District Court Rules

PART II

CRIMINAL PROCEEDINGS

ORDER 13

VENUE

11. Criminal proceedings shall be brought, heard and determined —

(a) in the court area wherein the offence charged or, if more than one offence is stated to have been committed within a Judge’s district, any one of such offences is stated to have been committed; or

(b) in criminal cases where no offence has been charged, in the court area wherein the offence is stated to have been committed; or

(c) in the court area wherein the accused has been arrested; or

(d) in the court area wherein the accused resides; or

(e) in the court area specified by order made pursuant to the provisions of section 15 of the Courts Act, 1971; or

(f) in a case to which section 79A(1)2 of the Courts of Justice Act, 1924 applies, in any court area within any 6 of the districts referred to in that subsection, or

(g) in the case of proceedings under any provision of the Companies Acts referred to in section 240A of the Companies Act, 1963 against a company or an officer of a company, in the court area in which the registered office of the company is situated or in any other court area permitted by that section.

[SI 41/08; SI 203/07]

Indictable offences

2. Where the proceedings are in respect of indictable offences such proceedings may be dealt with in any court area within the Judge’s district.

Summary proceedings where accused is in custody

3. Where the proceedings are in respect of summary offences and the accused is in custody and is unable to give bail for his or her appearance at a sitting of the court such proceedings may be heard and determined in any court area within the Judge’s district.

Power of Judge

4. Nothing in this Order shall limit the power of a Judge to adjourn a case from one court area to another, nor restrict any statutory power conferred upon or vested in a Judge to exercise his or her jurisdiction in any court area other than in one of those mentioned in this Order.

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1 Act 10 of 1924 section 79; District Court (Areas) Order, 1961

2 Inserted by section 178 of the Criminal Justice Act, 2006.

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