District Court Rules

ORDER 18

PROCEDURE ON ADMITTING TO BAIL

Admission to bail

11. Subject to rule 2, a Judge shall admit to bail a person charged before him or her with an offence if it appears to that Judge in accordance with the Criminal Procedure Act, 1967 and Bail Act, 1997 to be a case in which bail ought to be allowed and if such person is granted bail, the Judge shall determine the amount (if any) conditioned by such bail and whether the bail shall be with or without a surety or sureties, the amount (if any) in which each surety (if any) shall be bound, and any other conditions of bail. The provisions of this Order which relate to the payment of money or the giving of security shall not apply where bail is allowed otherwise than conditioned on an amount of money.

[SI 41/08]

Bail in cases of treason, murder, and certain other offences

22. A person charged with any of the following offences shall not be admitted to bail except by order of the High Court:

(a) treason,

(b) an offence under section 2 and 3 of the Treason Act, 1939,

(c) an offence under section 6, 7 and 8 of the Offences Against the State Act, 1939,

(d) a grave breach such as is referred to in section 3(1)(i) of the Geneva Conventions Acts, 1962,

(e) an offence under section 9 of the Official Secrets Act, 1963 or an offence under Part II of that Act committed in a manner prejudicial to the safety or preservation of the State,

(f) murder, attempt to murder, conspiracy to murder or piracy, including an accessory before or after the fact,

(g) an offence under section 3, as amended, of the Geneva Conventions Act, 1962 or an offence under section 7 or 8 of the International Criminal Court Act, 2006,

(h) an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000,

(i) the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence,

(j) the offence of killing or attempted killing under paragraph (h) or (j) of section 2(1) of the Maritime Security Act, 2004,

(k) the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act, 2005 or an attempt to commit such offence,

(l) an offence under section 71, 71A, 72 or 73 of the Criminal Justice Act, 2006.

[SI 33/10]

Sufficiency of sureties

3. Before taking a recognisance the court shall in every case satisfy itself as to the sufficiency and suitability of any person proposed to be accepted as a surety for the purpose of bail.

[SI 194/01]

34. Refusal of bail at a particular appearance before the court shall not prevent a renewal of the application for bail at a subsequent appearance or while the accused is in custody awaiting trial.

5. (1) Where a court admits a person who is in custody to bail the person shall not be released until there has been paid into court 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.

[SI 41/08]

(2)(a) Where a court admits a person to bail, the court may, in lieu of the payment of moneys into court by the person or, where a surety or sureties are required by the court, by his or her sureties, accept as security such instrument which is evidence of the title of a person to property (other than land or any estate, right or interest in or over land) as it considers adequate.

(b) Where a bank, building society, credit union or post office deposit book is accepted as security by a court the court shall make an order directing the bank, building society or credit union concerned or an Post as the case may be, not to permit the moneys on deposit to be reduced below—

(i) an amount equal to the amount required to be paid into court, or

(ii) the amount then on deposit whichever is the lesser.

(c) An Order made under section 5(2)(b) of the Bail Act, 1997 shall be in the Form 18.9 and shall be served by the Clerk on the relevant bank, building society credit union or An Post by prepaid ordinary post.

(d) Where the court makes an order as aforesaid the instrument shall be held in the custody of the District Court Clerk until the order is discharged.

(3) Where the court decides to admit a person to bail with one or more sureties it may direct that a sum of money equivalent to the amount of bail be accepted in lieu of such surety or sureties. Such sum is additional to any amount specified in accordance with rule 1. Where under the Criminal Procedure Act, 1967 or the Bail Act, 1997 any moneys are required to be paid into court under a recognisance by a person in custody, or by any surety or sureties as a condition of that recognisance, or any security accepted in the court in lieu of such payment is required to be lodged in court, such moneys so payable or such security so accepted by the court may be paid into court or lodged in court in accordance with section 5(5) of the Bail Act, 1997 by payment to or lodgment with:

(a) a Judge of the District Court,

(b) a District Court Clerk,

(c) a peace commissioner designated for that purpose by order of the Minister for Justice and Law Reform,

(d) the Governor of a prison, or

(e) a prison officer designated for that purpose by the Governor of a prison in accordance with section 22(3) of the Criminal Procedure Act, 1967, taking the recognisance of that person or surety for and on behalf of the District Court Clerk for the District Court Area in which the order admitting to bail was made.

[SI 260/10; SI 41/08]

(4) On lodgment of the required sums or security with—

(a) the Clerk of the court area in which the order admitting to bail was made, or

(b) a person mentioned in sub-rule (3) with whom such lodgment is deemed to be a payment into court, and on completion of the recognisance in the 18.1, 18.2, 18.2A, 18.2B or 18.3 as appropriate, the person shall be released if he or she is in custody for no other cause than the offence in respect of which bail is granted.

