Any moneys paid to a member of the Garda Síochána under this Rule shall be deposited by him or her with the district court clerk for the district court area in which the Garda Síochána Station is situate. | ||||||||
6. A recognisance of an accused and of the sureties, if any, under this Order may be taken on any day and at any time. | ||||||||
| Application for warrant under Offences against the State Act | 7. (1) An application under Section 30(4) of the Offences against the State Act, 1939 for a warrant to further detain a person detained pursuant to Section 30(3) of the Act shall be in the Form 17.4 Schedule B by a member of the Garda Síochána not below the rank of Superintendent. | |||||||
(2) A warrant issued of foot on such information shall be in the Form 17.5 Schedule B. | ||||||||
8. (1) An application for a warrant to arrest under Section 30A(1) of the Offences against the State Act, 1939 shall be by the information on oath and in writing in the Form 17.6 Schedule B of a member of the Garda Síochána not below the rank of Superintendent. | ||||||||
(2) A warrant issued on foot of such information shall be in the Form 17.7 Schedule B. | ||||||||
| Application for warrant under Criminal Justice Act, 1999 | 9. (1) An application for a warrant to arrest a prisoner under Section 42 of the Criminal Justice Act, 1999 shall be by the information on oath and in writing in the Form 17.8 Schedule B by a member of the Garda Síochána not below the rank of Superintendent. | |||||||
(2) A warrant issued on foot of such information shall be in the Form 17.9 Schedule B. | ||||||||
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SCHEDULE 4 | ||||||||
SCHEDULE B. O.17, r.5 (2) | ||||||||
No. 17.10 | ||||||||
RECOGNISANCE | ||||||||
BAIL ACT, 1997 | ||||||||
Section 8(1) | ||||||||
DUBLIN METROPOLITAN DISTRICT | ||||||||
D.P.P. AT THE SUIT OF ............................................................ ........................................................ Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
We/I ............................................................ .................. of ............................................................ ..................... Accused | ||||||||
and ............................................................ .................... of ............................................................ ..................... Surety | ||||||||
and ............................................................ .................... of ............................................................ ..................... Surety | ||||||||
(severally) acknowledge myself/ourselves to owe the State the several sums following, that is to say | ||||||||
the said ............................................................ ...................................... the sum of £/€ ............................................ and | ||||||||
the said ............................................................ ...................................... the sum of £/€ ............................................ and | ||||||||
the said ............................................................ ...................................... the sum of £/€ ............................................ | ||||||||
to the use of the Minister for Finance and pursuant to the direction of the Judge I/we hereby lodged the following sums | ||||||||
the said ............................................................ ...................................... the sum of £/€ ............................................ and | ||||||||
* the said ............................................................ .................................... the sum of £/€ ............................................ and | ||||||||
* the said ............................................................ .................................... the sum of £/€ ............................................ | ||||||||
or | ||||||||
AND in lieu of surety/sureties I have pursuant to the direction of the Judge lodged the sum of £/€........................................ | ||||||||
And we further acknowledge that the said sums are liable to be forfeited to the said Minister if the above named accused fails in any of the conditions set out hereunder. | ||||||||
Signed .................................................... Accused | ||||||||
.................................................... Surety | ||||||||
.................................................... Surety | ||||||||
Acknowledged before me this .................. day of ............................................................ ............................................. 2000. | ||||||||
Signed ............................................................ ... | ||||||||
Member of Garda Síochána | ||||||||
CONDITIONS OF BAIL BOND | ||||||||
The conditions of this recognisance are that the above named accused will appear before the District Court to be held at.......... | ||||||||
on the ....................................... day of ............................................................ .... 2000 at ........................................ am/pm | ||||||||
and at every place and time which during the course of the proceedings the hearings may be adjourned until the accused presence is no longer required to answer the charge(s) as set out on the following charge sheet(s). | ||||||||
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SCHEDULE 5 ORDER 18 | ||||||||
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PROCEDURE ON ADMITTING TO BAIL | ||||||||
| O.18, r.1 Admission to bail | * 1. Subject to rule 2 hereof a Judge shall admit to bail a person charged before him or her with an offence if it appears to that Judge to be a case in which bail ought to be allowed and if such person is to be granted bail it shall be in the discretion of the Judge to determine the amount of bail and whether the bail shall be with or without a surety or sureties and the amount in which each surety shall be bound. | |||||||
| Bail in cases of treason, murder, and certain other offences | † 2. A person charged with any of the following offences shall not be admitted to bail except by order of the High Court: | |||||||
(a) treason, | ||||||||
(b) an offence under section 2 and 3 of the Treason Act, 1939 , | ||||||||
(c) an offence under section 6, 7 and 8 of the Offences Against the State Act, 1939 , | ||||||||
(d) a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962 , | ||||||||
(e) an offence under section 9 of the Official Secrets Act, 1963 or an offence under Part II of that Act committed in a manner prejudicial to the safety or preservation of the State, | ||||||||
(f) murder, attempt to murder, conspiracy to murder or piracy, including an accessory before or after the fact, | ||||||||
(g) an offence under section 7 of the Genocide Act, 1973 , | ||||||||
(h) an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000 . | ||||||||
3. Before taking a recognisance the court shall in every case satisfy itself as to the sufficiency and suitability of any person proposed to be accepted as a surety for the purpose of bail. | ||||||||
‡ 4. Refusal of bail at a particular appearance before the Court shall not prevent a renewal of the application for bail at a subsequent appearance or while the accused is in custody awaiting trial. | ||||||||
§ 5. (1) Where a court admits a person who is in custody to bail the person shall not be released until— | ||||||||
(a) an amount equal to one third, or | ||||||||
(b) such greater amount as the court may determine, | ||||||||
of any recognisance entered into by a person in connection therewith has been paid into court. | ||||||||
| Security in Lieu of moneys | (2) (a) Where the court admits a person to bail, the court may, in lieu of the payment of moneys into court by the person or, where a surety or sureties are required by the court, by his or her sureties, accept as security such instrument which is evidence of the title of a person to property (other than land or any estate, right or interest in or over land) as it considers adequate. | |||||||
| Order section 5(2)(b) | (b) Where a bank, building society, credit union or post office deposit book is accepted as security by a court the court shall make an order directing the bank, building society or credit union concerned or An Post as the case may be, not to permit the moneys on deposit to be reduced below— | |||||||
(i) an amount equal to the amount required to be paid into court, or | ||||||||
(ii) the amount then on deposit | ||||||||
whichever is the lesser. | ||||||||
(c) An Order made under section 5(2)(b) of the Bail Act, 1997 shall be in the Form 18.9 and shall be served by the Clerk on the relevant bank, building society, credit union or An Post by prepaid ordinary post. | ||||||||
(d) Where the court makes an order as aforesaid the instrument shall be held in the custody of the district court clerk until the order is discharged. | ||||||||
(3) Where a 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 he accepted in lieu of such surety or sureties. Such sum is additional to the amount specified in Rule 5(2). | ||||||||
(4) On lodgement of the required sums or security with— | ||||||||
(a) the clerk of the court area in which the order admitting to bail was made, | ||||||||
(b) or the Governor of the prison wherein the accused is in custody, | ||||||||
and on completion of the recognisance in the (Form 18.1, 18.2 or 18.3) 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 Governor receiving such moneys shall issue a receipt for each lodgement and shall complete the certificate of such lodgement on the recognisance. | ||||||||
¶ 6. The Court shall direct that a copy of the recognisance containing the conditions of the recognisance be given to the accused person and to any surety or sureties. | ||||||||
7. Any such money received shall be deposited by the Governor receiving it 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 Governor 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 Governor, as the case may be, shall give a receipt for the money lodged to the party entering into the recognisance. | ||||||||
| Repayment of moneys lodged | 10. Where a person charged with an offence is admitted to bail by a court and— | |||||||
(a) he or she is discharged in relation to that offence pursuant to section 8(5) of the Act of 1967 or otherwise, | ||||||||
(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or | ||||||||
(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty, | ||||||||
and if the conditions of the recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order (Form 18.6) that the amount of any recognisance paid into court by any person in connection therewith shall be repaid to the person and shall discharge any order made under section 5(2) of the Bail Act, 1997 and release any security accepted by the court under that subsection. | ||||||||
(2) Where the Court makes an order discharging a direction under section 5(2)(b) the clerk shall serve a copy of said order in the Form 18.10 by prepaid ordinary post on the relevant bank, building society or credit union or An Post. | ||||||||
| Consent to bail committal warrant | 11. Where the recognisance is not perfected forthwith the Judge may certify on the committal warrant a consent to such person being bailed, stating the amount of bail required. | |||||||
| Where person committed to prison without bail — bail may subsequently be granted | 12. Where on remand or on sending forward for trial or sentence a person is committed to prison without bail the Judge may, at any time prior to the day of the adjourned hearing or the first day of the sittings of the Court to which such person has been sent forward for trial or sentence, determine that such person be admitted to bail, and may body warrant (Form 18.7 Schedule B) cause such person be brought before him or her for the purpose of being admitted to bail, or by certificate (Form 18.8 Schedule B signify to the governor of the prison his or her consent bail, stating the amount of bail required. | |||||||
| Peace Commissioner may admit to bail in prison | 13. Where a certificate of consent to bail is granted, a Peace Commissioner at the prison or other place wherein the person is in custody shall, on production of the certificate, admit such person to bail as directed by the certificate, at any time before the day of the adjourned hearing if such person is on remand or before the first day of the sittings of the Court before which such person is to be tried or sentenced if he or she has been sent forward for trial or sentence. | |||||||
| Taking recognisance of sureties unable to attend | 14. Whenever it is not convenient for a surety to attend at the prison wherein the person is in custody to join with that person in the recognisance then a Judge or Peace Commissioner having jurisdiction in the place where the proposed surety resides may take the recognisance and shall then cause it to be forwarded to the Clerk of the court area wherein the order committing the person was made. Such Clerk shall transmit the recognisance of the surety to the Governor of the prison wherein the person is in custody and thereupon a Peace Commissioner attending at such prison may (upon production of the recognisance already taken from the surety) take the recognisance of such person and admit him or her to bail. | |||||||
| Governor to release person on completion of recognisance | 15. Where a Peace Commissioner at a prison admits to bail a person there in custody, and in respect of whom a certificate of consent to bail has been granted, the Governor shall thereupon release such person unless he or she is in custody for a cause other than the offence in respect of which bail is granted. | |||||||
| Transmitting recognisance to Clerk | 16. A recognisance taken by a Peace Commissioner shall be transmitted to the Clerk of the Court before which the person is bound by the recognisance to appear. | |||||||
