District Court Rules

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 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

12. (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.

23. Where a person is arrested pursuant to a warrant later than 5 p.m. 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.

Release on bail in certain cases by members of Garda Síochána

34. (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 (if any) 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 30 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 30 days immediately following such next sitting.

[SI 41/08; SI 41/98]

(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 recognisance 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 recognisance to appear.

[SI 105/09]

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

Endorsement on warrants as to release on bail

45. (1) Where the court issues a warrant for the arrest of a person, the court may by endorsement on the warrant direct that the person named in the warrant be on arrest released on his or her entering into a recognisance, with or without a surety or sureties, conditioned for his or her appearance before the court on such date and at such time and place as may be specified in the endorsement, and the endorsement shall fix the amounts (if any) in which the person and his or her surety or sureties (if any) are to be bound and shall specify any other conditions of the recognisance.

(2) Where such an endorsement is made, the member of the Garda Síochána in charge of the Garda Síochána Station to which on arrest the person named in the warrant is brought shall discharge him or her upon his or her entering into a recognisance in the Form 18.2, Schedule B, with or without surety or sureties, approved by that member and upon the payment of such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the court has determined.

(3) Any moneys paid to a member of the Garda Síochána under this rule shall be deposited by him or her with the District Court clerk for the District Court area where the courthouse at which the arrested person is conditioned to appear is situate.

[SI 41/08]

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

7. (1) An application under section 30(4) of the Offences against the State Act, 1939 for a warrant to further detain a person detained pursuant to a direction under section 30(3) of the Act shall be in the Form 17.4, Schedule B by a member of the Garda Síochána not below the rank of Superintendent.

(2) A warrant issued on foot of such information shall be in the Form 17.5, Schedule B.

[SI 166/00]

8. (1) An application for a warrant to arrest under section 30A(1) of the Offences against the State Act, 1939 shall be by the information on oath and in writing in the Form 17.6, Schedule B of a member of the Garda Síochána not below the rank of Superintendent.

(2) A warrant issued on foot of such information shall be in the Form 17.7, Schedule B.

[SI 166/00]

9. (1) An application for a warrant to arrest a prisoner under section 42 of the Criminal Justice Act, 1999 shall be by the information on oath and in writing in the Form 17.8, Schedule B by a member of the Garda Síochána not below the rank of Superintendent.

(2) A warrant issued on foot of such information shall be in the Form 17.9, Schedule B.

[SI 194/01]

10. (1) An application under paragraph (g) of section 2(2) of the Criminal Justice (Drug Trafficking) Act, 1996 by a member of the Garda Síochána not below the rank of Chief Superintendent or under paragraph (h) of section 2(2) of the Criminal Justice (Drug Trafficking) Act, 1996 by a member of the Garda Síochána not below the rank of Chief Superintendent for a warrant to further detain a person detained pursuant to that Act shall be by information on oath and in writing and shall be in the Form 17.11, Schedule B. A warrant issued on foot of such information shall be in the Form 17.12, Schedule B.

(2) An application for a warrant to arrest under section 4 of the Criminal Justice (Drug Trafficking) Act, 1996 shall be by the information on oath and in writing in the Form 17.12A, Schedule B of a member of the Garda Síochána not below the rank of Superintendent. A warrant issued on foot of such information shall be in the Form 17.12B, Schedule B.

[SI 33/10]

11. An application under section 50 of the Criminal Justice Act, 2007 for a warrant to further detain a person detained pursuant to a direction or warrant under that section shall be by information on oath and in writing in the Form 17.13, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the Form 17.14, Schedule B.

[SI 41/08]

12. An information on oath for a warrant to arrest a person under section 51(1) of the Criminal Justice Act, 2007 shall be in writing in the Form 17.15, Schedule B by a member of the Garda Síochána not below the rank of superintendent. A warrant issued on foot of such information shall be in the Form 17.16, Schedule B.

[SI 41/08]

13. An application under section 50 of the Criminal Justice Act, 2007 as applied by section 51(3) of that Act for a warrant to further detain a person detained pursuant to a warrant under section 51(1) of that Act shall be by information on oath and in writing in the Form 17.17, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the Form 17.18, Schedule B.

[SI 41/08]

14. A certificate for the purposes of paragraph (i) of:

(a) section 30(4D) of the Offences Against the State Act, 1939,

(b) section 2(7A) of the Criminal Justice (Drug Trafficking) Act, 1996 or, as the case may be,

(c) section 50(9) of the Criminal Justice Act, 2007, shall be in the Form 17.19, Schedule B.

[SI 33/10]

____________________

1 Act 2 of 1951 section 15

2 Act 2 of 1951 section 15 [SI 41/98]

3 Act 12 of 1967 section 31

4 Act 12 of 1967 section 30(2)

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