District Court Rules

ORDER 23

TRIAL OF SUMMARY OFFENCES

I. Application and Interpretation

Application

1. (1) The provisions of this Order apply to any fine and to any penal sum referred to in section 1 of the Courts (No 2) Act, 1991 or section 23 of the Petty Sessions (Ireland) Act, 1851 and references in this Order to a “fine” include reference to any such penal sum.

(2) The provisions of this Order also apply to indictable offences being dealt with summarily.

Interpretation

2. In this Order:

the “2014 Act” means the Fines (Payment and Recovery) Act, 2014 (No 7 of 2014);

“employer” has the same meaning as in the 2014 Act;

a “permitted method of service” means a method of service permitted by section 21 of the 2014 Act.

II. Appearances

Where accused appears and admits complaint

3. Where the accused, personally or by solicitor or counsel appears and admits the truth of the complaint made against him or her, the Court may if it sees no sufficient reason to the contrary, convict or make an order against him or her accordingly, but if the accused does not admit the truth of the complaint, the Court shall, subject to the provisions of rule 4, proceed to hear and determine the complaint.

Where accused does not appear

4. Subject to the provisions of Order 22, rule 3, where the accused is not present and is not represented to answer the complaint and, in the case of a summons it appears to the Court that the summons was duly served, the Court may proceed to deal with the complaint or may issue a warrant for the arrest of the accused.

Where prosecutor does not appear

5. Where the accused (or his or her representative) is present at the required time and place and the prosecutor (or his or her representative) is not present, the Court may strike out, dismiss without prejudice or adjourn the hearing of the complaint.

III. Fines

Matters to be considered in fixing amount

6. (1) Where the Court imposes a fine it shall, in fixing the amount of the fine take into consideration amongst other things the person’s financial circumstances in accordance with section 5 of the 2014 Act.

(2) Where the fined person is present at a hearing when a fine is imposed, the requirement of section 6(3) of the 2014 Act may be met by informing the person of the options available under section 6(1)(a) of the 2014 Act orally at that hearing.

(3) Where the Court issues a notice in writing under section 5(5) of the 2014 Act requiring a person to attend before the Court and provide the Court with such information as the Court may require in relation to his or her financial circumstances, the notice may be in the Form 23.1, Schedule B. The Clerk shall serve any such notice by ordinary post on the person convicted at the address at which the person convicted ordinarily resides or, in a case in which an address for service has been furnished to the Clerk, to that address, unless the Court otherwise directs.

Time for payment

7. (1) The Court may, subject to the availability to the accused person of the option under section 6(1)(a)(ii) of the 2014 Act, order that a fine shall be paid within such period, not less than 14 clear days, as it thinks fit to fix for the purpose, and if it fixes no period, the fine shall be paid within the period of 14 clear days from the date of the order, and on subsequent application by or on behalf of the accused, it may allow such further time for payment as it thinks fit.

(2) Where the Court is satisfied that the accused person is possessed of sufficient means to enable him or her to pay the penalty forthwith, or that the accused has no fixed abode within the jurisdiction, or if the accused, on being asked if he or she desires time for payment, does not express any such desire, or if for any special reason the Court expressly directs that no time shall be allowed for payment, it may in accordance with section 1 of the Criminal Justice Administration Act 1914 order that the penalty shall be paid forthwith, and where no time is allowed the reason therefor shall be stated in the warrant of committal.

Notice to fined person

8. (1) Where a fine has been imposed by the Court, there shall be issued by or on behalf of the Clerk a notice in the Form 23.2, Schedule B to the fined person stating that a fine has been imposed, the amount of the fine and the time within which the fine is to be paid. The notice shall inform the fined person of the option to pay by a single payment or by instalments, where allowed, in accordance with section 6 of the 2014 Act and of the consequences of failure to pay the fine by the due date for payment or, as the case may be, failure to pay a relevant instalment in the circumstances mentioned in section 7(3) of the 2014 Act, in accordance with section 7 of the 2014 Act. Any such notice shall be served by ordinary post on the person convicted at the address at which the person convicted ordinarily resides or, in a case in which an address for service has been furnished, at that address, unless the Court has otherwise directed.

(2) The failure to comply with the provisions of this rule, or any omission from or misstatement in the notice shall not in any way prejudice any subsequent proceedings in relation to the fine, or the issue by the Court of any warrant, save by order of the Court.

