Circuit Court Rules

ORDER 68

SEXUAL OFFENCES

[SI 380/18]

1. In this Order:

the “Act” means the Sex Offenders Act 2001 (No 18 of 2001);

“counselling record” has the same meaning as in section 19A of the Criminal Evidence Act 1992;

the “2017 Act” means the Criminal Law (Sexual Offences) Act 2017 (No 2 of 2017).

[SI 380/18]

2. All applications under the Act served or proceedings under the Act taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

3. (1) Subject to sub-rule (2), all applications under section 16 of the Act for a sex offender order shall be made ex parte grounded upon an affidavit sworn by or on behalf of the applicant which said affidavit shall set out the matters referred to at section 16(2) of the Act together with any other relevant matters and the Court may make any order on such an application conditionally, or on such limitations, terms or conditions as to notice and otherwise as it considers appropriate to the case.

(2) The Court may, in any case in which it considers it appropriate to do so, adjourn the hearing of an application made in accordance with sub-rule (1) and direct that the respondent be notified of the date of the adjourned hearing and served with a copy of the grounding affidavit and any exhibits.

[SI 142/15]

4. All applications under section 19(1) of the Act shall be brought by originating motion on notice to the member of the Garda Síochána who made the application for the sex offender order, the subject of the proceedings, or the Chief Superintendent of the division where the respondent ordinarily resides or has his or her most usual place of abode and shall be grounded upon affidavit sworn by the respondent which said affidavit shall set out the facts upon which it is alleged that the protection of the public from serious harm from the respondent does not require that the sex offender order should continue in force or, as the case may be, that the order?s effect for the time being is a cause of injustice, together with any other relevant matters.

5. All applications under section 19(2) of the Act shall be brought by originating motion on notice to the respondent grounded upon affidavit.

6. All applications under section 11 of the Act shall be brought by originating motion on notice to the Superintendent of the Garda Síochána of the district in which the person making such application ordinarily resides or has his or her most usual place of abode and shall be grounded upon affidavit sworn by the person making such application which said affidavit shall set out the facts upon which it is alleged that the interests of the common good are no longer served by the person making such application continuing to be subject to the requirements of Part 2 of the Act together with any other relevant matters.

7. Applications under sections 16, 19(1) or 19(2) shall be brought in the county where the respondent ordinarily resides or carries on any profession, business or occupation or by the Judge of the circuit where the respondent is alleged to have acted in such a way as to give reasonable grounds for believing that the making of a sex offender order is or, as the case may be, was necessary.

8. Applications under section 11 shall be brought in the county where the person making the application ordinarily resides or has his or her most usual place of abode.

9. All applications shall be served either in accordance with the provisions of as to service of civil bills in Order 11 and in accordance with section 7 of the Courts Act, 1964 or, in respect of applications under section 16 of the Act, when so directed by the court for the purpose of ensuring the expeditious hearing of applications, by facsimile or electronic mail or by delivering same to such person or persons or such address as the court may direct or in such other manner as the court shall direct.

[SI 132/09]

10. The court shall determine whether the application shall be heard upon affidavit evidence only or upon both affidavit and oral evidence.

11. The court may make such order as to costs as may be appropriate.

12. (1) A disclosure application under section 19A(3) or section 19A(5) of the Criminal Evidence Act 1992 (as inserted by section 39 of the 2017 Act) shall be by notice of motion, which notice shall constitute the notification required by section 19A(4) or, as the case may be, section 19A(6) of the said Act, a copy of which shall:

(i) where the disclosure application is made under section 19A(3), be served on the person who has possession or control of the counselling record, the complainant, the prosecutor and any other person to whom the accused believes the counselling record relates, not later than 21 days after the arraignment of the accused on the charge to which the disclosure application relates or

(ii) where the disclosure application is made under section 19A(5), be served on the person who has possession or control of the relevant record, the complainant, the accused and any other person to whom the prosecutor believes the counselling record relates, not later than 35 days after the arraignment of the accused on the charge to which the disclosure application relates,

and which notice shall give not less than seven days’ notice of the hearing date.

(2) The notice of motion shall include:

(a) particulars identifying the counselling record sought, and

(b) the reasons grounding the application, including grounds relied on to establish that the counselling record is likely to be relevant to an issue at trial.

(3) Where the disclosure application is by the prosecutor, the notice of motion shall also include a statement that the prosecutor believes that it is in the interests of justice that the counselling record should be disclosed.

(4) The Court may, where it considers it necessary or appropriate, direct or permit the delivery and filing of any affidavit or may hear oral evidence on any motion under this rule.

[SI 380/18]

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