The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the section 72 of the section 34 of the section 24 of the section 48 of the Criminal Justice (Miscellaneous Provisions) Act 2009 ) ordered that the recognisance entered into by you as*accused/-�surety on the ........ 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) an estreatment order has been made against

*you the accused in the sum of €. to be paid within a period of...............................

-�you the surety in the sum of €. to be paid within a period of.......................

Payment by you on foot of this order of estreatment should be made to the District Court Clerk at the address below. Cheques, postal orders, or money orders should be crossed and made payable to the said Clerk.

IF YOU FAIL TO PAY THE SAID SUM WITHIN THE PERIOD SPECIFIED A WARRANT FOR YOUR COMMITTAL TO PRISON IN DEFAULT OF PAYMENT WILL BE ISSUED WITHOUT FURTHER NOTICE TO YOU.

*(ii) the sum of €. paid into court by

*you the accused be forfeited in the amount of €..................................................

-�you the surety be forfeited in the amount of €..................................................

*(iii) a *bank *building society *credit union *An Post deposit book having been accepted as security for the amount of the recognisance, the said *bank*building society *credit union *An Post is required to pay into court the amount of €..from the moneys held by you on deposit therein.

*(iv) . of ...is appointed receiver to take possession or control of your property and to manage or otherwise deal with it in accordance with the directions of the court.

An application to vary or discharge this Order may be made to the court within 21 days from the date of issue of this notice.

Dated this. day of. 20.

Signed.

District Court Clerk

District Court Office at

To........................................., *Accused/-�Surety

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

*delete where inapplicable

-�applies only to a surety.

27.12

SCHEDULE B

O.27, r 10

Bail Act 1997, Section 9(12) (inserted by Criminal Justice (Miscellaneous Provisions) Act 2009, Section 48)

WARRANT OF COMMITTAL

(on non-compliance with an order under section 9(1)(i) or section 9(10))

District Court Area of District No.

*Accused

of

-�Surety

of

*Case No:

*Fine No:

*Charge Sheet/Summons:

WHEREAS a recognisance was entered into on the .day of.20.by the

*above-named accused in the sum of €......................................

-�above-named surety,.., in the sum of €......................................

conditioned as therein set out

AND WHEREAS at a sitting of the District Court at............................... on the............. day of................................ 20........., the court *(made an order under section 9(1) of the Bail Act 1997 ) *(made an order under section 9(10) of the Bail Act 1997 varying an order) estreating the said recognisance in the amount of € against , the above-named *accused, ../-�surety., and ordering that the said sum be paid by the said.. within a period of..................................... in default of payment a warrant for the committal of .. to prison to be issued.

AND WHEREAS the said Order has not been complied with

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said...............................................of.................................................................................and to lodge him/her in the prison at............................................................ to be imprisoned there for the period of............................................ unless the said sum of €............ be sooner paid.

Dated this ........... day of ...................................... 20........

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

Judge of the District Court

To the Superintendent of the Garda Síochána at............................................................

*delete where inapplicable-�applies only to a surety.

No. 28A.14

SCHEDULE B

O.28A, r.8

CRIMINAL JUSTICE ACT 2006, SECTION 99(9)

(as amended by section 60, Criminal Justice Act 2007 and by section 51, Criminal Justice (Miscellaneous Provisions) Act 2009)

ORDER CONVICTING A PERSON AND REMANDING SUCH PERSON IN CUSTODY OR ON BAIL

District Court Area ofDistrict No.

Prosecutor

Accused

WHEREAS this Court is satisfied that the above-named accused is a person to whom an order made under section 99(1) of the above-mentioned Act of 2006 applies, such order having been made by the Court sitting at on the ........ day of ...................................... 20.......

AND WHEREAS the above-named accused was this day convicted before this Court that (s)he did.., and this Court is satisfied that the said offence is an offence committed after the making of the said order under section 99(1) and that the conviction by this Court of said offence occurred during the period of suspension of the sentence concerned

THE COURT HEREBY ORDERS in accordance with section 99(9) of the above-mentioned Act that the accused be remanded *in custody *on conditional release as set out hereunder, to appear before

the *next *present sitting of the Court at ,

* the sitting of the District Court at [if in Dublin Metropolitan District, specify Court No. If outside Dublin Metropolitan District, specify District and Area]on the ........ day of .............................................. 20......., at ..*a.m. *p.m.

*AND THE COURT FURTHER ORDERS that until the said conditions or release are fulfilled, the accused be detained in custody.

Dated this ......... day of .................................... 20.......

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 € *(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 to sign on daily/weekly at Garda station between a.m. and p.m.

