S.I. No. 41/1998:

DISTRICT COURT (CRIMINAL JUSTICE) RULES, 1998.

DISTRICT COURT (CRIMINAL JUSTICE) RULES, 1998.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Court 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, 1998.

2. These Rules shall come into operation on the 15th day of March 1998, and shall be read together with all other District Court Rules for the time being in force.

3. Order 17 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by

(a) the substitution for rule 3 thereof of the following rule

"*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."

(b) the substitution for rule 4(1) thereof of the following rule

"*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.",

and the said Order 17, as so amended, appears in Schedule 1 to these Rules.

4. Order 19 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by

(a) the substitution for rule 1 thereof of the following rule

"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."

(b) the substitution for rule 2 thereof of the following rule

"2. (1) The Court shall not remand a person, on the occasion of that person's first 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 persons 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 or 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 on the days 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."

(c) the addition of the following rule

"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 conduct of a preliminary examination under the provisions of the Criminal Procedure Act, 1967 in relation to that person, or, as the case may be, the trial of that person to a sitting of the Court in the District Court District--

(i) in which the offence to which the preliminary examination or 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 2 to these Rules.

5. The Form numbered 19.1 in Schedule 3 to these Rules shall be substituted for the form at the same reference number in Schedule B to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

6. The Forms numbered 20.3 and 20.5 in Schedule 4 to these Rules shall be substituted for the forms at the same reference numbers in Schedule B to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

7. Order 24 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended.

(a) by the substitution for rule 1 thereof of the following rule:

"*1. 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 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 the 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.

* Criminal Justice Act, 1951 [s. 2 (2) (a)], as substituted by section 8 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 .",

and the said Order 24, as so amended, appears in Schedule 5 to these Rules.

(b) by the substitution of the Form numbered 24.7 in Schedule 5 hereof for the form at the same reference number in Schedule B to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

8. Order 25 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended.

(a) by the deletion from Rule 1 thereof of "25.2" where it appears, and

(b) by the addition of the following Rule after Rule 10 thereof:--

"11. A warrant issued under these Rules and a recognizance entered into under these Rules in respect of an offence shall contain, either in the body thereof, or attached thereto, sufficient particulars to identify the offence or offences the subject of the warrant or recognizance as the case may be."

and the said Order 25, as so amended, appears in Schedule 6 to these Rules.

9. Order 35 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the deletion from Rule 1(2) thereof of "35.2" where it appears, and the said Order 35, as so amended, appears in Schedule 7 to these Rules.

10. Order 38 of the District Court Rules, 1997, ( S.I. No. 93 of 1997 ) is hereby amended by the addition of the following Rules after Rule 3 thereof:--

"PROCEDURE UNDER CRIMINAL JUSTICE ACT, 1994

4. In rules 5 to 8 inclusive following, "the Act" means the Criminal Justice Act, 1994 (No. 15 of 1994).

5. An application to the Court for an order under the provisions of subsection (2) of section 38 of the Act authorising the detention of cash seized beyond forty-eight hours shall be made by sworn information of a member of the Garda Siochana or an officer of customs and excise in the Form 38.4, Schedule B. The order of the Court thereon shall be in the Form 38.5, Schedule B.

6. (1) An application to the Court under the provisions of subsection (3) of section 38 of the Act for an order authorising the further detention of cash seized shall be made by notice in the Form 38.6, Schedule B.

(2) Notice of the application shall be served on any person to be affected by the order at least seven days before the date of hearing. A copy of the notice of application together with a statutory declaration as to service thereof shall be lodged with the Clerk at least forty-eight hours before the date of hearing.

(3) The order of the Court on the application shall be in the Form 38.7, Schedule B.

7. (1) An application to the Court under the provisions of subsection (5) of section 38 of the Act for an order directing the release of cash detained by virtue of the provisions of the said section shall be by notice in the Form 38.8, Schedule B.

(2) Notice of the application shall be served on the member of the Garda Síochána or officer of customs and excise on whose application the order for detention was made at least seven days before the date of hearing. A copy of the notice of application together with a statutory declaration as to service thereof shall be lodged with the Clerk at least forty-eight hours before the date of hearing.

(3) The order of the Court on the application shall be in the Form 38.9, Schedule B.

8. Applications to the Court under the Act may be brought, heard and determined before a Judge of the District Court at any sitting of the Court within such Judge's District."

and the said Order 38, as so amended, together with the Forms referred to in Rules 5 to 7 inclusive herein appear in Schedule 8 to these Rules.

11. The Forms numbered 38.4 to 38.9 inclusive shall be added to the Forms in Schedule B to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE 1

O.17, r.1.

ORDER 17

PROCEDURE ON ARREST

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 sheet 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 arrested 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.

¹3. 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.

¹ Criminal Justice Act, 1951 [s. 15] as amended.

Release on bail in certain cases by members of Garda Síochána.

²4. (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 in such sum or sums as such member shall determine, for his or her due appearance--

² Criminal Procedure Act, 1967 [s. 31] as amended.

O.17, r.4.

(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 recognizance (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 recognizance to appear.