[SI 260/10; SI 105/09]

(5) The Clerk or person mentioned in sub-rule (3) receiving such moneys shall issue a receipt for each lodgment and shall complete the certificate of such lodgment on the recognisance.

[SI 260/10; SI 41/08; SI 194/01]

6. The court shall direct that a copy of the recognisance containing the conditions of the recognisance be given to the accused person and to any surety or sureties.

[SI 194/01]

7. A person mentioned in rule 5(3) shall deposit any money received by him in accordance with rule 5 with the Clerk of the court area in which is situate the court before which such person is to appear.

[SI 260/10; SI 41/08]

8. Where the recognisance is conditioned for the appearance of such person before a court other than a sitting of the District Court the money shall be deposited by the Clerk or person mentioned in rule 5(3) receiving it with the appropriate County Registrar or the appropriate officer of the Central Criminal Court or the Special Criminal Court as the case may be.

[SI 260/10; SI 41/08]

9. The Clerk or person mentioned in rule 5(3), as the case may be, shall give a receipt for the money lodged to the party entering into the recognizance.

[SI 260/10; SI 41/08]

Repayment of deposit

10. (1) Where a person charged with an offence is admitted to bail by a court and —

(a) he or she is discharged in relation to that offence,

(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or

(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty, and if all of the conditions of any recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order (Form 18.6) discharging the recognisance, directing that the amount of any moneys paid into court by any person in connection therewith shall be repaid to the person, discharging any order made under section 5(2) of the Bail Act, 1997 and releasing any security accepted by the court under that subsection.

(2) Where the court makes an order discharging a direction under section 5(2)(b) of the Bail Act, 1997, the clerk shall serve a copy of said order in the Form 18.10 by prepaid ordinary post on the relevant bank, building society or credit union or An Post.

[SI 41/08]

Consent to bail on committal warrant

11. Where a recognisance is not perfected forthwith the Judge may certify on the committal warrant a consent to such person being bailed, stating the amount (if any) of bail required.

[SI 41/08]

Where person committed to prison without bail — bail may subsequently be granted

12. Where on remand or on sending forward for trial or sentence a person is committed to prison without bail the Judge may, at any time prior to the day of the adjourned hearing or the first day of the sittings of the court to which such person has been sent forward for trial or sentence, determine that such person be admitted to bail, and may by body warrant (Form 18.7, Schedule B) cause such person to be brought before him or her for the purpose of being so admitted to bail, or by certificate (Form 18.8, Schedule B) signify to the Governor of the prison his or her consent to bail, stating the amount of bail required. Peace Commissioner may admit to bail in prison

13. Where a certificate of consent to bail is granted, a Judge, a District Court Clerk, a peace commissioner designated in accordance with section 22 of the Criminal Procedure Act, 1967, the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act, 1967 of the prison wherein the person is in custody shall, on production of the certificate, admit such person to bail as directed by the certificate, at any time before the day of the adjourned hearing if such person is on remand or before the first day of the sittings of the court before which such person is to be tried or sentenced if he or she has been sent forward for trial or sentence.

[SI 41/08]

Taking recognisance of sureties unable to attend

14. Whenever it is not convenient for a surety to attend at the prison wherein the person is in custody to join with that person in the recognisance then a Judge, peace commissioner or District Court Clerk having jurisdiction in the place where the proposed surety resides may take the recognisance and shall then cause it to be forwarded to the Clerk of the court area wherein the order committing the person was made. Such Clerk shall transmit the recognisance of the surety to the Governor of the prison wherein the person is in custody and thereupon a Judge, a District Court Clerk, a peace commissioner designated in accordance with section 22 of the Criminal Procedure Act, 1967, the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act, 1967 of the prison may (upon production of the recognisance already taken from the surety) take the recognisance of such person and admit him or her to bail.

[SI 41/08]

Governor to release person on completion of recognisance

15. Where a Judge, a District Court Clerk, a peace commissioner designated in accordance with section 22 of the Criminal Procedure Act, 1967, the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act, 1967 of the prison admits to bail a person there in custody, and in respect of whom a certificate of consent to bail has been granted, the Governor shall thereupon release such person unless he or she is in custody for a cause other than the offence in respect of which bail is granted.

[SI 41/08]

Transmitting recognisance to Clerk

16. A recognisance taken by a Judge, a District Court Clerk, a peace commissioner designated in accordance with section 22 of the Criminal Procedure Act, 1967, the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act, 1967 of the prison shall be transmitted to the Clerk of the court before which the person is bound by the recognisance to appear.

[SI 41/08]

Provisions to apply to witness

17. The provisions of this Order shall, with any necessary adaptations, apply to a witness who is granted bail or is remanded in custody with of without consent to bail.

May be taken at any time

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

____________________

1 Act 12 of 1967 section 28(1)

2 Act 12 of 1967 section 29(1)

3 Act 12 of 1967 section 28(2)

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