*and the Court further consents that in lieu of such surety or sureties lodgment of the sum of €. be accepted

*and [insert any other condition]

and the accused shall not commit any offence while so conditionally released.

Dated this .day of..20

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

Judge of the District Court

*Delete where inapplicable-�Delete where inapplicable.

No. 28A.15

SCHEDULE B

O.28A, r.8

CRIMINAL JUSTICE ACT 2006, SECTION 99(10A)

(as inserted by section 60, Criminal Justice Act 2007)

WARRANT ON REMAND TO COURT REFERRED TO IN SECTION 99(9)

District Court Area ofDistrict No.

Prosecutor

Accused

PART A

WHEREAS the above-named accused was this day convicted before the Court that (s)he did

WHEREAS this Court is satisfied that the above-named accused is a person to whom an order made under section 99(1) of the above-mentioned Act of 2006 applies, such order having been made by the Court sitting at .. on the ........ day of ...................................... 20.......

AND WHEREAS the above-named accused was this day convicted before this Court that (s)he did.., and this Court is satisfied that the said offence is an offence committed after the making of the said order under section 99(1) and that the conviction by this Court occurred during the period of suspension of the sentence concerned

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused..................................... of.......................................... in the *(prison) *(remand centre, (s)he being a person who is not less than sixteen years of age) at........................................there to be detained by the *Governor / *person in charge thereof until

the *next *present sitting of the Court at ,

* the sitting of the District Court at [if in Dublin Metropolitan District, specify Court No. If outside Dublin Metropolitan District, specify District and Area]on the ....... day of ................................. 20......., at .......*a.m. *p.m.

when you are required to convey him/her before that Court 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.

-�PART B: 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 to sign on daily/weekly at Garda station between a.m. and p.m.

*and the Court further consents that in lieu of such surety or sureties lodgment of the sum of €. be accepted

*and [insert any other condition]

and the accused shall not commit any offence while so conditionally released.

Dated this ......... day of .................................. 20.......

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

Judge of the District Court

*Delete where inapplicable

-�Delete where inapplicable

No. 28A.16

SCHEDULE B

O.28A, r.8

CRIMINAL JUSTICE ACT 2006, SECTION 99(10) AND SECTION 99(10A)

(as amended by section 60, Criminal Justice Act 2007)

ORDER MAKING DETERMINATION AS TO REVOCATION OF SUSPENSION OF SENTENCE AND REMANDING IN CUSTODY OR ON BAIL

District Court Area ofDistrict No.

Prosecutor

Accused

WHEREAS the above-named accused was remanded by Order of the Court dated ....... day of ...................................... 20...... to the sitting of this Court on the ......... day of .................................... 20......

AND upon reading the said Order of the .................... Court from which it appears that the accused was convicted before the .Court on the ......... day of .................................... 20...... and that such conviction occurred during the period of suspension of a sentence of [insert period of sentence] imposed by this Court on the ......... day of .................................... 20....... in the above-entitled proceedings and that such conviction was in respect of an offence committed after the making of this Court's order suspending the sentence

THE COURT HEREBY ORDERS in accordance with section 99(10) of the above-mentioned Act that the suspension of the sentence of this Court aforementioned

*be revoked and that the accused shall serve *the entire *[insert part of sentence period as determined by Court] of the period of imprisonment originally imposed by this Court-�

*shall not be revoked

AND THE COURT FURTHER ORDERS in accordance with section 99(10A) of the abovementioned Act that the accused be remanded *in custody *on conditional release as set out hereunder, to appear before

the *next *present sitting of the Court at ,

*the sitting of the District Court at [if in Dublin Metropolitan District, specify Court No. If outside Dublin Metropolitan District, specify District and Area]on the ..day of..20 at ..*a.m./*p.m.

*AND 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

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 € *(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 to sign on daily/weekly at Garda station between a.m. and p.m.

*and the Court further consents that in lieu of such surety or sureties lodgment of the sum of €. be accepted

*and [insert any other condition]

and the accused shall not commit an offence while so conditionally released

Dated this ........ day of ..................................... 20.......

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

Judge of the District Court

*Delete where inapplicable

-�Delete where inapplicable

-�Note: In the event of revocation of the suspension, any period of the sentence already served in prison and any period spent in custody other than any period spent in custody in respect of the conviction arising during suspension of the sentence should be deducted from the period to be served: section 99(10) of the Criminal Justice Act 2006 (as amended by section 60, Criminal Justice Act 2007).

EXPLANATORY NOTE

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

These Rules amend Orders 16, 18, 27 and 28A of the District Court Rules to facilitate the operation of provisions of the Criminal Justice (Miscellaneous Provisions) Act 2009 .