(3) The recognizance may be estreated in the like manner as a recognizance 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 recognizance taken under this rule shall be transmitted to the Clerk of the Court before which the person is bound by the recognizance to appear.

Release on bail in pursuance of endorsement.

⁴5. Where a person is arrested on a warrant containing an endorsement directing the release of that person on his or her entering into a recognizance the sergeant or other member of Garda Síochána in charge of any station to which on arrest the person named in the warrant is brought shall discharge that person upon his or her entering into a recognizance, with or without sureties approved by that member, in accordance with the endorsement.

⁴ Criminal Procedure Act, 1967 [s. 30 (2)].

6. A recognizance of an accused and of the sureties, if any, under this Order may be taken on any day and at any time.

SCHEDULE 2

O.19, r.1.

ORDER 19

REMANDS BY THE COURT

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 remand by the Court.

2. (1) The Court shall not remand a person, on the occasion of that person's first 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.

O.19, r.6(a).

(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 on 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 before the Court before 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.

Person 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.

O.19, r.6(3).

(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 conduct of a preliminary examination under the provisions of the Criminal Procedure Act, 1967 in relation to that person, or, as the case may be, the trial of that person to a sitting of the Court in the District Court District

(i) in which the offence to which the preliminary examination or 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 3

SCHEDULE B

O.19, r.1.

No. 19.1

CRIMINAL PROCEDURE ACT, 1967

CRIMINAL JUSTICE (MISCELLANEOUS PROVISONS) ACT, 1997 COMMITTAL WARRANT

(remand)

............................................................ ............................................................ .............................. Prosecutor

............................................................ ............................................................ .................................. Accused

WHEREAS the above-named accused was this day before the Court charged that............................................................ ............................................................ ...........................................

AND WHEREAS the hearing of the said charge has been adjourned to the sitting of the District Court at ........... on the ...... day of ............... 19....., at ..... m. *under the provisions of section 5 of the Criminal Justice (Miscellaneous Provisons) Act, 1997;

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused ............................................................ ............................................................ ............................................ of ............................................................ .... in the *(Prison) *(remand instituton 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

*person in charge thereof until the above time of adjournment

*(being a period not exceeding eight/fifteen days from the date hereof)

*(being a period exceeding fifteen 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 charged with this particular offence) when he shall have him/her at the said sitting to be further dealt with according to law.

*Delete whichever inapplicable

Dated this ...... day of ............ 19....

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

Judge of the District Court

To the Superintendent of the Garda Síochána

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

†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 £..... and one sufficient surety in the sum of £..... or two sufficient sureties in the sum of £.... each †(and further consents that in lieu of such surety or sureties ....... pounds be accepted).

Dated this ..... day of ............ 19....

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

Judge of the District Court

†Delete where inapplicable

SCHEDULE 4

SCHEDULE B

O.20, r.1 (3)

No. 20.3

CRIMINAL PROCEDURE ACT, 1967

section 33 (3)

CRIMINAL JUSTICE (MISCELLANEOUS PROVISONS) ACT, 1997 COMMITTAL WARRANT

(remand)

............................................................ ............................................................ .............................. Prosecutor

............................................................ ............................................................ ................................... Accused

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 abscond for the purpose of evading justice;

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

*person in charge thereof until the ..... day of ............ 19.....,

*(being a period not exceeding eight/fifteen days from the date hereof)

*(being a period exceeding fifteen days but not exceeding thirty days from the date hereof, the accused and prosecutor so consenting) 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.

*Delete whichever inapplicable

Dated this ...... day of ............ 19....

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

Judge of the District Court

To the Superintendent of the Garda Síochána

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

†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 £..... and one sufficient surety in the sum of £..... or two sufficient sureties in the sum of £.... each †(and further consents that in lieu of such surety or sureties ....... pounds be accepted).

Dated this ..... day of ............ 19....

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

Judge of the District Court

†Delete where inapplicable.

SCHEDULE B

O.20, r.1 (4)

No. 20.5

CRIMINAL PROCEDURE ACT, 1967

section 33 (4)

CRIMINAL JUSTICE (MISCELLANEOUS PROVISONS) ACT, 1997 COMMITTAL WARRANT

(remand)

............................................................ ............................................................ .............................. Prosecutor

............................................................ ............................................................ .................................. Accused

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 abscond for the purpose of evading justice;

AND WHEREAS the accused stands remanded to the sitting of the District Court at ........... on the ...... day of ............... 19....., at ..... .m. charged that :--

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 nor more than twenty-one years of age) at ....... .................. there to be detained by the *Governor

*person in charge thereof until the ..... day of ............ 19.....,

*(being a period not exceeding eight/fifteen days from the date hereof)

*(being a period exceeding fifteen days but not exceeding thirty days from the date hereof, the accused and prosecutor so consenting) when he shall have him/her at the said sitting of the District Court to be further dealt with according to law.

*Delete whichever inapplicable.

Dated this ...... day of ............ 19....

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

Judge of the District Court

To the Superintendent of the Garda Síochána

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

†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 £..... and one sufficient surety in the sum of £..... or two sufficient sureties in the sum of £.... each †(and further consents that in lieu of such surety or sureties ....... pounds be accepted).

†Delete where inapplicable.