| Provisions to apply to witness | 17. The provisions of this Order shall, with any necessary adaptations, apply to a witness who is granted bail or is remanded in custody with or without consent to bail. | |||||||
| May be taken at any time | 18. A recognisance of an accused and of the sureties if any, under this Order may be taken on any day and at any time. | |||||||
|
SCHEDULE 6 | ||||||||
SCHDULE B O.18, r5(4) | ||||||||
No. 18.1 | ||||||||
RECOGNISANCE | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 23 | ||||||||
and | ||||||||
BAIL ACT, 1997 | ||||||||
Sections 5 and 6 | ||||||||
D.P.P. AT THE SUIT OF ............................................................ ........................................................ Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
We ............................................................ .................. of ............................................................ ..................... | ||||||||
and ............................................................ .................... of ............................................................ ..................... Surety | ||||||||
and ............................................................ .................... of ............................................................ ..................... Surety | ||||||||
(severally) acknowledge myself/ourselves to owe the State the several sums following, that is to say | ||||||||
the said ............................................................ ...................................... the sum of £/€ ............................................ and | ||||||||
the said ............................................................ ...................................... the sum of £/€ ............................................ and | ||||||||
the said ............................................................ ...................................... the sum of £/€ ............................................ | ||||||||
to the use of the Minister for Finance and pursuant to the direction of the Judge we hereby lodged the following sums | ||||||||
the said ............................................................ ...................................... the sum of £/€ ............................................ and | ||||||||
the said ............................................................ .................................... the sum of £/€ ............................................ and | ||||||||
the said ............................................................ .................................... the sum of £/€ ............................................ | ||||||||
or | ||||||||
In lieu of the lodgement of cash in the sum of £/€ ............................................................ ................................................... | ||||||||
the Court has accepted the following instrument as ............................................................ ....................................security | ||||||||
from the said ............................................................ ............................................................ ............................................ | ||||||||
In lieu of the lodgement of cash in the sum of £/€ ............................................................ ................................................... | ||||||||
the Court has accepted the following instrument as security ............................................................ .................................... | ||||||||
from the said ............................................................ ............................................................ ............................................ | ||||||||
In lieu of the lodgement of cash in the sum of £/€ ............................................................ ................................................... | ||||||||
the Court has accepted the following instrument as security ............................................................ .................................... | ||||||||
from the said ............................................................ ............................................................ ............................................ | ||||||||
And we further acknowledge that the said sums are liable to be forfeited to the said Minister or estreated as appropriate if the above named accused fails in any of the conditions set out hereunder. | ||||||||
Signed ............................................................ ............................................................ ...................................... Accused | ||||||||
............................................................ ............................................................ .. Surety | ||||||||
............................................................ ............................................................ .. Surety | ||||||||
Acknowledged before me this ........................... day of ............................................................ ........................... 2000. | ||||||||
Signed ............................................................ .................................................... | ||||||||
Judge of the District Court | ||||||||
CONDITIONS OF BAIL BOND | ||||||||
The conditions of this recognisance are that the above named accused will (1) appear before the District Court to be held at ............................... on the ........................ day of ................................... 2000 at ....................... am/pm and at every place and time which during the course of the proceedings the hearings may be adjourned until the accused presence is no longer required to answer the charge(s). | ||||||||
(2) Not commit any offence and be of good behaviour and | ||||||||
(3) ............................................................ ............................................................ ............................................................ | ||||||||
SCHEDULE B O.18, r.5(4) | ||||||||
No. 18.2 | ||||||||
| ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 22 | ||||||||
and | ||||||||
BAIL ACT, 1997 | ||||||||
Section 5 | ||||||||
RECOGNISANCE ON SENDING FORWARD FOR TRIAL OR SENTENCE | ||||||||
PROSECUTOR: The Director of Public Prosecutions | ||||||||
ACCUSED: ............................................................ ............................................................ ..................................................... | ||||||||
We ............................................................ ......... of ............................................................ ..................... a Principal Party | ||||||||
and ............................................................ ......... of ............................................................ ..................... Surety | ||||||||
and ............................................................ ......... of ............................................................ ..................... Surety | ||||||||
severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said Principal Party the sum of £/€ ...................................... and the said ............................................ the sum of £/€ ............................................ and the said ............................................................ ................................. the sum of £/€ ............................................ to the use of the Minister for Finance and pursuant to the direction of the Judge we have hereby lodged the following sums | ||||||||
The said Principal Party the sum of £/€ | ||||||||
The said ............................................................ ........................................... the sum of £/€ .................................................. | ||||||||
The said ............................................................ ........................................... the sum of £/€ .................................................. | ||||||||
In lieu of the lodgement of cash in the sum of £/€ ............................................................ ......................................................... | ||||||||
the Court has accepted the following instrument as security ............................................................ ......................................... | ||||||||
from the said ............................................................ ............................................................ ................................................. | ||||||||
In lieu of the lodgement of cash in the sum of £/€ ............................................................ ......................................................... | ||||||||
the Court has accepted the following instrument as security ............................................................ ......................................... | ||||||||
In lieu of the lodgement of cash in the sum of £/€ ............................................................ ......................................................... | ||||||||
the Court has accepted the following instrument as security ............................................................ ......................................... | ||||||||
And we further acknowledge that the said sums are liable to be forfeited to the said Minister or estreated as appropriate if the above-named accused fails in any of the conditions set out hereunder. | ||||||||
Signed ............................................................ ............................................................ ...................................... ACCUSED | ||||||||
............................................................ ............................................................ .. SURETY | ||||||||
............................................................ ............................................................ .. SURETY | ||||||||
Acknowledged before me this ........................... day of ............................................................ ............................. 2000. | ||||||||
Signed ............................................................ .................................................... | ||||||||
Judge of the District Court | ||||||||
CONDITIONS OF BAIL BOND | ||||||||
(1) The above-named accused will appear before the present/next sitting of the Circuit Court for ......................................... for the disposal of criminal business and will not depart from the said Court without leave and will attend there in person from day to day during the time the said Court shall be so held or any adjournment thereof for the purposes of his * trial/* sentence and also attend any other Court to which his trial may be transferred until the charge against him shall be duly disposed of according to law. | ||||||||
(2) Not commit any offence and be of good behaviour. | ||||||||
(3) To sign on daily/weekly at ............................................ Garda Station between the hours of ..... am and ..... pm. | ||||||||
(4) ............................................................ ............................................................ ............................................................ | ||||||||
SCHEDULE B O.18, r.5(3) | ||||||||
No. 18.3 | ||||||||
| ||||||||
RECOGNISANCE | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 23 | ||||||||
and | ||||||||
BAIL ACT, 1997 | ||||||||
Section 5 | ||||||||
The Director of Public Prosecutions at the suit of | ||||||||
| ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
I ............................................................ ........................ of ............................................................ ..................................... | ||||||||
of ............................................................ ...................... of ............................................................ ...................... Accused | ||||||||
acknowledge myself to owe to the State the sum of £/€ ............................................ to the use of the Minister for Finance and pursuant to the direction of the Judge I hereby lodge the sum of £/€ ............................................ AND in lieu of surety/sureties I have pursuant to the direction of the Judge lodged the sum of £/€ ............................................ | ||||||||
And I further acknowledge that both of the said sums are liable to be forfeited to the said Minister or estreated as appropriate if I fail in any of the conditions set out hereunder. | ||||||||
Signed ............................................................ ........... | ||||||||
Acknowledged before me this ............................... day of ............................................................ .................................... 2000. | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
CONDITIONS OF BAIL BOND | ||||||||
(1) Appear before the District Court at Court ............................................ on the day of 2000 at 10.30 a.m. and at every place and time which during the course of the proceedings the hearings may be adjourned until the accused presence is no longer required to answer the charge(s). | ||||||||
(2) Not commit any offence and be of good behaviour. | ||||||||
(3) To sign on daily/weekly at ............................................ Garda Station between the hours of ................. and ............... | ||||||||
(4) ............................................................ ............................................................ ............................................................ | ||||||||
SCHEDULE B | ||||||||
O.18, r.5(3) | ||||||||
No. 18.4d | ||||||||
| ||||||||
RECOGNISANCE | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
and | ||||||||
BAIL ACT, 1997 | ||||||||
Section 5 | ||||||||
The Director of Public Prosecutions at the suit of | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
