STATUTORY INSTRUMENTS

S.I. No. 167 of 2005

District Court (Summonses) Rules, 2005

SI 167 of 2005

District Court (Summonses) Rules 2005

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 (Summonses) Rules 2005.

2.   These rules shall come into operation on the 12th day of April 2005 and shall be read together with all other District Court Rules for the time being in force.

3.   The District Court Rules 1997 ( S.I. No. 93 of 1997 ) shall be amended by the substitution of the following Order for Order 15 thereof:

“ORDER 15

* ISSUE OF SUMMONSES ALLEGING OFFENCES

1 (1).   Where in the first instance a summons is sought pursuant to section 10 of the Petty Sessions (Ireland) Act 1851 to require the attendance before the Court of a person against whom a complaint is made, the complaint shall be made to a Judge and may be made with or without oath as the Judge shall direct.

(2).   Where the complaint is made on oath it shall be made by sworn information (Form 15.3 Schedule B).

(3).   Having received such complaint, the Judge may issue a summons (Form 15.1 Schedule B) in any case in which that Judge has jurisdiction in the district to which he or she is assigned.

2 (1).  When, upon application made to an appropriate office (within the meaning of section 1(14) of the Courts (No. 3) Act 1986 as amended) pursuant to section 1(3) of the Courts (No. 3) Act 1986 as amended, for the issue of a summons in relation to an offence, a summons is issued, such summons shall be in the Form 15.2 Schedule B.

3  (1).   A summons shall state shortly and in ordinary language particulars of the cause of complaint or offence alleged, and shall state the name of the person against whom the complaint has been made or who is alleged to have committed the offence and the address (if known) at which he or she ordinarily resides.

(2).  A summons issued by an appropriate office and to which rule 2(1) of this Order relates shall also notify such person that he or she will be accused of that offence at a sitting of the District Court to be specified in the summons. Such summons shall also contain the particulars specified in section 1(6) of the Courts (No. 3) Act 1986 as amended.

(3).  Every summons shall require the appearance of the person to whom it is directed at a sitting of the Court having jurisdiction to deal with the complaint or the offence alleged, provided that the court at which such person is required to appear shall -

(a)   Where the summons is issued by a Judge, be a court within the area of jurisdiction, of that Judge, or

(b)   Where the summons is issued by an appropriate office be a court within the district in which a judge has jurisdiction in relation to the offence to which the summons relates.

4.  Two or more complaints or offences may be alleged in the one summons.

5    (1). A summons issued by a Judge shall be signed by the Judge who issues it and no summons shall be signed in blank.

(2). A summons against a person who is a member of the Garda Síochána shall be signed by a Judge.

(3). (a)  Where a summons is signed by a Judge such summons shall not be avoided by reason of the death of that Judge or by reason of his or her ceasing to hold office

(b) Where a summons is issued by an appropriate office such summons shall not be avoided by reason of the death of the appropriate District Court Clerk whose name is specified on the summons or by reason of his or her ceasing to hold office.

6.   In the case of every summons issued otherwise than by transmitting it by electronic means to the person who applied for it or a person acting on his or her behalf, there shall be issued with such summons a copy thereof for service upon each person to whom the summons is directed. Where a summons is issued by transmitting it by electronic means to the person who applied for it or a person acting on his or her behalf, a true copy of such summons shall be served upon each person to whom the summons is directed by electronic means.

7.    A summons may be served in any part of the State and upon service being effected in a manner prescribed by these Rules, the person against whom the complaint is made or the offence is alleged shall be as effectively bound by the proceedings as if he or she resided within the area of jurisdiction of the Judge issuing it or (if issued out of an appropriate office) within the limits of the court area or areas to which the appropriate Clerk whose name is specified on the summons has been assigned.

8.    Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of a number of different acts in the alternative, or states any part of the offence in the alternative, the acts, omissions or other matters stated in the alternative in the enactment may be stated either in the alternative or in the conjunctive in the summons alleging such offence.

9.    In alleging an offence contrary to any statute or statutes it shall be sufficient to state the substance of the offence in ordinary language with such particulars of the offence as may be necessary for giving reasonable information as to the nature of the complaint, and it shall not be necessary to negative any exception or exemption from or qualification to the operation of a statute creating such offence.

10.    Where under Order 16, rule 1(1) of these Rules a warrant is sought for the arrest of a person charging that person with having committed an indictable offence a Judge may, if he or she thinks fit, instead of issuing a warrant issue a summons requiring the appearance of that person, notwithstanding that the complaint had been made by information on oath and in writing. A Judge who has issued such summons may at any time (the complaint having been made by information) issue a warrant for the arrest of that person.”

4.       The Form numbered 15.2 in Schedule 1 hereof is hereby substituted for the Form at the same reference number in Schedule B to the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

Schedule 1

No. 15.2

SCHEULE B

O.15, r.2 (1)

COURTS (NO. 3) ACT, 1986

Section 1

SUMMONS

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

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

WHEREAS on the           day of                20     , an application was made to this office by ..........................^* (on behalf of) the above-named Prosecutor for the issue of a summons to you, the above-named Accused, of^* ..................................................(in court area and district aforesaid) alleging the following offence(s):-

that you did on the            day of                    20

at                            ^* (in the court areas and district aforesaid)

contrary to

THIS IS TO NOTIFY YOU that you will be accused of the said offence(s) at a sitting of the District Court for the court area and district aforesaid to be held at .......................... on the          day of 20        , at a.m./p.m.,

AND TO REQUIRE YOU to appear at the said sitting to answer the said accusation(s).

The appropriate District Court Clerk specified in relation to this summons is ..................................... of the District Court office at ....................................

Dated this          day of            20

Issued out of the District Court Office

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

Issued out of ........................................

An office of the Courts Service designated for the purpose of receiving applications under section 1(3) of the Courts (No. 3) Act 1986 .

To

Of ............................................................ ...

the above named-accused.

Given this 28th day of February 2005

Peter Smithwick               Chairman

Uinsin Mac Gruairc

John P Brophy

Mary C Devins

Thomas E O'Donnell

Sean McMullin

Hugh O'Neill

Damien Colgan

David Kelly

Noel Rubotham

Elizabeth Hughes                           Secretary

EXPLANATORY NOTE

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

These Rules amend the District Court Rules 1997 ( Section 1 of the Courts (No. 3) Act 1986 to provide for the centralised electronic receipt of summons applications and centralised issue of summonses.

* Provisions relating to the issue of summonses in matters other than criminal matters are contained in Order 99 of these Rules.

^* Delete words inapplicable

^* Delete words inapplicable

^* Delete words inapplicable