Dated this ..... day of ............ 19....

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

Judge of the District Court

SCHEDULE 5

O.24, r.1.

ORDER 24

SUMMARY TRIAL AND PRELIMINARY EXAMINATION OF INDICTABLE OFFENCES

In this Order "the Act" means the Criminal Procedure Act, 1967 (No. 12 of 1967).

Summary trial of indictable offences.

*1. 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 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.

^* Criminal Justice Act, 1951 [s. 2 (2) (a)] as substituted by section 8 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 .

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 and 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.

^† Criminal Procedure Act, 1967 [s. 13 (2), (a)].

O.24, r.3.

Summary trial with consent of D.P.P.

^o3. 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.

^o Criminal Procedure Act, 1967 [s. 19].

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.

^†† Criminal Procedure Act, 1967 [s. 20].

Sending forward for sentence on a plea of guilty.

m5. 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 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 of guilty (Form 24.1, Schedule B), 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 could lawfully have been sent forward for trial.

^m Criminal Procedure Act, 1967 [s. 13 (2), (b)]

Waiver of preliminary examination.

n6. Where the accused waives a preliminary examination and the prosecutor does not require the attendance of a witness, the Judge shall, having informed accused of the requirements of section 20 of the Criminal Justice Act, by order (Form 24.3, Schedule B) send the accused forward for trial to the court to which, if he or she had not waived such preliminary examination, the accused could lawfully have been sent forward for trial.

ⁿ Criminal Procedure Act, 1967 [s.12].

O.24, r.7.

Where witnesses required by prosecutor or accused.

Q7. Where the prosecutor requires the attendance of a witness pursuant to subsection (2) of section 7 of the Act, the Judge shall conduct a peliminary examination of the charge. Neither the prosecutor nor the accused shall be entitled to require the attendance of a witness or to examine him or her by way of sworn deposition if it appears to the Court that the witness is outside the State and that it is not reasonably practicable to secure his or her attendance for examination under section 7 of the Act.

^QCriminal Law (Jurisdiction) Act, 1967 [sec. 18]

Child cannot exercise waiver without consent of parent or guardian.

*8. A child or young person (within the meaning of the Children Acts, 1908 to 1989) shall not be permitted to exercise a waiver except with the consent of the parent or guardian having the actual possession and control of him or her. The order sending forward for trial in such cases shall be in accordance with Form 24.4, Schedule B.

^* Criminal Procedure Act, 1967 [s. 12 (4)].

Preliminary examination.

9. Where an accused person is before the Court charged with an indictable offence not being dealt with in accordance with rules 1, 2, 3, 5 or 6 hereof the Judge shall conduct a preliminary examination of the charge.

Times for service of documents.

10. (1) The documents specified in section 6 (1) of the Act shall be in accordance with Forms 24.5 to 24.9, Schedule B and 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 thirty days after the first appearance of the accused before the Court where the offence is not a scheduled offence or later than thirty days after the accused has elected for trial by jury where the offence is a scheduled offence. In this rule "scheduled offence" has the meaning assigned to it under section 2 of the Criminal Justice Act, 1951 , as amended.

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 and such Clerk shall forthwith transmit the same to the Judge.

Production of exhibits.

11. The prosecutor shall produce to the Court all exhibits in relation to the case and the Court may make such order as to the retention or custody of such exhibits as the Court thinks fit.

Inspection of exhibits.

†12. The accused shall have the right to inspect all exhibits.

^† Criminal Procedure Act, 1967 [s. 6 (3)].

Further statements.

13. Any further statement served upon the accused pursuant to section 6 (4) of the Act shall be in accordance with Form 24.10, Schedule B.

Deposition.

14. A deposition shall be in accordance with one of the Forms 24.11 to 24.14, Schedule B, as the case may be.

O.24, r.15.

Order on preliminary examination.

15. Where the Judge is of opinion that there is sufficient case to put the accused on trial for the offence with which he or she has been charged such Judge shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 , by order (Form 24.17, Schedule B) send the accused forward for trial.

Sending forward for trial on indictable offence other than that charged.

16. Where, pursuant to section 8 (2) of the Act, the Judge is of opinion that there is a sufficient case to put the accused on trial for some indictable offence other than that charged, he or she shall direct the prosecutor to prepare that charged, he or she shall be in accordance with Form 24.16, Schedule B. The new charge shall be read to the accused by the Clerk and the Court shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, than that 1984, by order (Form 24.17, Schedule B) send the accused forward for trial.

Where summary offence only disclosed.

17. Where, pursuant to section 8 (4) of the Act, the Judge is of opinion that a summary offence only is disclosed, and the Director of Public Prosecutions consents, he or she shall direct the prosecutor to prepare such summary charge, which shall be in accordance with Form 24.18, Schedule B. The new charge shall be read to the accused by the Clerk and the Judge shall deal with it accordingly.

Witness order.

18. An order requiring a witness, a statement of whose evidence has been supplied to the accused or whose deposition has been taken, to attend and give evidence at the trial of the accused and to produce any document or thing specified in the order shall be in accordance with Form 24.19, Schedule B.

Notice of Witness order.