I ............................................................ ............................................................ ............................................................ . | ||||||||
of ............................................................ ............................................................ ............................................ Accused | ||||||||
acknowledge myself to owe to the State the sum of £/€ ............................................ to the use of the Minister for Finance and pursuant to the direction of the Judge I hereby lodge the sum of £/€ ............................................ AND in lieu of surety/sureties I have pursuant to the direction of the Judge lodged the sum of £/€ ............................................ | ||||||||
And I further acknowledge that both of the said sums are liable to be forfeited to the said Minister or estreated as appropriate if I fail in any of the conditions set out hereunder. | ||||||||
Signed ............................................................ ........... | ||||||||
Acknowledged before me this ............................... day of ............................................................ .................................... 2000. | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
CONDITIONS OF BAIL BOND | ||||||||
(1) The above-named accused will appear before the present/next sitting of the Circuit Court for ......................................... for the disposal of criminal business and will not depart from the said Court without leave and will attend there in person from day to day during the time the said Court shall be so held or any adjournment thereof for the purposes of his * trial/* sentence and also attend any other Court to which his trial may be transferred until the charge against him shall be duly disposed of according to law. | ||||||||
(2) Not commit any offence and be of good behaviour. | ||||||||
(3) To sign on daily/weekly at ............................................ Garda Station between the hours of ..... a.m. and ..... p.m. | ||||||||
(4) ............................................................ ............................................................ ............................................................ | ||||||||
SCHEDULE B O.18, r.10 | ||||||||
No. 18.6 | ||||||||
CERTIFICATE THAT CONDITIONS(S) OF RECOGNISANCE HAVE BEEN PERFORMED | ||||||||
............................................................ ............................................................ .................................................. Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
On the day of 20 the above-named accused entered into a recognisance conditioned that he would* | ||||||||
And pursuant to section 5 of the Bail Act, 1997 | ||||||||
* ................................................ of ............................................................ .................. a surety has lodged the sum of £/€ | ||||||||
* ................................................ of ............................................................ .................. a surety has lodged the sum of £/€ | ||||||||
* In lieu of a surety or sureties ............................................................ ............................................................ .................... | ||||||||
of ............................................................ ............................................................ ............................................................ . | ||||||||
lodged the sum of £/€ | ||||||||
I now hereby certify that the condition(s) of the recognisance have been performed. | ||||||||
* I further order that the Order made on ........................ directing .......................... not to permit the moneys on deposit in the account of .......................... to be reduced below £/€ is hereby discharged. | ||||||||
Dated this day of 20 | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B O.18, r.12 | ||||||||
No. 18.8 | ||||||||
CERTIFICATE OF CONSENT TO BAIL | ||||||||
| ||||||||
............................................................ ............................................................ .................................................. Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS ............................................................ ............................................................ ..................................................... | ||||||||
of ............................................................ ............................................................ ..................................................... | ||||||||
was on the day of 20 committed by the Court | ||||||||
to the * Prison ............................................................ ............... at ............................................................ ....................... | ||||||||
The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€ ................................. * (of which £/€ cash to be lodged) * and one sufficient surety in the sum of £/€ ................................. (of which £/€ ................................. cash to be lodged) or two sufficient sureties in the sum of £/€ ................................. each (of which £/€ ................................. cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and * to sign on daily/weekly at ................................. Garda station between ........ a.m. and ........ p.m. and ............................................................ ............................................................ ........................................... | ||||||||
And further consents that in lieu of such surety or sureties lodgement of the sum of £/€ ....................................... be accepted. | ||||||||
Dated this day of 20 . | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B O.18, r.5(2)(c) | ||||||||
No. 18.9 | ||||||||
| ||||||||
NOTIFICATION UNDER SECTION 5(2)(B) OF THE BAIL ACT, 1997 | ||||||||
FROM:............................................................ ............................... DISTRICT COURT OFFICE | ||||||||
............................................................ ............................... | ||||||||
............................................................ ............................... | ||||||||
Re: Account Number ............................................................ ............................ | ||||||||
In the Name of ............................................................ ............................... | ||||||||
At ............................................................ ....................................... Branch | ||||||||
I am to advise that on the .......... day of ........................... 2000 at ................................... District Court, an order was made pursuant to Section 5(2)(b) of the Bail Act, 1997 by the Court directing that the funds held in | ||||||||
Account Number ............................................................ ............................................................ ............................................. | ||||||||
In the Name of ............................................................ ............................................................ ................................................ | ||||||||
At ............................................................ ............................................................ ....................................................... Branch | ||||||||
should not be reduced below the sum of £/€ ............................................................ ............................................................ ..... | ||||||||
without permission of the Court. | ||||||||
Signed ................................................. | ||||||||
District Court Clerk | ||||||||
Dated ................................................. | ||||||||
TO: .................................................... | ||||||||
..................................................... | ||||||||
..................................................... | ||||||||
SCHEDULE B O.18, r.10(2) | ||||||||
No. 18.10 | ||||||||
| ||||||||
NOTIFICATION OF DISCHARGE OF ORDER UNDER SECTION 5(2)(B) OF THE BAIL ACT, 1997 | ||||||||
FROM:............................................................ ............................... DISTRICT COURT OFFICE | ||||||||
............................................................ ............................... | ||||||||
............................................................ ............................... | ||||||||
Re: Account Number ............................................................ ............................ | ||||||||
In the Name of ............................................................ ............................... | ||||||||
At ............................................................ ....................................... Branch | ||||||||
I am to advise that on the .......... day of ........................... 2000 at ................................... District Court, THE ORDER OF THE COURT dated ............... day of ............... 2000 directing that the funds held in | ||||||||
Account Number ............................................................ ............................................................ ............................................. | ||||||||
In the Name of ............................................................ ............................................................ ................................................ | ||||||||
At ............................................................ ............................................................ ....................................................... Branch | ||||||||
should not be reduced below the sum of £/€ ............................................................ ............................................................ ..... | ||||||||
without permission of the Court was DISCHARGED. | ||||||||
Signed ................................................. | ||||||||
District Court Clerk | ||||||||
Dated ................................................. | ||||||||
TO: .................................................... | ||||||||
..................................................... | ||||||||
..................................................... | ||||||||
|
SCHEDULE 7 ORDER 19 | ||||||||
|
REMANDS BY THE COURT | ||||||||
| O.19, r.1 Remand by the Court | 1. Where an accused person is before the Court in connection with an offence the Court may remand the accused from time to time as occasion requires and as provided for in section 24 of the Criminal Procedure Act, 1967 [as amended by section 8 of the Courts (No. 2) Act, 1986 and as substituted by section 4 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 ] and section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 . Where the remand is in custody the warrant of committal shall be in accordance with Form 19.1, Schedule B. | |||||||
| Period of first remand by Court | 2. (1) The Court shall not remand a person, on the occasion of that person's appearance before the Court charged with a particular offence, for a period exceeding eight days, except where this Order otherwise provides. | |||||||
(2) Where the Court remands a person on bail, it may remand that person for a longer period than eight days if he or she and the prosecutor consent. | ||||||||
(3) Where the Court remands a person in custody (other than on the occasion of that person's first appearance before the Court charged with a particular offence) it may remand such person for a period not exceeding fifteen days, save that where the Court is of opinion that in all the circumstances it would be unreasonable to remand the person in custody for a period of fifteen days, the period of remand shall be such period of less than fifteen days as the Court considers appropriate. | ||||||||
(4) Where the Court remands a person in custody (other than on the occasion of such person's first appearance before the Court charged with a particular offence), it may remand such person for a period exceeding fifteen days but not exceeding thirty days, if the person and the prosecutor consent. | ||||||||
(5) (a) If the Court is satisfied that a person who has been remanded in custody is unable by reason of illness or accident to be brought before the Court at the expiration of the period of remand, the Court may, in that person's absence, remand that person for such further period, which may exceed fifteen days, as the Court considers reasonable. The warrant of committal shall be in accordance with Form 19.2, Schedule B. | ||||||||
(b) If the Court is satisfied that a person who has been remanded on bail is unable by reason of illness or accident to appear before the Court at the expiration of the period of remand, the Court may, in that person's absence, remand that person for such further period, which may exceed eight days, as the Court considers reasonable. | ||||||||
(6) (a) Where there is no sitting of the Court on the day to which a person is remanded in custody, such person shall stand so remanded to the sitting of the Court next held in the same District Court District, and the Clerk shall forthwith transmit to the Governor of the prison or the person in charge of the remand institution where such person is detained a certificate in the Form 19.3, Schedule B informing him or her of the time, date and place of such next sitting. | ||||||||
(b) Where there is no sitting of the Court of the day to which a person is remanded on bail, such person shall stand so remanded to the sitting of the Court next held in the same District Court Area. | ||||||||
| Committal to custody of Garda Síochána | 3. (1) The Court may, where it remands a person in custody for a period not exceeding four days, commit such person (Form 19.4, Schedule B) to the custody of a member of the Garda Síochána. | |||||||
