District Court Rules

ORDER 19

REMANDS BY THE COURT

Remand by the court

1. Where an accused person is before the court in connection with an offence the court may remand the accused from time to time as occasion requires and as provided for in section 24 of the Criminal Procedure Act, 1967 (as amended by section 8 of the Courts (No 2) Act, 1986 and as substituted by section 4 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 and section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997.) Where the remand is in custody the warrant of committal shall be in accordance with Form 19.1, Schedule B.

[SI 41/98]

Period of remand by the court

12. (1) The court shall not remand a person, on the occasion of that person’s first appearance before the court charged with a particular offence, for a period exceeding eight days, except where this Order otherwise provides.

(2) Where the court remands a person on bail, it may remand that person for a longer period than eight days if he or she and the prosecutor consent.

(3) Where the court remands a person in custody (other than on the occasion of that persons first appearance before the court charged with a particular offence) it may remand such person for a period not exceeding 15 days, save that where the court is of opinion that in all the circumstances it would be unreasonable to remand the person in custody for a period of 15 days, the period of remand shall be such period of less than 15 days as the court considers appropriate.

(4) Where the court remands a person in custody (other than on the occasion of such person’s first appearance before the court charged with a particular offence), it may remand such person for a period exceeding 15 days but not exceeding 30 days, if the person and the prosecutor consent.

(5)(a) If the Court is satisfied that a person who has been remanded in custody is unable to be brought before the Court at the expiration of the period of remand–

(i) by reason of illness or accident, or

(ii) for any other good and sufficient reason,

the Court may, in the person’s absence, remand that person for such further period, which may exceed fifteen days, as the Court considers reasonable. The warrant of committal shall be in accordance with Form 19.2, Schedule B.

[SI 585/11]

(b) If the court is satisfied that a person who has been remanded on bail is unable by reason or illness or accident to appear before the court at the expiration of the period of remand, the court may, in that person’s absence, remand that person for such further period, which may exceed eight days, as the court considers reasonable.

(6)(a) Where there is no sitting of the court on the day to which a person is remanded in custody, such person shall stand so remanded to the sitting of the court next held in the same District Court district, and the Clerk shall forthwith transmit to the Governor of the prison or the person in charge of the remand institution where such person is detained a certificate in the Form 19.3, Schedule B informing him or her of the time, date and place of such next sitting.

(b) Where there is no sitting of the court on the days to which a person is remanded on bail, such person shall stand so remanded to the sitting of the court next held in the same District Court area.

[SI 41/98]

Committal to custody of Garda Síochána

23. (1) The court may, where it remands a person in custody for a period not exceeding four days, commit such person (Form 19.4, Schedule B) to the custody of a member of the Garda Síochána.

(2) Outside the Dublin Metropolitan Police District the court, before so remanding such person shall satisfy itself that suitable facilities are available for the custody of such person during the period of remand.

Person remanded in custody may be brought before the court before expiration of period

4. Where a person has been remanded in custody the Judge may, if it is expedient in the interests of fair procedure by warrant (Form 18.7, Schedule B) order such person to be brought before him or her at any time before the expiration of the period for which such person has been so remanded, for the further hearing of the charge.

Persons on bail — hearing may be brought forward

5. Where a person is remanded on bail to appear at a specified time and place, the Judge may at any time order such person to appear before him or her at any time prior to the date of the adjourned hearing, and either at the specified place or at any other place, for the further hearing of the charge, and the Clerk shall notify the prosecutor and that person accordingly.

Remands under section 5 1997 Act

6. (1) Where the court before which a person first appears charged with a particular offence, in exercise of the powers conferred by section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, remands that person in custody to appear at a sitting of the District Court (‘alternative court’) in the District Court district in which the prison or place of detention where he or she is to be held in custody is situated or a District Court district adjoining the first-mentioned District Court district, the warrant shall be in accordance with Form 19.1, Schedule B.

(2) Where the alternative court remands a person referred to in paragraph (1) of this rule in custody, the warrant shall be in accordance with Form 19.1, Schedule B.

(3) Where, under the powers conferred by sub-section (3) of section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, the alternative court remands a person for the purpose of the trial of that person to a sitting of the court in the District Court district—

(i) in which the offence to which the trial relates was committed, or

(ii) in which the person resides or was arrested, the warrant shall be in accordance with Form 19.1, Schedule B.

[SI 149/16; SI 194/01; SI 41/98]

____________________

1 Act 12 of 1967 section 24 [SI 41/98]

2 Act 12 of 1967 section 25

Subscribe to our newsletter

Please enable the javascript to submit this form

Contact

Lonsdale Law Publishing

Lonsdale House

Avoca Avenue

Blackrock

Co. Dublin

 

Office Open: Monday – Friday | 9 a.m. – 5.30 p.m. (Irish time) | Tel: +353 (0)1 278 5090 | E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.