19. The prosecutor shall cause a notice to be served upon each person in respect of whom a witness order has been made. Such notice shall be in accordance with Form 24.20, Schedule B and shall be served by a member of the Garda Siochana as provided by Order 10 of these rules.

Where person unlikely to comply with witness order.

20. An application pursuant to section 9 (3) of the Act alleging that a particular person is unlikely to comply with a witness order shall be by information in accordance with Form 24.21, Schedule B.

Summons or warrant to issue.

21. A summons or warrant which may be issued by the Judge on foot of such information shall be in accordance with Form 24.22 or 24.23, Schedule B as the case may be.

Failure to comply with summons warrant to issue.

22. A warrant pursuant to section 9 (3) of the Act for the arrest of a person who fails to attend in answer to a summons issued under rule 21 of this Order shall be in accordance with Form 24.24, Schedule B.

Persons may be bound by recognisance.

23. Where the person referred to in rule 20 is before the Court either in obedience to a summons or by virtue of a warrant and enters into a recognisance it shall be in accordance with Form 24.25, Schedule B. A warrant for his or her committal on refusing to enter into such recognisance shall be in accordance with Form 24.26, Schedule B.

O.24, r.24.

Application to take section 14(1) deposition.

24. An application for the taking of a deposition pursuant to section 14 (1) of the Act shall be by information which shall be in accordance with Form 24.27, Schedule B.

Summons or warrant to issue.

25. A summons or warrant which may be issued by the Judge on foot of such information shall be in accordance with Form 24.28 or 24.29, Schedule B, as the case may be.

Failure to answer summons -- warrant to issue.

26. A warrant for the arrest of a person who fails to attend in answer to a summons issued under rule 25 shall be in accordance with Form 24.30, Schedule B.

Securing attendance of accused.

27. A summons or warrant for securing the attendance of the accused before the Judge shall be in accordance with Form 24.31 or 24.32, Schedule B, as the case may be. Where the accused is in custody the warrant shall be in accordance with Form 24.33, Schedule B.

Failure to attend on summons.

28. A warrant for the arrest of an accused who fails to attend in answer to a summons issued under rule 27 shall be in accordance with Form 24.34, Schedule B.

Transmission of deposition by Clerk.

29. A deposition taken pursuant to section 14 of the Act by a Judge other than the Judge conducting the preliminary examination shall be transmitted by the Clerk to the Clerk for the court area to which the accused stands remanded.

Sending forward in custody or on bail.

30. Where the Court makes an order sending a person forward for trial or sentence, the Court may by warrant (Form 24.35, 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 (Form 18.2 or 18.4, Schedule B, as the case may be).

Provisions of O.18 regarding bail to apply.

31. The provisions regarding bail, contained in Order 18 of these Rules, in respect of a person charged before the Court with an offence, shall also apply in the case of person sent forward for trial or sentence with consent to bail.

Transmission of documents to County Registrar.

32. 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 document on which the Judge conducted the preliminary examination;

O.24, r.32.

(b) any deposition or statement taken before any Judge in relation to the charge in respect of which such order was made;

(c) any exhibit put in evidence and handed into the Court;

(d) the order of the Judge sending the accused forward for trial or sentence;

(e) the witness order made by the Judge;

(f) any recognisance taken in relation to the case, or money lodged in lieu of surety or sureties;

(g) a plea of guilty (if any).

Transmission of further document to Co. Registrar.

33. Where, after an accused person has been sent forward for trial, a recognisance is entered into by a witness under section 9 (3) of the Act or a deposition is taken under section 14 of the Act, the Clerk shall transmit the recognisance or deposition, as the case may be, to the appropriate.

Illness of Judge during taking of depositions.

34. Where under Part II of the Criminal Procedure Act, 1967 , a preliminary examination of an indictable offence is being conducted by a particular Judge and, owing to the illness of that Judge or for any other reason, the examination is continued by another Judge, a deposition or statement taken or signed by the former may for the purposes of that Act be treated by the latter as if it had been taken or signed by him or her.

Adjournment of preliminary examination.

35. At any stage of the preliminary examination the Judge may adjourn the same to any other day and to any other court or place in his or her District, and may remand the accused either in custody or on bail to appear at such adjourned hearing. In such event the information, depositions and recognisances (if any) already taken shall be forwarded to the Clerk of the Court Area in which the adjourned examination is to take place.

Transmitting a person to another district.

36. Where a person is charged before the Court with an 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 a person to the custody of a member of the Garda Síochána. The warrant of committal shall be in accordance with Form 24.36 or 24.37, 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.

O.24, r.36.

Judge of such other district to receive all documents.

(2) When such person appears or is brought before the Court in such other District the Judge shall receive the informations, depositions and recognisances (if any) already taken, and they shall thereupon be deemed to have been taken and treated to all intents as if they had been taken before such Judge, who shall proceed to deal with the case.

Documents to be transmitted to Clerk.

(3) All informations, depositions, recognisances or money lodged in lieu of sureties (if any) taken in the matter shall be transmitted by the Clerk of the Court for the Court Area in which the same shall have been taken to the Clerk of the Court for the Court Area in which the person is to appear.