(2) Outside the Dublin Metropolitan Police District the Court, before so remanding such person shall satisfy itself that suitable facilities are available for the custody of such person during the period of remand. | ||||||||
| Person remanded in custody may be brought before the Court expiration of period | 4. Where a person has been remanded in custody the Judge may, if it is expedient in the interests of fair procedures by warrant in the Form 18.7, Schedule B order such person to be brought before him or her at any time before the expiration of the period for which such person has been so remanded, for the further hearing of the charge. | |||||||
| Persons on bail — hearing may be brought forward | 5. Where a person is remanded on bail to appear at a specified time and place, the Judge may at any time order such person to appear before him or her at any time prior to the date of the adjourned hearing, and either at the specified place or at any other place, for the further hearing of the charge, and the Clerk shall notify the prosecutor and that person accordingly. | |||||||
| Remands under s.4 1997 Act | 6. (1) Where the Court before which a person first appears charged with a particular offence, in exercise of the powers conferred by section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 , remands that person in custody to appear at a sitting of the District Court ("alternative court") in the District Court District in which the prison or place of detention where he or she is to be held in custody is situated or a District Court District adjoining the first-mentioned District Court District, the warrant shall be in accordance with Form 19.1, Schedule B. | |||||||
(2) Where the alternative court remands a person referred to in paragraph (1) of this rule in custody, the warrant shall be in accordance with Form 19.1, Schedule B. | ||||||||
(3) Where, under the powers conferred by subsection (3) of section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 , the alternative court remands a person for the purposes of the trial of that person to a sitting of the Court in the District Court District— | ||||||||
(i) in which the offence to which the trial relates was committed, | ||||||||
or | ||||||||
(ii) in which the person resides or was arrested, | ||||||||
the warrant shall be in accordance with Form 19.1, Schedule B. | ||||||||
|
SCHEDULE 8 | ||||||||
SCHEDULE B O.19, r.1 | ||||||||
No. 19.1 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT, 1997 | ||||||||
COMMITTAL WARRANT (remand) | ||||||||
| ||||||||
PROSECUTOR: The D.P.P. at the suit of ............................................................ ........................................................... | ||||||||
ACCUSED: ............................................................ ....................................................... D.O.B. ..................................... | ||||||||
WHEREAS the above-named accused was this day before the Court charged that | ||||||||
AND WHEREAS the hearing of the said charges has been adjourned to the sitting of the District Court at ............................................................ ............... on the ...................... day of .......................................................... 2000 at .............. am/pm * under the provisions of section 5 of the Criminal Justice (Miscellaneous Provisions) Act 1997 | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused in the * (prison) * (remand institution he being a person who is not less than sixteen nor more than twenty-one years of age) at ........................... there to be detained by the Governor/the person in charge thereof until the above time of adjournment | ||||||||
When he shall have him/her at the said sitting to be further dealt with according to law. | ||||||||
Dated this day of 2000. | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
CONSENT AND CONDITIONS OF RELEASE | ||||||||
The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€ ............................... * (of which £/€ cash to be lodged) * and one sufficient surety in the sum of £/€ ............................... (of which £/€ ............................... cash to be lodged) or two sufficient sureties in the sum of £/€ ............................... each (of which £/€ ............................... cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and * to sign on daily/weekly at ............................... Garda station between ......... a.m. and .......... p.m. and ............................................................ ............................................................ ............................ | ||||||||
And further consents that in lieu of such surety or sureties lodgement of the sum of £/€ ................................ be accepted. | ||||||||
Dated this day of 20. | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B O.19, r.2(4) | ||||||||
No. 19.2 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT, 1997 | ||||||||
COMMITTAL WARRANT | ||||||||
(remand in the absence of accused through illness or accident) | ||||||||
| ||||||||
PROSECUTOR: The D.P.P. at the suit of ............................................................ ........................................................... | ||||||||
ACCUSED: ............................................................ ....................................................... D.O.B. ..................................... | ||||||||
WHEREAS the above-named accused was on this day due to appear before the Court on remand charged that | ||||||||
AND WHEREAS the Court is satisfied that the accused is by reason of illness or accident unable to appear before the Court on this date. | ||||||||
AND WHEREAS the Court, in the absence of the accused, and pursuant to section 24(4) of the Criminal Procedure Act, 1967 has further remanded the accused and adjourned the hearing to the sitting of the District Court at ............................................................ ............................................................ ............................................................ .. on the .................... day of ......................................... 2000 at ................ at/pm (being in the opinion of the Court a reasonable period in the circumstances). | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge/keep the accused in the * (prison) * (remand institution he being a person who is not less than sixteen nor more than twenty-one years of age) at ............................................................ ............................................................ .......................................................... there to be detained by the Governor/the person in charge thereof until the above time of adjournment | ||||||||
When he shall have him/her at the said sitting to be further dealt with according to law. | ||||||||
Dated this day of 2000. | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the * Superintendent of the Garda Síochána/* the Governor/* person in charge | ||||||||
at | ||||||||
CONSENT AND CONDITIONS OF RELEASE | ||||||||
The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€ ................................. * (of which £/€ cash to be lodged) * and one sufficient surety in the sum of £/€ ................................ (of which £/€ ................................... cash to be lodged) or two sufficient sureties in the sum of £/€ ................................. each (of which £/€ ................................ cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and * to sign on daily/weekly at ..................................... Garda station between ............. a.m. and .................... p.m. and ............................... And further consents that in lieu of such surety or sureties lodgement of the sum of £/€ ............................. be accepted. | ||||||||
Dated this day of 20. | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
|
SCHEDULE 9 ORDER 20 | ||||||||
|
ARREST OF PERSONS IN CONTRAVENTION OF CONDITIONS OF BAIL RECOGNISANCES | ||||||||
| O.20, r.1 Arrest of person about to contravene condition of recognisance | 1. (1) Where a person charged with an offence is admitted to bail by a court on his or her entering into a recognisance with or without a surety or sureties, the court may, on the application to it in that behalf by a surety or sureties of the accused person or of a member of the Garda Síochána and upon information (Form 20.1 Schedule B) being made in writing and on oath by or on behalf of such surety or member that the accused is about to contravene any of the conditions of the recognisance, issue a warrant (Form 20.2 Schedule B) for the arrest of the accused person. | |||||||
(2) When arrested the accused shall, as soon as practicable, be brought before the court that made the order directing that the recognisance be entered into. | ||||||||
(3) Where a person is brought before a court as aforesaid the court may commit the person to prison to await his or her trial or until he or she enters a fresh recognisance or, if he or she is on remand, further remand him or her. (Form 20.3, 20.4 or 20.5 Schedule B). | ||||||||
| Arrest of person who has contravened condition of recognisance | 2. (1) Where a person charged with an offence is admitted to bail by a court on his or her entering into a recognisance with or without a surety or sureties, the court may, on the application to it in that behalf by a member of the Garda Síochána and upon information (Form 20.6 Schedule B) being made in writing and on oath by or on behalf of such member that the accused has contravened any of the conditions of the recognisance, issue a warrant (Form 20.7, Schedule B) for the arrest of the accused person. | |||||||
(2) When arrested the accused shall, as soon as practicable, be brought before the court that made the order directing that the recognisance be entered into. | ||||||||
(3) Where a warrant is issued under section 9(2) of the Bail Act, 1997 the accused and any surety or sureties shall remain bound by their recognisances and any money paid into court in connection therewith shall not be released before the conclusion of any proceedings under that section. | ||||||||
|
SCHEDULE 10 | ||||||||
SCHEDULE B O.20, r.1 | ||||||||
No. 20.1 | ||||||||
BAIL ACT 1997 | ||||||||
Section 6(5) | ||||||||
INFORMATION | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
The information of ............................................................ ............................................................ ...................................... of ............................................................ ............................................................ ............................................................ .. who says on oath:— | ||||||||
On the day of 20 , at a sitting of the District Court at ...................................... of ...................................... entered into a recognisance with ........................ of ........................ and ........................... of ........................................ as sureties conditioned | ||||||||
(insert conditions as of recognisance). | ||||||||
I, being * a member of the Garda Síochána * one of the above sureties believe that the said ........................................ is about to contravene the conditions of the recognisance. The basis for such belief is as follows:— | ||||||||
I therefore apply for the issue of a warrant for the arrest of the said | ||||||||
............................................................ ............................................................ ............................................................ ...... | ||||||||
Signed ............................................................ ........... | ||||||||
Informant | ||||||||
Sworn before me this day of 20 . | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B O.20, r.1 | ||||||||
No. 20.2 | ||||||||
BAIL ACT 1997 | ||||||||
Section 6(5) | ||||||||
WARRANT TO ARREST | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
Whereas an information has been made in writing and on oath that the accused | ||||||||
............................................................ ............................................................ ............................................................ ......... | ||||||||
of ............................................................ ............................................................ ............................................................ ...... | ||||||||
who has been charged with an offence and admitted to bail is about to contravene a condition(s) of the recognisance entered into by the said accused on day of 20 . | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said | ||||||||
............................................................ ............................................................ ............................................................ ......... | ||||||||
of ............................................................ ............................................................ ............................................................ ...... | ||||||||
and to bring him/her before a judge of the District Court to be dealt with according to law. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
SCHEDULE B 0.20. r.1 (3) | ||||||||
No. 20.3 | ||||||||
BAIL ACT 1997 | ||||||||
CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT, 1997 | ||||||||
COMMITTAL WARRANT (remand) | ||||||||
| ||||||||
PROSECUTOR: The D.P.P. at the suit of ............................................................ ........................................................... | ||||||||
ACCUSED: ............................................................ ....................................................... D.O.B. ..................................... | ||||||||