Notice to attend Court in default of payment

9. (1) The Clerk may at any time after the due date for payment issue a notice in the Form 23.3, Schedule B, for the purposes of section 7(4) of the 2014 Act requiring the fined person who has not paid the fine (or, as the case may be, a relevant instalment) by the due date for payment in accordance with the 2014 Act, requiring a fined person to appear before the Court at a date and time specified in the notice (in this Order, the “Court date”).

(2) The statement in writing of the financial circumstances of the fined person shall be in the Form 23.4, Schedule B.

Recovery orders

10. (1) An order appointing an approved person or sheriff to carry out the functions set out in section 8(1)(b) of the 2014 Act shall be in the Form 23.5, Schedule B.

(2) An application under section 8(6) of the 2014 Act to the Court by a receiver appointed under a recovery order made by the Court for directions in relation to the performance of his or her functions under the 2014 Act shall be preceded by the issue of a notice of application in the Form 23.6, Schedule B. The original notice shall be lodged with the Clerk not less than two days before the date fixed for hearing the application.

(3) The receiver shall produce on the hearing of the application a copy of the recovery order given to him or her by the Courts Service pursuant to section 8(2)(a) of the 2014 Act.

(4) The Court may adjourn an application under this rule and direct that notice of the application be given to the person in respect of whom the recovery order was made or to any other person.

(5) A notice by a receiver to the Court for the purposes of section 11(1) of the 2014 Act shall be in the Form 23.7, Schedule B and shall be lodged with the Clerk.

(6) On receipt of a notice for the purposes of section 11(1) of the 2014 Act the Clerk shall issue a notice directed to the fined person for the purposes of section 11(2) of the 2014 Act in the Form 23.3, Schedule B.

(7) The Clerk shall serve the notice issued under sub-rule (6) by ordinary post to the fined person at the address at which the fined person ordinarily resides or, in a case in which an address for service has been furnished to the Clerk, to that address, unless the Court has otherwise directed.

(8) A warrant issued in accordance with section 11(4)(a) of the 2014 Act on the failure of the fined person, without reasonable excuse, to appear before the Court as required by the notice issued under sub-rule (6) shall be in the Form 22.2, Schedule B with the necessary modifications.

Attachment orders

11. (1) Where the Court makes an attachment order in accordance with section 14(1) of the 2014 Act, the order of the Court shall be in accordance with Form 23.8, Schedule B.

(2) The Clerk shall cause the order to be served by registered pre-paid post to the employer’s residence or place of business, and shall cause a copy of the order to be served by ordinary post to the fined person at the address at which the fined person ordinarily resides or, in a case in which an address for service has been furnished to the Clerk, to that address unless the Court has otherwise directed.

(3) Where sums deducted by the employer are directed in accordance with the Court’s order to be paid to the Clerk, the Clerk shall issue a receipt for each payment made by any such employer.

(4) A notice under section 15(4), section 15(5) or section 15(6) of the 2014 Act may be by letter in writing and shall be addressed to the Clerk.

(5) Whenever the Clerk receives a notice under section 15(4), section 15(5) or section 15(6) of the 2014 Act, he may re-enter the matter before the Court. The Court may direct the Clerk to issue a notice requiring the fined person to attend at the further hearing. The terms of a variation order may be endorsed on a copy of the attachment order and re-signed by the Judge.

(6) The Clerk shall cause the variation order to be served on the employer and on the fined person in accordance with sub-rule (2).

(7) A notice under section 16(1) of the 2014 Act may be by letter in writing and shall be addressed to the Clerk.

(8) Whenever the Clerk receives a notice that the fined person has changed employment as referred to in section 16(1)(a)(ii)(I) of the 2014 Act, he may re-enter the matter before the Court. The Court may direct the Clerk to issue a notice requiring the fined person to attend at the further hearing. The new attachment order shall be in accordance with Form 23.8, Schedule B, with the necessary modifications.

(9) On receipt of a notice referred to in section 16(2)(a) or (b) of the 2014 Act or on the revocation of an attachment order under section 14(4)(b) of the 2014 Act, the Clerk shall, unless otherwise directed by the Court, issue a notice directed to the fined person for the purposes of section 16(3) of the 2014 Act in the Form 23.3, Schedule B.