SCHEDULE B

O.24, r. 10 (1).

No. 24.7

CRIMINAL PROCEDURE ACT, 1967

section 6 (1) (c)

LIST OF WITNESSES

............................................................ ............................................................ ... Prosecutor

............................................................ ............................................................ ...... Accused

The following is a list of the witnesses whom it is proposed to call at the trial:--

............................................................ ............................................................ .....................

No.    Name

............................................................ ............................................................ ..................

............................................................ ............................................................ ...................

Dated this ...... day of.................. 19.....

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

by or on behalf of Prosecutor

*Delete inapplicable words.

SCHEDULE 6

ORDER 25

ISSUE OF WARRANTS IN EXECUTION OF COURT ORDERS

Warrants of committal -- sentence of imprisonment.

1. Where a person has been sentenced to imprisonment the Court shall issue the warrant of committal (Form 25.1, 25.3, or 25.4, Schedule B as the case may be) forthwith, where the imprisonment is to take place immediately; but where the imprisonment is not to take place immediately, the Court may either issue such warrant of committal forthwith, directing that it is not to be executed until the time at which the imprisonment is to take place, or may issue such warrant at, or at any time after, the time fixed for the imprisonment to commence.

2. In all cases of summary jurisdiction whenever an order has been made, upon the conviction of any person of an offence,

-- in default of payment of penalty.

(a) for the payment of a penal sum and that sum has not been paid, the Court may issue a warrant of committal to imprisonment for the non-payment thereof (Form 25.5 or 25.6, Schedule B, as the case may be) at any time not later than six months from the expiration of the time fixed by the said order for the payment of that sum;

-- on the nonperformance of a condition.

(b) for the performance of a condition and that condition has not been performed, the Court may, upon the application of the prosecutor, issue a warrant of committal to imprisonment for the non-performance of the condition (Form 25.7, Schedule B) at any time not later than six months from the expiration of the time fixed by the said order for the performance thereof.

-- in case of suspended sentence.

3. Where the Court, upon imposing sentence of imprisonment, conditionally suspends the execution thereof, it may, upon the application of the prosecutor, issue a warrant of committal (Form 25.8, Schedule B) on being satisfied of the failure of the accused to comply with the terms upon which the said sentence was suspended.

Restriction on issue of warrant.

4. Where by order the execution of sentence of imprisonment has been conditionally suspended, no warrant shall be issued to enforce such sentence later than six months warrant from the expiration of the time fixed by the said order for the performance of the condition.

-- for contempt of court.

5. Where, under section 9 of the Petty Sessions (Ireland) Act, 1851 or, as the case may be, section 6 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, a Judge by warrant commits a person to prison for any contempt of the Court, such warrant shall be in the Form 25.9, Schedule B.

Compensation etc. -- No warrant unless fine is imposed.

6. Save where expressly authorised by statute, no warrant of committal shall be issued to enforce payment of any compensation, costs or expenses unless a fine has also been imposed.

Warrants of distress.

7. Where an order is made directing that any penalty or other sum of money be levied by distress, the court may thereupon (if no time is allowed for payment) or after the expiration of the time allowed for payment, issue a warrant (Form 25.10, Schedule B) to levy by distress the said penalty or sum of money if the order has not been complied with.

Warrants where recognizances are estreated.

8. Where the Court makes an order estreating a recognizance, the warrant of distress and the warrant of committal to prison in execution of such order shall be in accordance with Form 27.5 and Form 27.7, respectively, in Schedule B, as provided for in Order 27 of these Rules.

Warrant not to issue where notice of appeal lodged.

*9 (1) Where an appeal is lodged against an order and a recognizance is entered into and the warrant to execute the order has not been issued, such warrant shall not be issued until the appeal is decided or the appellant has failed to perform the condition of the recognizance, as the case may be.

*Petty Sessions (Ireland) Act, 1851 [s. 23].

-- Where issued, Clerk secure its return.

(2) Where such warrant has been issued but not executed the Clerk shall forthwith notify the Superintendent of the Garda Síochána to whom the warrant was addressed to that an appeal has been lodged and a recognizance entered into and the Superintendent shall return the warrant to the Clerk for cancellation by the Court.

-- Where executed, appellent to be discharged on notice of appeal being given.

(3) Where such warrant has been issued and executed before notice of appeal is given or before a recognizance is entered into, the appellant shall, on notice of appeal being given and the recognizance being entered into, forthwith be discharged from custody or from prison. Where such warrant is a warrant of distress such distress shall be returned to the owner.

Order suspended.

(4) Save where otherwise provided by statute or by rules of court, the order appealed from shall be entirely suspended until the appeal is decided or the appellant fails to perform the condition of the recognizance, as the case may be. This rule shall not be taken to over-ride any statute expressly authorising or directing the levy of any sum to be made notwithstanding an appeal.

Clerk to make note of issue.

10. Whenever a warrant is issued for the purpose of enforcing an order made by the Court, the Clerk shall make a note on the minute book, charge sheet, fine register, as appropriate, of the issue of the warrant and its nature and date.

Particulars of offence to be contained in warrant and recognizance.