WHEREAS the above-named accused was this day before the Court on foot of a warrant alleging that he/she, having been admitted to bail, was about to contravene a condition or conditions of his/her recognisance, namely, | ||||||||
And whereas the order admitting the accused to bail was made at a sitting of the District Court at ............................................................ ............................................................ ........................................................... | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused in the * (prison) * (remand institution he being a person who is not less than sixteen nor more than twenty-one years of age) at .......................... there to be detained by the Governor/the person in charge thereof until ........... day of ......................................... 20 . | ||||||||
* Under the provisions of section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 . | ||||||||
* (1) Being a period not exceeding eight days from the date hereof. | ||||||||
* (2) Being a period not exceeding fifteen days from the date hereof and this not being the occasion of the first appearance of the accused before the Court. | ||||||||
* (3) Being a period exceeding 15 days but not exceeding thirty days from the date hereof, the accused and prosecutor so consenting and this not being the occasion of the first appearance of the accused before the Court. | ||||||||
When he shall have him/her at the sitting of the District Court at ................................ in District No. to be further dealt with according to law. | ||||||||
Dated this day of 2000. | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
CONSENT AND CONDITIONS OF RELEASE | ||||||||
The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€ ............................................ * (of which £/€ ............................................ cash to be lodged)* and one sufficient surety in the sum of £/€ ............................................ (of which£/€ ............................................ cash to be lodged) or two sufficient sureties in the sum of £/€ ............................................ each (of which £/€ ............................................ cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and * to sign on daily/weekly at ............................................ Garda station between ................ a.m. and .................. p.m. and ............................................ And further consents that in lieu such surety or sureties lodgement of the sum of £/€ ............................................ be accepted. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B0.20.r.1(3) | ||||||||
No. 20.4 | ||||||||
BAIL ACT 1997 | ||||||||
Section 9 | ||||||||
COMMITTAL WARRANT | ||||||||
(accused awaiting trial) | ||||||||
| ||||||||
PROSECUTOR: The D.P.P. at the suit of ............................................................ ........................................................... | ||||||||
ACCUSED: ............................................................ ....................................................... D.O.B. ..................................... | ||||||||
WHEREAS the above-named accused was this day before the Court on foot of a warrant alleging that he/she, having been admitted to bail, was about to contravene a condition or conditions of his/her recognisance, namely, | ||||||||
AND WHEREAS the accused was by order dated the...........day of....................20 sent forward for trial to the * next/present sitting of the ............................... Court at ........................... on a charge that; | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused in the * (prison) * (remand institution he being a person who is not less than sixteen nor more than twenty-one years of age) at .............................. there to be detained by the Governor/the person in charge thereof until his/her trial for the said offence and discharge in due course of law. | ||||||||
Dated this day of 2000. | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
CONSENT AND CONDITIONS OF RELEASE | ||||||||
The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€ .............................................. * (of which £/€ cash to be lodged) * and one sufficient surety in the sum of £/€ .................................... (of which£/€ ........................................ cash to be lodged) or two sufficient sureties in the sum of £/€ ................................... each (of which £/€ ................................... cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and * to sign on daily/weekly at ....................................... Garda station between .............. a.m. and ............... p.m. and .......................................... And further consents that in lieu of such surety or sureties lodgement of the sum of £/€ .............................. be accepted. | ||||||||
Dated this day of 2000. | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B0.20.r.1(3) | ||||||||
No. 20.5 | ||||||||
BAIL ACT 1997 | ||||||||
COMMITTAL WARRANT (remand) | ||||||||
| ||||||||
PROSECUTOR: The D.P.P. at the suit of ............................................................ ........................................................... | ||||||||
ACCUSED: ............................................................ ....................................................... D.O.B. ..................................... | ||||||||
WHEREAS the above-named accused was this day before the Court on foot of a warrant alleging that he/she, having been admitted to bail, was about to contravene a condition or conditions of his/her recognisance, namely. | ||||||||
AND WHEREAS the accused stands remanded to the sitting of the District Court at ............................................................ ................................ on the ............. day of .............................. 2000 at ............ a.m. / p.m. charged that | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused in the * (prison) * (remand institution he being a person who is not less than sixteen nor more than twenty-one years of age) at ................................ were to be detained by the Governor/the person in charge thereof until the above time of adjournment. | ||||||||
* (1) Being a period not exceeding eight days from the date hereof. | ||||||||
* (2) Being a period not exceeding fifteen days from the date hereof and this not being the occasion of the first appearance of the accused before the court. | ||||||||
* (3) Being a period exceeding 15 days but not exceeding thirty days from the date hereof, the accused and prosecutor so consenting and this not being the occasion of the first appearance of the accused before the Court. | ||||||||
When he shall have him/her at the said sitting of the District Court to be further dealt with according to law. | ||||||||
Dated this day of 2000. | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
CONSENT AND CONDITIONS OF RELEASE | ||||||||
The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€ ...................................... * (of which £/€ cash to be lodged) * and one sufficient surety in the sum of £/€ ....................................... (of which £/€ ............................ cash to be lodged) or two sufficient sureties in the sum of £/€ ................................... each (of which £/€ ............................... cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and * to sign on daily/weekly at ................................ Garda station between .............. a.m. and ............. p.m. and .............................................. | ||||||||
And further consents that in lieu of such surety or sureties lodgement of the sum £/€ .............................................. be accepted. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B O.20, r.2 (1) | ||||||||
No. 20.6 | ||||||||
BAIL ACT 1997 | ||||||||
Section 9(2) | ||||||||
INFORMATION | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
The information of ............................................................ ............................................................ ...................................... of ............................................................ ............................................................ ............................................................ .. who says on oath:— | ||||||||
On the day of 20 , at a sitting of the District Court at ...................................... of ...................................... entered into a recognisance with ........................ of ........................ and ........................... of ........................................ as sureties conditioned | ||||||||
(insert conditions of recognisance). | ||||||||
I, being a member of the Garda Síochána believe that the said ........................................... has contravened the conditions of the recognisance. The basis for such belief is as follows:— | ||||||||
I therefore apply for the issue of a warrant for the arrest of the said | ||||||||
............................................................ ............................................................ ............................................................ ............... | ||||||||
............................................................ ............................................................ ............................................................ ............... | ||||||||
Signed ............................................................ ........... | ||||||||
Informant | ||||||||
Sworn before me this day of 20 . | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
No. 20.7 | ||||||||
BAIL ACT 1997 | ||||||||
Section 9(2) | ||||||||
WARRANT TO ARREST | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
Whereas an information has been made in writing and on oath that the accused | ||||||||
............................................................ ............................................................ ............................................................ ............. | ||||||||
of ............................................................ ............................................................ ............................................................ .......... | ||||||||
who has been charged with an offence and admitted to bail has contravened condition(s) of the recognisance entered into by the said accused on day of 20 . | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ............................................................ .................... of ............................................................ ................ and to being him/her before a judge of the District Court to be dealt with according to law. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
|
SCHEDULE 11 ORDER 24 | ||||||||
|
PROCEEDINGS RELATING TO INDICTABLE OFFENCES | ||||||||
In this Order “the Act” means the Criminal Procedure Act, 1967 (No. 12 of 1967) as amended by the Criminal Justice Act, 1999 (No. 10 of 1999). | ||||||||
| 0.24, r.1 Summary trial of indictable offences | * 1. Where an accused person is before the Court charged with an indictable offence which the Court has jurisdiction to deal summarily if the accused does not object, the Judge shall inform the accused of his or her right to be tried by a jury and if the accused, on being informed by the Court of his or her right to be tried with a jury, does not object to being tried summarily, and the Director of Public Prosecutions consents to the accused being tried summarily for such offence, and if, after hearing such facts as may be alleged in support of the charge, the Judge is of opinion that they constitute a minor offence fit to be so tried, the Judge shall take the accused's plea and try him or her summarily. | |||||||
| Summary disposal on a plea of guilty — D.P.P. consenting | † 2. Where an accused person is before the Court charged with an indictable offence with which the Court has jurisdiction to deal summarily if the accused pleads guilty the Director of Public Prosecutions consents, the Judge, on being satisfied that the accused understands the nature of the offence and the facts alleged, may deal with the case summarily if the accused pleads guilty and the Director so consents. | |||||||
| Summary trial with consent of D.P.P. | ‡ 3. Where an accused person is before the Court charged with an indictable offence requiring the consent of the Director of Public Prosecutions to summary trial, then, on such consent being conveyed to the Court, the Court shall proceed in accordance with the provisions of rule 1 hereof. | |||||||
| Consent of D.P.P. | § 4. The consent of the Director of Public Prosecutions under any provision of this Order may be conveyed in writing signed by the Director or orally by a person prosecuting at the suit of or appearing on behalf of the said Director. | |||||||
| 0.24. r.5 Sending forward for sentence on a plea of guilty | ¶ 5. Where an accused person is before the Court charged with an indictable offence not being an offence under the Treason Act, 1939 , murder, attempt to murder, conspiracy to murder, piracy, genocide or a grave breach such as is referred to in section 3(1)(i) of the Geneva Conventions Act, 1962 , including an offence by an accessory before or after the fact, nor an offence being dealt with summarily, and the Court is satisfied that the accused person understands the nature of the offence and the facts alleged, then, if the accused signs a plea guilty (Form 24.1, Schedule B), and the Director of Public Prosecutions consents the Judge may by order (Form 24.2, Schedule B) send him or her forward for sentence with that plea to the court to which, if he or she had pleaded not guilty, the accused would lawfully have been sent forward for trial. | |||||||