(10) The Clerk shall serve the notice issued under sub-rule (9) by ordinary post to the fined person at the address at which the fined person ordinarily resides or, in a case in which an address for service has been furnished to the Clerk, to that address unless the court has otherwise directed.

(11) A warrant issued in accordance with section 16(5)(a) of the 2014 Act on the failure of the fined person, without reasonable excuse, to appear before the Court as required by the notice issued under sub-rule (9) shall be in the Form 22.2, Schedule B with the necessary modifications.

Community Service Order

12. Where the Court makes a community service order in accordance with the Criminal Justice (Community Service) Act, 1983 as amended by section 19 of the 2014 Act, the order of the Court shall be in accordance with Form 30.1, Schedule B.

Imprisonment in default

13. (1) An order of imprisonment made in accordance with section 2(1) of the Courts (No 2) Act, 1986, where the conditions of that section are met, at a sitting of the Court on the date specified in the notice concerned under section 7(4), section 11(2) or section 16(3) of the 2014 Act, shall be for a term not exceeding the appropriate period specified in the following table:

(1) (2) (3)
Reference number Amount of fine Period of imprisonment
1 Not greater than €500 5 days
2 Greater than €500 but not greater than €1,500 10 days
3 Greater than €1,500 but not greater than €3,000 20 days
4 Greater than €3,000 30 days

(2) Such imprisonment shall be terminated on payment of the balance then due of the fine, or shall be reduced on payment of part of the fine in accordance with the provisions of section 3 of the Criminal Justice Administration Act, 1914.

Payment of compensation

*14. Where any sum is awarded under the provisions of any Act as compensation for damage, or as the value of any article, or as the amount of any injury done, it shall be paid as compensation to the person aggrieved; but where the person aggrieved is unknown, such sum shall be applied and accounted for in the same way as any fine; and where several persons join in the commission of the same offence, and each is ordered to pay any such compensation, value or amount as aforesaid, not more than the amount of the damage or injury done or the value of the article shall be paid to the person aggrieved, and any further sum forfeited shall be applied and accounted for in the same way as any fine.

Appropriation of fines

15. It shall not be necessary for the Court, when imposing a fine, to make an order relating to the method of disposing of the fine in any case where provision is already made by law for the disposal thereof.

IV. Particular Cases

Order under section 3 of the Criminal Justice (Public Order) Act, 2003

16. Where the Court makes an order under section 3 of the Criminal Justice (Public Order) Act, 2003, the order shall be in the Form 23.9, Schedule B. The Clerk shall send a copy of such order by ordinary prepaid post to the person who has been convicted at his or her last known or most usual place of abode, and to any other person the Court directs be given a copy of such order.

Orders under the Criminal Justice (Psychoactive Substances) Act, 2010

17. (1) A closure order under section 10 of the Criminal Justice (Psychoactive Substances) Act 2010 shall be in the Form 23.10, Schedule B. The Clerk shall send a copy of such order by ordinary prepaid post:

(a) to the person who has been convicted, at his or her last known or most usual place of abode;

(b) to the owner or occupier of any place to which the order relates, at that place, and

(c) to any other person the Court directs in accordance with section 10(3)(c) of the Act of 2010 be given a copy of such order.

(2) An application to the Court pursuant to section 11 of the Criminal Justice (Psychoactive Substances) Act, 2010 for an order varying or discharging a closure order may be made at any sitting of the Court for the court district in which are situated the premises to which the closure order relates. Save where the Court otherwise directs or permits, such an application shall be preceded by the issue of a notice of application in the Form 23.11, Schedule B. A copy of the notice of application (with a copy of the closure order appended) shall be served upon the prosecutor in the proceedings in which the closure order was made and on any other relevant person mentioned in section 11(3) of that Act not later than four days before the date fixed for the hearing of the application, and the original notice of application (with a copy of the closure order appended) shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. Where the Court makes an order varying the closure order, the order shall be in the Form 23.12, Schedule B.

Notice under section 78(2) of the Consumer Protection Act, 2007

18. A written notice served by the accused on the prosecutor under and for the purposes of section 78(2) of the Consumer Protection Act, 2007 (No 19 of 2007) in any proceedings which may be determined by the Court shall be in the Form 23.13, Schedule B . A copy of the notice together with proof of service thereof shall be lodged with the Clerk.

[SI 19/16]

____________________

* Petty Sessions (Ireland) Act, 1851 [section 22 (7)].

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.