11. A warrant issued under these Rules and a recognizance entered into under these Rules in respect of an offence shall contain, either in the body thereof, or attached thereto, sufficient particulars to identify the offence or offences the subject of the warrant or recognizance as the case may be.

SCHEDULE 7

O.35, r.1.

ORDER 35

CERTIFIED COPIES OF ORDERS AND OF OTHER DOCUMENTS

1. (1) Where, pursuant to section 14 of the Courts Act, 1971 , a copy of an order made in any case of summary jurisdiction is required, the order shall be drawn up by the Clerk for the court area wherein the order was made and shall be signed by a Judge. The Clerk shall retain such order in his or her custody.

(2) Any person having a bona fide interest in the matter may, upon payment of the prescribed fee (if any), obtain from the Clerk, a copy of the order (in the Form 35.1, 35.3, or 35.4, Schedule B, as appropriate) certified by the Clerk in accordance with the provisions of rule 4 of this Order.

2. Any party in any proceedings may, upon payment of the prescribed fee (if any), obtain from the Clerk a copy of any information, written complaint or deposition which is in his or her custody and was made or taken in any case in his or her court area, and of any order which is in that Clerk's custody and was made by a Judge in the preliminary examination of any indictable offence in the said court area.

3. Where a Judge is satisfied that a copy of an order or other document is reasonably required by any person for the purpose of any legal proceedings, such Judge may direct the Clerk to furnish a copy of such order or other document to such person upon payment by such person of the prescribed fee (if any).

4. A copy of an order or other document furnished under this Order shall be certified by the Clerk to be a true copy of the original order or document as the case may be, which is in his or her custody.

SCHEDULE 8

O.38, r.1.

ORDER 38

MISCELLANEOUS MATTERS

Power of Court in cases of variance, defects, omissions, no offence disclosed or no appearance

Variance between evidence and complaint.

1. (1) Subject to the provisions of paragraph (3) hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same; nor shall any variance between the complaint and the evidence adduced in support thereof, as to the place in which the offence or cause of complaint is stated to have been committed or to have arisen, be deemed material, provided that the said offence or cause of complaint was committed or arose within the jurisdiction of the Judge by whom the case is being heard, or that, the accused resides or in the case of an offence was arrested within such jurisdiction. In any such case the Court may amend the summons, warrant or other document by which the proceedings were originated and proceed to hear and determine the matter.

Defects.

(2) Subject to the provisions of paragraph (3) hereof, no objection shall be taken or allowed on the ground of a defect in substance or in form or an omission in the summons, warrant or other document by which the proceedings were originated, or of any variance between any such document and the evidence adduced on the part of the prosecutor at the hearing of the case in summary proceedings or at the examination of the witnesses during the preliminary examination of an indictable offence, but the Court may amend any such summons, warrant or other document, or proceed in the matter as though no such defect, omission or variance had existed.

Court's discretion.

(3) Provided, however, that if in the opinion of the Court the variance, defect or omission is one which had misled or prejudiced the accused or which might affect the merits of the case, it may refuse to make any such amendment and may dismiss the complaint either without prejudice to its being again made, or on the merits, as the Court thinks fit; or if it makes such amendment, it may upon such terms as it thinks fit adjourn the proceedings to any future day at the same or at any other place.

No offence disclosed or no appearance.

(4) Where the Court is of opinion that the complaint before it discloses no offence at law, or if neither prosecutor nor accused appears, it may if it thinks fit strike out the complaint with or without awarding costs.

Order to inspect and copy entries in Banker's Books

Application for, -- venue.

2. (1) An application by a party to proceedings before the Court for an order under section 7 of the Bankers' Books Evidence Act, 1879 (42 & 43 Vict. CH. 11) authorising that party to inspect and take copies of entries in a banker's books for any of the purposes of such proceedings may be made at any sitting of the Court for the Court district wherein the proceedings have been brought.

-- notice of.

(2) Such application shall be preceded by the issue of a notice in the Form 38.1, Schedule B, which shall be lodged with the Clerk prior to the making of the application.

Order of the Court.

(3) The order of the Court granting the application shall be in the Form 38.2, Schedule B, which shall, unless the Court otherwise directs, be served upon the relevant bank three clear days before the order is to be obeyed. Service may be effected by delivering a copy of the order to the office of the bank wherein the relevant records are kept.

Notice to Coroner of result of proceedings

3. At the conclusion of criminal proceedings in the District Court in relation to the death of a person the Clerk shall, pursuant to section 25 (3) of the Coroners Act, 1962 (No. 9 of 1962), inform (in the Form 38.3, Schedule B) the coroner holding an inquest in relation to the death of the result of the proceedings.

PROCEDURE UNDER CRIMINAL JUSTICE ACT, 1994

4. In rules 5 to 8 inclusive following, "the Act" means the Criminal Justice Act, 1994 (No. 15 of 1994).

Authority to detain cash.

5. An application to the Court for an order under the provisions of subsection (2) of section 38 of the Act authorising the detention of cash seized beyond forty-eight hours shall be made by sworn information of a member of the Garda Síochána or an officer of customs and excise in the Form 38.4, Schedule B. The order of the Court thereon shall be in the Form 38.5, Schedule B.