| Indictable Offences | 6. Where an accused person is before the Court charged with an indictable offence not being dealt with in accordance with rules 1, 2, 3, or 5 hereof and the prosecutor consents to the accused being sent forward for trial the Judge shall remand the accused to a further sitting of the Court to allow service of the documents specified in section 4B (1) of the Act. | |||||||
| Times for service of documents | 7. The documents specified in section 4B(1) of the Act shall be in accordance with Forms 24.3 to 24.7, Schedule Band shall be served personally upon the accused at the earliest opportunity, but, save with the leave of the Court, shall not be served later than forty-two days after the first appearance of the accused before the Court. | |||||||
| Lodgement of documents | (2) Copies of the said documents together with a statutory declaration as to service thereof shall be lodged with the Clerk-within eight days of such service. | |||||||
| Further statements | 8. Any further statement served upon the accused pursuant to section 4C (1) of the Act shall be in accordance with Form 24.8, Schedule B. | |||||||
| Exhibits | 9. The accused shall have the right to inspect all exhibits. | |||||||
| Order sending forward for trial | 10. When the documents specified in section 4B(1) of the Act have been served on the accused the Judge shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 and, where appropriate, section 3 of the Offences for trial against the State (Amendment) Act, 1998 by order (Form 24.9, Schedule B) send him or her forward for trial. | |||||||
| Transmission of documents to County Registrar | 11. Where the Court makes an order sending an accused forward for trial or sentence, the Clerk for the court area where such order was made shall transmit to the appropriate County Registrar within ten days from the making of such order, or forthwith where the trial of the accused is imminent, | |||||||
(a) the documents specified in Section 4B of the Act and lodged by the prosecutor pursuant to rule7 (2); | ||||||||
(b) the order of the Judge sending the accused forward for trial or sentence; | ||||||||
(c) any recognisance taken in relation to the case, or money lodged in lieu of surety or sureties; | ||||||||
(d) a plea of guilty (if any) | ||||||||
| Sending forward in custody or on bail | 12. Where the Court makes an order sending a person forward for trial or sentence, the Court may by warrant (Form 24.10, Schedule B) commit such person to prison to await his or her trial or sentence or release that person conditionally on his or her entering into a recognisance (Form18.2 or 18.4, Schedule B, as the case may be). | |||||||
| Provisions of O.18 regarding bail to apply | 13. The provisions regarding bail, contained in Order 18of these Rules, in respect of a person charged before the Court with an offence, shall also apply in the case of a person sent forward for trial or sentence with consent to bail. | |||||||
| Witness summons warrant | 14. A summons or warrant issued by the Judge on foot of an Order of the trial Court under Section 4F(2) of the Act shall be in accordance with the Form or 24.11 or 24.12, Schedule B as the case may be. | |||||||
| Failure to answer summons warrant to issue | 15. A warrant for the arrest of a person who fails to attend in answer to a summons issued under rule 14 shall be in accordance with Form 24.13, Schedule B. | |||||||
| Securing attendance of accused 0.24, r.16 | 16. A summons or warrant for securing the attendance of the accused before the Judge pursuant to an Order of the Trial Court under section 4F (3) of the Act shall be in accordance with Form 24.14 or 24.15 Schedule B, as the case may be, Where the accused is in custody the warrant shall be in the Form 24.16, Schedule B. | |||||||
| Failure to attend on summons | 17. A warrant for the arrest of an accused who fails to attend in answer to a summons issued under rule 16 shall be in accordance with Form 24.17, Schedule B. | |||||||
| Deposition | 18. A deposition taken pursuant to section 4F of the Act shall be in accordance with the Form 24.18, Schedule B. | |||||||
| Transmission of further documents | Where, after an accused person has been sent forward for trial, a deposition is taken under section 4F of the Act the Clerk shall transmit the deposition to the appropriate County Registrar. | |||||||
| Transmitting a person to another district | 19. (1) Where a person is charged before the Court within indictable offence and it appears to the Court that evidence (or further evidence) will be available before the Court in some other District, the Court may remand such person either in custody or on bail to appear before the Court in such other District. Where the remand in custody is for a period not exceeding four days the Court may commit such person to the custody of a member of the Garda Síochána. The warrant of committal shall be in accordance with Form 24.19 or 24.20, Schedule B, as the case may be. Where such person is remanded on bail the recognisance shall be in accordance with Form 18.1 or 18.3, Schedule B, as the case may be. | |||||||
|
SCHEDULE 12 | ||||||||
SCHEDULE B0.24, r.5 | ||||||||
No. 24.1 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 13(2) (b) | ||||||||
PLEA OF GUILTY | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
I, ............................................................ .. the above-named accused, being before the Court charged that | ||||||||
hereby plead guilty to the said charge | ||||||||
Signed ............................................................ ........... | ||||||||
Accused | ||||||||
Taken before me this day of 20 | ||||||||
at | ||||||||
Signed ............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B0.24, r.5 | ||||||||
No. 24.2 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 13(2) (b) | ||||||||
ORDER SENDING FORWARD ON A PLEA OF GUILTY | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS the above-named accused is before the Court charged that ............................................................ ...................... | ||||||||
AND WHEREAS the Court has ascertained that he/she wishes to plead guilty to the said charge; | ||||||||
AND WHEREAS the Court is satisfied that the accused understands the nature of the offence and the facts alleged; | ||||||||
AND WHEREAS the accused has signed a plea of guilty; | ||||||||
AND the Director of Public Prosecutions consents to the accused being sent forward for sentence | ||||||||
THE COURT HEREBY ORDERS that he/she be sent forward for sentence on the aforesaid | ||||||||
charge to the * next sitting of the ........................... Court ............................... | ||||||||
(THE COURT FURTHER ORDERS that until the said conditions of release are fulfilled the accused be detained in custody). | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€............................. * (of which £/€ cash to be lodged)* and one sufficient surety in the sum of £/€...............................(of which£/€...............................cash to be lodged) or two sufficient sureties in the sum of £/€........................each (of which £/€....................... cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and * to sign on daily/weekly at ....................... Garda station between..........a.m. and.........p.m. and........................................................And further consents that in lieu of such surety of the sum of £/€...................be accepted. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B0.24, r.7(1) | ||||||||
No. 24.3 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4B (1) (a) | ||||||||
STATEMENT OF CHARGES | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
The above-named accused is charged as follows:— | ||||||||
(here set out copy of each charge that has been preferred against the accused) | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
by or on behalf of Prosecutor | ||||||||
No. 24.4 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4B (1) (b) | ||||||||
COPY OF SWORN INFORMATION | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
No. 24.5 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4B (1) (c) | ||||||||
LIST OF WITNESSES | ||||||||
............................................................ ............................................................ ..................................................... Prosecutor* | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
The following is a list of the witnesses whom it is proposed to call at the trial:— | ||||||||
| ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
by or on behalf of Prosecutor | ||||||||
No. 24.6 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4B (1) (d) | ||||||||
STATEMENT OF EVIDENCE | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
Statement of the evidence that is to be given by ............................... | ||||||||
(witness no. ):— | ||||||||
No. 24.7 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4B (1) (g) | ||||||||
LIST OF EXHIBITS | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
| ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
by or on behalf of Prosecutor | ||||||||
SCHEDULE B0.24, r.8 | ||||||||
No. 24.8 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4C (1) (c) | ||||||||
FURTHER STATEMENT OF EVIDENCE | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
Further statement of the evidence that is to be given by...................... | ||||||||
.......................... (witness no ):- | ||||||||
SCHEDULE B0.24, r.10 | ||||||||
No. 24.9 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4A (1) | ||||||||
ORDER SENDING FORWARD FOR TRIAL | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS the above-named accused is before the Court charged that | ||||||||
AND WHEREAS the Director of Public Prosecutions consents to the accused being sent forward for trial and the documents specified in Section4B(1) of the Act have been served on the accused. | ||||||||
AND WHEREAS I have informed the accused of the requirements of Section 20 of the Criminal Justice Act, 1984 , * and Section 3 of the Offences against the State (Amendment) Act, 1998 . | ||||||||
I HEREBY ORDER that the accused be sent forward for trial on the | ||||||||
aforesaid offence(s) to the * next sitting of the ........................ | ||||||||
........................................................Court at............................................ | ||||||||
* in custody / * on conditional release as set out hereunder. | ||||||||
† (I FURTHER ORDER that until the said conditions of the release are fulfilled the accused be detained in custody). | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
† Consent to and conditions of release | ||||||||
The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€ ............................... * (of which £/€ cash to be lodged)* and one sufficient surety in the sum of £/€ ................................. (of which£/€ .................................... cash to be lodged) or two sufficient sureties in the sum of £/€ ..................................... each (of which £/€ .................................... cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and * to sign on daily/weekly at .................................. Garda station between ......... a.m. and ........... p.m. and ............................................................ . And further consents that in lieu of such surety or sureties lodgement of the sum of £/€ ............................ be accepted. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B0.24, r.12 | ||||||||
No. 24.10 | ||||||||
COMMITTAL WARRANT | ||||||||
(sending forward for trial or sentence) | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS the above-named accused was this day before the Court charged that ......................................................... | ||||||||
sitting of the ............................................................ .. Court at ...................................................... | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused ............................................................ ...... of .......................................................... in the * (person) * (remand institution, he being a person who is not less than sixteen nor more than twenty-one years of age) at ................................. there to be | ||||||||
for the said offence and his/her discharge in due course of law. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€.................................................... * (of which £/€ cash to be lodged)* and one sufficient surety in the sum of £/€ ............................... (of which£/€ ................................ cash to be lodged) or two sufficient sureties in the sum of £/€ .................................. each (of which £/€ ................................. cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and * to sign on daily/weekly at ................................... Garda station between ........ a.m. and .............. p.m. and ............................................................ ........ | ||||||||
And further consents that in lieu of such surety or sureties lodgement of the sum of £/€ .......................... be accepted. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B0.24, r.14 | ||||||||
No. 24.11 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4F | ||||||||
WITNESS SUMMONS | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS ON application to the .................. Court on .................... in the above case | ||||||||
the Court ordered it would be in the interests of justice that your evidence be taken by way of * sworn deposition * live television link | ||||||||
AND WHEREAS a copy of the said order has been produced to me | ||||||||
I HEREBY COMMAND YOU to attend at the sitting of the District Court | ||||||||
