District Court Rules

ORDER 22

PROCEDURE ON ACCUSED’S FAILURE TO APPEAR

Failure to appear, on summons or evading service

1. Where a summons is issued requiring the appearance before the court of a person against whom a complaint has been made or an offence has been alleged and such person fails to appear at the required time and place or at any adjourned hearing of the matter, and it is proved to the Judge there present that such person has been served with the summons, or where at any time either before or after the date on which such person is required by the summons to appear an information, in the Form 22.1, Schedule B, is made that he or she is evading service or is about to abscond or has absconded, the Judge may issue a warrant, in the Form 22.2, Schedule B, for the arrest of such person.

Failure to appear, after release or remand on bail

2. Where—

(a) a person who has been arrested and charged with an offence is released on bail by recognisance by a member of the Garda Síochána for his or her appearance before a sitting of the court at a time on a date and at a place specified in the recognisance, or

(b) an accused person is before the court in connection with an offence and, on being remanded, is admitted to bail by recognisance for his or her appearance before a subsequent sitting of the court (either in the same or another place), and that person, having entered into the recognisance, fails to appear at a time on a date and at a place at or on which he or she was bound by the recognisance to appear, the Judge then and there sitting may, on production of the recognisance to him or her, issue a warrant, in the Form 22.3, Schedule B, for the arrest of that person.

Failure to appear, in a case of summary jurisdiction — court may adjourn and notify defendant

3. Where a summons has been issued under section 11(2) of the Petty Sessions (Ireland) Act, 1851 or section 1 of the Courts (No 3) Act, 1986 and served upon the person to whom it is directed by a means of service provided for in section 22(1) of the Courts Act, 1991 and that person neither appears at the time and place specified in the summons nor at the hearing of the complaint or accusation to which the summons relates, and the court, considering it undesirable in the interests of justice, because of the gravity of the offence or otherwise, to continue the hearing in the absence of the person, adjourns the hearing pursuant to section 22(4) of the said Act of 1991 to enable the person to be notified of the adjourned hearing, the Clerk shall, unless the court otherwise directs, issue and serve or cause to be served upon that person a notice in the Form 22.4, Schedule B. Service shall be effected at least 14 days prior to the date of the adjourned hearing and in such manner as the court shall direct. The original notice, with the details of service endorsed thereon, shall be retained by the Clerk and produced to the court at the adjourned hearing.

Failure to appear where defendant claims not to have received summons

4. Where, in any case to which rule 3 hereof relates, the court has proceeded to hear the complaint or accusation to which the summons relates and the defendant, having failed to appear at the said hearing, subsequently claims not to have received the summons or notice of the said hearing, such defendant may make application, as provided for in Order 10, rule 23 of these Rules, to have the proceedings set aside.

5. A single warrant may be issued under this Order in respect of several failures to appear referred to in rules 1 and 2. Any [such] warrant issued under this Order shall contain, either in the body thereof, or attached thereto, sufficient particulars to identify the failure or failures to appear referred to in rules 1 and 2.

[SI 498/08]

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