-- further detention of cash.

6. (1) An application to the Court under the provisions of subsection (3) of section 38 of the Act for an order authorising the further detention of cash seized shall be made by notice in the Form 38.6, Schedule B.

-- notice of application.

(2) Notice of the application shall be served on any person to be affected by the order at least seven days before the date of hearing. A copy of the notice of application together with a statutory declaration as to service thereof shall be lodged with the Clerk at least forty-eight hours before the date of hearing.

-- order.

(3) The order of the Court on the application shall be in the Form 38.7, Schedule B.

Release of cash.

7. (1) An application to the Court under the provisions of subsection (5) of section 38 of the Act for an order directing the release of cash detained by virtue of the provisions of the said section shall be by notice in the Form 38.8, Schedule B.

-- notice of application.

(2) Notice of the application shall be served on the member of the Garda Síochána or officer of customs and excise on whose application the order for detention was made at least seven days before the date of hearing. A copy of the notice of application together with a statutory declaration as to service thereof shall be lodged with the Clerk at least forty-eight hours before the date of hearing.

-- order.

(3) The order of the Court on the application shall be in the Form 38.9, Schedule B.

Venue.

8. Applications to the Court under the Act may be brought, heard and determined before a Judge of the District Court at any sitting of the Court within such Judge's District.

SCHEDULE B

O.38, r.5.

No. 38.4

INFORMATION

In the matter of an application under section 38 of the Criminal Justice Act, 1994 .

The information of ............................................................ ..................................................... *a member of the Garda Síochána

*an officer of customs and excise of ............................................................ ......................... who says on oath:

1. On the ..... day of .......... 19 ....., at ..... a.m./p.m., at ........, in the District aforesaid, in exercise of my powers under subsection (1) of section 38 of the Criminal Justice Act, 1994 , I seized and detained from one .......... £......... cash which was being *imported into *exported from the State and I had reasonable grounds for suspecting that it *(directly or indirectly represented the drug trafficking of one .................) *(was intended by .................. for use in drug trafficking.)

2. The basis of my suspicion is as follows:--

3. The amount seized is not less than the sum prescribed by the Minister for Justice for the purposes of section 38 of the said Act by the Criminal Justice Act, 1994 (Section 44) Regulations, 1996 ( S.I. No. 167 of 1996 ).

4. The continued detention of the cash beyond forty-eight hours from the time of its seizure is justified

* while its origin or derivation is further investigated

* while consideration is being given to the institution (whether in the State or elsewhere) of criminal proceedings against any person for an offence with which the case is connected.

5. I pray for an order authorising the detention of the cash *for the period of ...................... *until the ...... day of ......... 19 ......

*Delete inapplicable words.

...............................

Informant

Sworn before me this ...... day of .......... 19...... at ................... in the said District.

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

Judge of the District Court

SCHEDULE B

O.38, r.5.

No. 38.5

ORDER AUTHORISING DETENTION OF CASH BEYOND FORTY-EIGHT HOURS

In the matter of an application under section 38 of the Criminal Justice Act, 1994 .

IT APPEARING from the information of ............................................................ .........................................

*a member of the Garda Síochána

*an officer of customs and excise

of ............................................................ ............................................................ .............................................. that on the ...... day of .......... 19...., at.....a.m./p.m., at ...................., in the District aforesaid, in exercise of his/her powers under subsection (1) of section 38 of the Criminal Justice Act, 1994 , he/she seized and detained from one ......... £....... cash which was being *imported into *exported from the State and he/she had reasonable grounds for suspecting that it *(directly or indirectly represented the drug trafficking of one ....................) *(was intended by .......... for use in drug trafficking.)

AND IT FURTHER APPEARING that the amount seized is not less than the sum prescribed by the Minister for Justice for the purposes of section 38 of the said Act by the Criminal Justice Act, 1994 (Section 44) Regulations, 1996 ( S.I. No. 167 of 1996 ).

AND BEING SATISFIED that there are reasonable grounds for the suspicion of the informant and that detention of the cash beyond forty-eight hours from the time of its seizure is justified

* while its origin or derivation is further investigated

* while consideration is given to the institution (whether in the State or elsewhere) of criminal proceedings against any person for an offence with which the cash is connected.

IT IS ORDERED that the cash seized be detained *for the period of .............. *until the ..... day of .................. 19.....

This ...... day of .................... 19.....

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

Judge of the District Court

*Delete inapplicable words.

SCHEDULE B

O.38, r.6(1).

No. 38.6

APPLICATION FOR AN ORDER AUTHORISING THE FURTHER DETENTION OF CASH

In the matter of an application under section 38 of the Criminal Justice Act, 1994 .

WHEREAS an order was made by the Court at ......... on the ..... day of .......... 19..... for the detention of £........ cash seized under the provisions of the aforesaid section *for the period of .......... *until the ...... day of .................. 19........;

TAKE NOTICE THAT ............................................................ ............................................................ ............