to be held at ............................................................ ............................................................ ................................................ | ||||||||
on the ............ day of ............................................................ ............... 20 ..............., at ................ to give evidence by way of * sworn deposition * live television link | ||||||||
* AND you are to bring with you the following documents (or things):— | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To | ||||||||
of | ||||||||
No. 24.12 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4F | ||||||||
WARRANT FOR ATTENDANCE OF WITNESS | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS ON application to the ....................................................... Court on ........................................ in the above case | ||||||||
the Court ordered it would be in the interests of justice that the evidence of ............................................................ .......... of ............................................................ .......... | ||||||||
AND WHEREAS copy of said order has been produced to me | ||||||||
AND WHEREAS I am satisfied from the Information on oath and in writing of ............................................................ ............. that it is probable that he/she will not attend without being compelled to do so; | ||||||||
I HEREBY ORDER ACCORDINGLY AND COMMAND YOU to whom this warrant is addressed to arrest the said ................................ of .................................... and bring him/her before me or another Judge to be dealt with according to law | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
SCHEDULE B0.24, r.15 | ||||||||
No. 24.13 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4F (2) | ||||||||
WARRANT FOR ARREST OF WITNESS | ||||||||
(non-attendance on summons) | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS on the day of 20 , a summons was issued requiring ............................................................ .............. of ............................................................ to attend as a WITNESS at a sitting of the District Court at .............................................. on the day of 20 , at .m. for the purpose of taking his/her evidence by way of * sworn deposition* live television link; | ||||||||
AND WHEREAS the said ............................................................ ........................... has failed to attend at the said time and place; | ||||||||
AND WHEREAS it has been duly proved that the summons was served upon the said ............................................................ ....... in accordance with the provisions of the District Court Rules; | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ............................................................ ...... of ................................................ and to bring him/her before me or another judge to be dealt with according to law. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
SCHEDULE B0.24, r.16 | ||||||||
No. 24.14 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4F | ||||||||
SUMMONS TO ACCUSED TO ATTEND TAKING OF EVIDENCE BY * DEPOSITION * LIVE TELEVISION LINK | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
YOU ARE HEREBY COMMANDED to attend the sitting of the District Court to be held at ............................ on the day of 20 , at .m. for the purpose of being present at the taking of the evidence by * sworn deposition * live television link of ............................................. in the above-named proceedings. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To | ||||||||
of | ||||||||
(the above name accused) | ||||||||
No. 24.15 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4F | ||||||||
WARRANT FOR ARREST OF ACCUSED | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS ON application to the ......................................................... Court on ......................................... in the above case the Court ordered it would be in the interests of justice that the evidence of .............................. of ..................................... be taken by way of | ||||||||
AND WHEREAS a copy of said order has been produced to me | ||||||||
AND WHEREAS from the Information on oath and in writing of .......................................... I am satisfied that it is probable that the accused will not attend at the taking of the evidence of the said witness without being compelled to do so; | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said accused ..................................................... of .......................................................... and to bring him/her before me or another Judge to be dealt with according to law. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
No. 24.16 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4F (4) (b) | ||||||||
WARRANT TO PRODUCE ACCUSED | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
SEND in custody the above-named accused who was committed on the day of 20 , for the purpose of his/her being present at the taking of the evidence by * sworn deposition * live television link of ............................................................ .. of ............................................................ .. at the sitting of the District Court to be held at ...................................... on the day of 20 . | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
at | ||||||||
SCHEDULE B0.24, r.17 | ||||||||
No. 24.17 | ||||||||
CRIMINAL PRCEDURE ACT, 1967 | ||||||||
Section 4F (4) (b) | ||||||||
WARRANT FOR ARREST OF ACCUSED | ||||||||
(non appearance on summons) | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS on the day of 20 , a summons was issued requiring ................................................ of ......................................... to attend at a sitting of the District Court at ........................................ on the ......... day of ............ 20 ........., at .m. for the purpose of being present at the taking of the evidence by way of * sworn deposition * live television link of ............................................................ | ||||||||
AND WHEREAS the said ................................................. has failed to attend at the said time and place; | ||||||||
AND WHEREAS it has been duly proved that the summons was served upon the said ............................................... in accordance with the provisions of the District Court Rules; | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said accused ............................................................ ........ of ............................................................ ........ and to bring him/her before me or another Judge to be dealt with according to law. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
SCHEDULE B0.24, r.18 | ||||||||
No. 24.18 | ||||||||
CRIMINAL PROCEDURE ACT, 1967 | ||||||||
Section 4F | ||||||||
DEPOSITION | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
THE DEPOSITION OF ................................................... of ................................................ taken before me, the presence and hearing of the above-named accused who stands charged as set out in the statement of charges served upon him/her and the accused having been first informed that this deposition may be read as evidence at his/her trial if it is proved that | ||||||||
(a) the deponent is dead or unable to attend or prevented from attending to give evidence at the trial * through fear or intimidation, and | ||||||||
(b) the deposition was taken in the presence of the accused, and | ||||||||
(c) an opportunity was given for the cross-examination and re-examination of the deponent | ||||||||
(This deposition shall not be read if the trial judge considers that to do so would not be in the interests of justice.) | ||||||||
The deponent says on oath. | ||||||||
Signed............................................................ ........... | ||||||||
Deponent | ||||||||
Taken before me this day of 20 | ||||||||
at | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
SCHEDULE B0.24, r.19 (1) | ||||||||
No. 24.19 | ||||||||
COMMITTALWARRANT | ||||||||
(accused remanded to another district) | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS the above-named accused was this day before the Court charged that ............................................................ ...... | ||||||||
AND WHEREAS the Court is satisfied that evidence * (further evidence) will be available at the sitting of the District Court at ....................................... on the ............ day of .......... 20 at a.m. / p.m. | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused ........................................................... of ............................................ in the * (prison) * (remand institution, he being a person who is not less than sixteen years nor more than twenty-one years of age) at ............................................................ ............. | ||||||||
thereof until the above time of sitting (being a period not exceeding eight days from the date hereof) when he shall have him/her at the said sitting to be further dealt with according to law. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
The Court hereby consents to the above-named accused being conditionally released on his/her entering into a recognisance himself/herself in the sum of £/€ ............................................ * (of which £/€ cash to be lodged) * and one sufficient surety in the sum of £/€ ................................. (of which £/€................................................ cash to be lodged) or two sufficient sureties in the sum of £/€ each (of which £/€ .................................................. cash to be lodged by each) and the accused is not to commit any offence and be of good behaviour and * to sing on daily/weekly at ....................................................... Garda station between .............a.m. and ................ p.m. and ........................... | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
No. 24.20 | ||||||||
REMAND WARRANT TO GARDA SÍOCHÁNA STATION | ||||||||
(accused remanded to another district) | ||||||||
| ||||||||
............................................................ ............................................................ ..................................................... Prosecutor | ||||||||
............................................................ ............................................................ ..................................................... Accused | ||||||||
WHEREAS the above-named accused was this day before the Court charged that ............................................................ ...................... | ||||||||
AND WHEREAS the Court is satisfied that * (evidence) * (further evidence) will be available ...................................................... at the sitting of the District Court at ......................... on the .................... day of ........ 20 , at am/ p.m. | ||||||||
† (AND WHEREAS the Court is satisfied that suitable facilities are available at ................................ for the custody of the accused during the period of remand); | ||||||||
THIS IS TO COMMAND YOU to whom this warrant is addressed to commit the accused to the custody of a member of the Garda Síochána at there to be detained until the above time of sitting when the member shall have him/her at the above place to be further dealt with according to law. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To the Superintendent of the Garda Síochána | ||||||||
at | ||||||||
|
SCHEDULE 13 | ||||||||
SCHEDULE B0.26, r.1 | ||||||||
No. 26.1 | ||||||||
BAIL ACT 1997 | ||||||||
Section 8(1) | ||||||||
FORM OF ENDORSEMENT ON A WARRANT OF ARREST AS TO RELEASE ON BAIL | ||||||||
I hereby direct that the person named in this warrant be conditionally released on arrest on entering into a recognisance, himself/herself in the sum of £/€ *(of which £/€ cash to be lodged) and one sufficient surety in the sum of £/€ *(of which £/€ cash to be lodged) or two sufficient sureties in the sum of £/€ each * (of which£/€ cash to be lodged by each) conditioned for the appearance of the said............................................................ ........................at the sitting of the District Court in District No. next following the date of his/her arrest. | ||||||||
I further order# | ||||||||
#Insert any further conditions of release .................................................. | ||||||||
Dated this day of 20 . | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
|
SCHEDULE 14 ORDER 27 | ||||||||
| O.27, r.1 Judge to certify non- performance of condition | 1. Where, upon the non-performance of a condition of a recognisance which the Court has power to estreat it is intended to apply to the Court for an order to estreat the recognisance or for an order to forfeit a sum of money which was lodged in lieu of a surety or sureties by the party entering into the recognisance, the recognisance shall first be produced to a Judge assigned to the court district wherein it is then deposited, who may, upon having such proof as the Judge shall think fit, endorse, on the recognisance a certificate in the Form 27.1 Schedule B, and such certificate shall be evidence of the non-performance of any condition of the recognisance certified therein. | |||||||
| Venue for application to estreat or to forfeit | 2. An application for an order to estreat such recognisance or to forfeit such sum of money shall be made by a superintendent of the Garda Síochána and may be made at any subsequent sitting of the Court at which the order directing that the recognisance be entered into was made or before which the principal party was bound by the recognisance to appear. | |||||||
| Notice of application — to estreat | 3. (1) Such application for an order to estreat shall be preceded by the issue and service of a notice in the Form27.2 Schedule B upon the principal party or the surety or sureties to the recognisance or upon all or any of them as appropriate notifying them of such application. | |||||||
| — to forfeit money lodged | (2) Such application for an order to forfeit a sum of money lodged in lieu of a surety or sureties shall be preceded by the issue and service of a notice in the Form 27.3 Schedule B upon the party by whom the said sum was lodged. | |||||||
| — Service of notice | (3) A notice issued under this rule shall be served upon each person to whom it is directed in accordance with the provisions of Order 10, rule 3(1) of these Rules or by ordinary post and shall be served at least seven days before the date fixed for hearing the application. | |||||||
(4) Where the person upon whom it is proposed to serve a notice issued under this rule has not a fixed address within the State, service of the notice upon that person may be effected in such manner as the Judge shall direct. | ||||||||
(5) Where, however, it is proposed to serve a notice of application for an order to forfeit a sum of money lodged in lieu of a surety or sureties and the Judge is satisfied., upon application made in that behalf, that the person to be served has not a fixed address within the State and that the person's whereabouts are unknown and cannot be ascertained by reasonable enquires, the Judge may, if considering it proper to do so, by order dispense with service in such case. | ||||||||
| — Lodgment of notice | (6) When service of a notice issued under this rule has been effected, the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date fixed for the hearing. | |||||||
| Order of the Court | 4. The Court, on hearing an application aforementioned and upon production of the recognisance with the certificate aforesaid endorsed thereon and on hearing any further evidence (if any) tendered in support of the application, may, | |||||||
| — to estreat | (a) where the application is for an order to estreat a recognisance, make an order in the Form 27.4, Schedule B (which may be by way of an endorsement on the recognisance) to estreat the recogni-sance in such amount or amounts and against the principal party or the surety or sureties or against all or any of them as the Court thinks fit. | |||||||
* Provided that a recognisance shall not be estreated against any person who has not been served with the notice of application to estreat; or | ||||||||
| — to forfeit money lodged | (b) where the application is for an order to forfeit a sum of money lodged in lieu of a surety or sureties, make an order in the Form 27.5 Schedule B(which may be by way of an endorsement on the recognisance) directing the forfeiture of the sum of money lodged or any part thereof. | |||||||
| Clerk to send notices | 5. (1) Whenever the Court makes an order to estreat a recognisance the Clerk shall send by ordinary post to each person against whom the order was made a notice in the Form 23.1 Schedule B (with any necessary modifications)informing that person of the making of the order, of the amount in which the recognisance has been estreated against that person and of the time (if any) allowed for payment thereof. | |||||||
(2) Whenever the court makes an order directing the forfeiture of a sum of money lodged in lieu of a surety or sureties (or part thereof) the Clerk shall, if the whereabouts of the person by whom the sum of money was lodged are known, notify such person of the making of the said order and of the amount of money which was directed to be forfeited. Where such amount is les than the sum of money lodged the balance shall be repayable to such person. | ||||||||
| Enforcement of order — by distress | 6. (1) Where an order to estreat a recognisance has not been complied with, the Court may, at any time after the expiration of the time allowed for payment or, if no such time was allowed, at any time after the making of the order to estreat, issue a warrant in the Form 27.6 Schedule B to levy the amount due by any person under the order by distress and sale of the goods of such person. | |||||||
| by committal | * (2) At any time after the issue of such warrant of distress the said superintendent may, having first given at least seven days' notice of the application (in the Form 27.7 Schedule B) to the person against whom the warrant of distress was issued (the respondent) and having lodged the original of that Form with the Clerk, apply to the Court for the issue of a warrant to commit the respondent to prison, and the Court may, if satisfied on hearing the applicant that it was found impossible to execute that warrant of distress, issue a warrant (Form 27.8 Schedule B) to commit the respondent to prison for a term not exceeding the appropriate period specified in the scale set out in Order 23, r. 7 of these Rules, and thereupon the applicant shall return the warrant of distress to the Court for cancellation. | |||||||
| In case of peace recognisance — fresh bond may be required | 7. Where the Court estreats as against the principal party a recognisance to keep the peace or to be of good behavior or to keep the peace and to be of good behaviour it may, in addition to estreating the recognisance, order the principal party to enter into a fresh recognisance during the period for which it would have remained in force but for the order to estreat. | |||||||
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PROCEDURE UNDER BAIL ACT 1997 | ||||||||
| 0.27, r.8 Estreatment and forfeiture | 8. (a) Where an accused person who is admitted to bail on his or her entering into a recognisance with or without a surety or sureties conditioned for his or her appearance before a specified court on a specified date and at a specified time and place fails to appear in accordance with his or her recognisance and the court issues a warrant for the arrest of the person, the court shall order the recognisance of the person and of any surety or sureties to be estreated and shall order the forfeiture of the amount paid into court by the accused person and any surety or sureties. | |||||||
(b) Where a person is brought before a court pursuant to section 9(6) and the court is satisfied that the person has contravened a condition of his or her recognisance, the court shall order the recognisance of the person and of any surety or sureties to be estreated and the moneys paid into court by the accused person and any surety or sureties or any part thereof to be forfeited. | ||||||||
| Notice of | (c) Notice of the order in the Form 27.9 Schedule B shall be served on the accused and on any surety or sureties by prepaid ordinary post. | |||||||
| Vary/Discharge Application | 9. (a) An application to vary or discharge an estreatment or forfeiture order made under section 9(1) or 9(7) may be made within 21 days of the making of the order (Form 27.10, Schedule B). Notice of the application shall be served on the prosecutor by prepaid ordinary post at least seven days before the hearing of the application. | |||||||
| Order | (b) An order varying or discharging an estreatment of forfeiture order shall be in the Form 27.11, Schedule B. | |||||||
| Enforcement | 10. Orders for estreatment made under this Act shall be enforced in accordance with Rule 6 of this Order. | |||||||
|
SCHEDULE 15 | ||||||||
SCHEDULE B0.27, r.10(c) | ||||||||
No. 27.9 | ||||||||
BAIL ACT 1997 | ||||||||
Section 9(1) | ||||||||
NOTIFICATION OF FORFEITURE AND ESTREATMENT OF | ||||||||
BAIL MONEYS | ||||||||
| ||||||||
ACCUSED ............................................................ ............................................................ ..................................................... | ||||||||
OF ............................................................ ............................................................ .......................................................... | ||||||||
Please note that at a sitting of the District Court at .......................... on the ...... day of ................ 20 the Court, in accordance with section 9 of the Bail Act 1997 ordered that the recognisance entered into by you as * accused/surety on ........ day of ........................ 20 be estreated as * you/the accused failed to comply with the conditions of the said recognisance. | ||||||||
The effect of this order is that | ||||||||
(i) the sum of £/€ lodged by you is forfeited ...................................................... | ||||||||
(ii) an estreatment order has been made in the sum of £/€ | ||||||||
You were allowed a period of ............................................. for the payment of said sum. In default of said payment in the time allowed the said sum to be levied by distress and sale of your goods. | ||||||||
Payment should be made to the District Court Clerk at the address below. Cheques, postal orders, or money orders should be crossed and made pay-able to the said Clerk. | ||||||||
You have 21 days from the making of the order to apply to the court for a variation or discharge of the order. | ||||||||
Signed............................................................ ........... | ||||||||
District Court Clerk | ||||||||
District Court Office | ||||||||
............................................................ ........... | ||||||||
To ............................. | ||||||||
of ............................. | ||||||||
| ||||||||
SCHEDULE B0.27, r.9(a) | ||||||||
No. 27.10 | ||||||||
BAIL ACT 1997 | ||||||||
Section 9(8) | ||||||||
APPLICATION TO VARY/DISCHARGE | ||||||||
FORFEITURE/ESTREATMENT ORDER | ||||||||
APPLICANT ............................................................ ............................................................ ..................................................... | ||||||||
I am the * accused/surety to a recognisance entered into on the ........ day of .................. 20 in the case of..................................Prosecutor | ||||||||
and | ||||||||
....................................Accused | ||||||||
And Whereas on the ........... day of ........................ 20 the Court ordered that the said recognisance be estreated. | ||||||||
I hereby apply to the sitting of the District Court at ............................... on the ........ day of ........................... 20 at ............ a.m. / p.m. for a variation/discharge of the estreatment order. | ||||||||
Signed............................................................ ........... | ||||||||
Applicant | ||||||||
To ..................................... Prosecutor | ||||||||
SCHEDULE B0.27, r.9 (b) | ||||||||
No. 27.11 | ||||||||
BAIL ACT, 1997 | ||||||||
Section 9(8) | ||||||||
ORDER VARYING/DISCHARGING | ||||||||
FORFEITURE/ESTREATMENT ORDER | ||||||||
Applicant ............................................................ ............................................................ ..................................................... the * accused/surety to a recognisance entered into on the .................... day of ........... 20 in the case of....................................Prosecutor | ||||||||
and | ||||||||
....................................Accused | ||||||||
ON ............... day of ......................................... 20 the Court ordered that the said recognisance be estreated. | ||||||||
Upon hearing an application to the Court this day for a variation/discharge of the said ESTREATMENT/FORFEITURE order. | ||||||||
THE COURT ORDERED AS FOLLOWS: | ||||||||
DATED THIS ........... DAY OF .............................. 20 | ||||||||
Signed............................................................ ........... | ||||||||
Judge of the District Court | ||||||||
To ..................................... Prosecutor | ||||||||
| ||||||||
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EXPLANATORY NOTE. | ||||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||||||||
These Rules regulate certain aspects of the practice and procedure of the District Court and in particular take account of changes arising from the entry into force of the Criminal Justice Act, 1999 and the Bail Act, 1997 . | ||||||||
Article 34 of the Constitution of Ireland and Criminal Procedure Act, 1967 [s. 41(1)]. Criminal Justice Act, 1951 [s. 20(3)]. Criminal Procedure Act, 1967 [s. 41(2)] Bail Act, 1997 [s. 4(2)(b)]. § Criminal Justice Act, 1951 [s. 20(4)]. ¶ Criminal Procedure Act, 1967 [s. 4J(1)(a)]. Criminal Justice Act, 1951 [s. 15] as amended. † Criminal Procedure Act, 1967 [s. 31] as amended. * Criminal Procedure Act, 1967 [s. 30(2)]. Criminal Procedure Act, 1967 [s. 28(1)]. † Criminal Procedure Act, 1967 [s. 29(1)], as amended. ‡ Criminal Procedure Act, 1967 [s. 28(2)]. § Criminal Procedure Act, 1967 [s. 28(2)]. ¶ Criminal Procedure Act, 1967 [s. 26]. (1) Being a period not exceeding eight days from the date hereof. (2) Being a period not exceeding fifteen days from the date hereof and this not being the occasion of the first appearance of the accused before the court. (3) Being a period exceeding 15 days but not exceeding thirty days from the date hereof, the accused and prosecutor so consenting and this not being the occasion of the first appearance of the accused before the Court. * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable
Criminal Justice Act, 1951 [s. 2(2) (a)] as substituted by † Criminal Procedure Act, 1967 [s. 13(2), (a)]. ‡ Criminal Procedure Act, 1967 [s. 19]. § Criminal Procedure Act, 1967 [s. 20]. ¶ Criminal Procedure Act, 1967 [s. 13(2) (b)]. * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable † Delete where place of custody is within the Dublin Metropolitan Police District * Delete whichever inapplicable * Petty Sessions (Ireland) Act, 1851. * Petty Sessions (Ireland) Act, 1851. * Petty Sessions (Ireland) Act, 1851. * Delete whichever inapplicable * Delete whichever inapplicable * Delete whichever inapplicable | ||||||||