*a member of the Garda Síochána

*an officer of customs and excise

of ............................................................ ............................................................ ......................., the applicant will apply at the sitting of the District Court at .......... in said district on the ..... day of .......... 19......, at......a.m./p.m., at ...................., for an order authorising the further detention of the cash seized on the grounds

(a) that the applicant has reasonable grounds for suspecting that it *(directly or indirectly represents the drug trafficking of one ............) *(is intended by .......... for use in drug trafficking), and

(b) that further detention of the cash is justified

* while its origin or derivation is further investigated

* while consideration is given to the institution (whether in the State or elsewhere) of criminal proceedings against any person for an offence with which the cash is connected.

*Delete inapplicable words.

This...... day of .................... 19....

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

Applicant

SCHEDULE B

O.38, r.6(3).

NO. 38.7

ORDER AUTHORISING FURTHER DETENTION OF CASH

In the matter of an application under section 38 of the Criminal Justice Act, 1994 .

UPON APPLICATION of............................................................ ............................................................ .........

*a member of the Garda Siochana

*an officer of customs and excise

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

IT APPEARING that on the ...... day of .......... 19....., at....... a.m./p.m., at .........., in the District aforesaid, in exercise of his/her powers under subsection (1) of section 38 of the Criminal Justice Act, 1994 , he/she seized and detained from one .......... £...... cash which was being *imported into *exported from the State and he/she had reasonable grounds for suspecting that it *(directly or indirectly represented the drug trafficking of one ..........) *(was intended by .......... for use in drug trafficking.)

AND IT FURTHER APPEARING that the amount seized is not less than the sum prescribed by the Minister for Justice for the purposes of section 38 of the said Act by the Criminal Justice Act, 1994 (Section 44) Regulations, 1996 ( S.I. No. 167 of 1996 ).

AND BEING SATISFIED that there are reasonable grounds for the suspicion of the informant and that the further detention of the cash is justified

*while its origin or derivation is further investigated

*while consideration is given to the institution (whether in the State or elsewhere) of criminal proceedings against any person for an offence with which the cash is connected.

IT IS ORDERED that the cash seized be detained *for the period of .......... *until the ..... day of .......... 19......

*Delete inapplicable words.

This ..... day of .......... 19.....

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

Judge of the District Court

SCHEDULE B

O.38, r.7(1).

No. 38.8

APPLICATION FOR AN ORDER DIRECTING THE RELEASE OF CASH

In the matter of an application under section 38 of the Criminal Justice Act, 1994 .

WHEREAS an order was made by the Court at .......... on the ..... day of .......... 19..... for the detention of £...... cash seized under the provisions of the aforesaid section *for the period of .......... *until the ..... day of ................ 19.....;

TAKE NOTICE that at the sitting of the District Court at .......... in the said district, on the ..... day of .......... 19....., at .....a.m./p.m. application will be made for an order directing the release of the said cash

*[*by .......... (being the person from whom the cash was seized)

*by ........... (being a person by or on whose behalf the cash was being imported or exported) on the grounds that there *are no *are no longer any grounds for its detention as are mentioned in subsection (2) of section 38 of the said Act];

*[by .......... (being any other person) on the grounds that there *are no *are no longer any grounds for its detention as are mentioned in subsection (2) of section 38 of the said Act *or that detention of the cash is not for that or any other reason justified].

*Delete inapplicable words.

This ..... day of .................... 19.....

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

Applicant

SCHEDULE B

O.38, r.7(3).

No. 38.9

APPLICATION FOR AN ORDER DIRECTING THE RELEASE OF CASH

In the matter of an application under section 38 of the Criminal Justice Act, 1994 .

IT APPEARING that an order was made by the Court at .......... on the .... day of .......... 19....., for the detention of £....... cash seized under the provisions of the aforesaid section *for the period of .......... *until the ...... day of .......... 19.....;

UPON APPLICATION heard at the sitting of the District Court at ............ in the said District, on the ..... day of .......... 19....., at ..... a.m./p.m. for an order directing the release of the said cash

*by .......... (being the person from whom the cash was seized)

*by .......... (being a person by or on whose behalf the cash was being imported or exported)

*by .......... (being any other person)

AND BEING SATISFIED that (there *are no *are no longer any grounds for its detention as are mentioned in subsection (2) of the said section 38) (detention of the cash is not for that or any other reason justified:

*Delete inapplicable words.

IT IS ORDERED that the cash be released to .............

This ...... day of .......... 19......

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

Judge of the District Court

GIVEN this 30th day of June, 1997.

Peter Smithwick, Chairman

John Garavan

John P. Clifford

Gillian M. Hussey

John P. Brophy

Deirdre M. Kennedy

Gerard Griffin

Sean McMullin

James McCormack Secretary

I concur in the making of the foregoing Rules.

Dated this 17th day of February, 1998.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE.

These Rules, which come into effect on 15th March, 1998 give effect to the provisions of the Criminal Justice (Miscellaneous Provisions) Act, 1997 with the exception of provision of a seal for the District Court. In addition, three other matters are provided for, viz.

(a) The amendment to the Form 24.7 (List of Witnesses);

(b) The addition of Rule 11 to Order 25 which concerns the recital of charges in a warrant or a recognizance;

(c) The amendment to Order 38 regarding applications to the Court to detain or further detain cash seized under the Criminal Justice Act, 1994 .