District Court Rules

ORDER 26

ENDORSEMENT, ADDRESSING, EXECUTION AND RE-ISSUE OF WARRANTS

Endorsement as to release on bail

1. A Judge, on issuing any warrant of arrest under this Part of these Rules may, if he or she thinks fit, by endorsement on the warrant (Form 26.1, Schedule B), direct that the person named in the warrant be, on arrest, released on his or her entering into a recognisance with or without sureties, for his or her appearance at a sitting of the court specified in the endorsement, and the endorsement shall fix the amounts in which that person and the sureties (if any) are to be bound.

Addressing of warrants

2. Warrants issued under this Part of these Rules shall be addressed in accordance with the provisions of section 25 of the Petty Sessions (Ireland) Act, 1851, as substituted by section 193 of the Criminal Justice Act, 2006. Save where the court otherwise directs, either on the application of any person or otherwise, where particulars of the Garda Síochána district within which the person named in the warrant resides are available when the warrant is prepared, the warrant shall be addressed to the Superintendent or an Inspector of the Garda Síochána for that Garda Síochána district, but in any other case the warrant shall be addressed to the Superintendent or an Inspector of the Garda Síochána for the Garda Síochána district within which the place where the warrant is issued is situated.

[SI 203/07]

Addressing of warrants — Extradition warrants

3. Warrants issued under sections 26, 27, or 49 of the Extradition Act, 1965, may be addressed to any member of the Garda Síochána in any part of the State and may be executed by any member of the Garda Síochána in any part of the State subject to the provisions of Order 29, rule 12 of these Rules.

Warrants of committal in Dublin Metropolitan District

4. Warrants of committal may, in the Dublin Metropolitan District, be addressed to the Governor of the Prison into whose custody the person is being committed.

[SI 149/16]

In cases of emergency

5. Notwithstanding the provisions of rule 2 hereof, in any case which appears to the court by whom any such warrant is issued, to be a case of emergency, the court may address such warrant to any member of the Garda Síochána within its district, and such member of the Garda Síochána may execute such warrant at any place within the district in which the court issuing such warrant has jurisdiction, but the member of the Garda Síochána to whom any such warrant is so addressed shall, if the time will permit, show or deliver the same to the Superintendent or Inspector under whose command the said member is, who shall proceed in respect of the same according to the Acts regulating the Garda Síochána.

Certain Warrants may be issued or executed at any time

6. A warrant of arrest, or a warrant to commit a person sentenced to imprisonment without the option of a fine, or a search warrant, may be issued or executed on any day and at any time.

Execution of warrants

7. (1) Where, in case of distress, any goods of the person against whom the warrant is issued are found in any place for which the Superintendent or Inspector to whom the warrant is addressed acts, then such Superintendent or Inspector or any other Superintendent or Inspector acting in his or her stead for the time being or any member of the Garda Síochána appointed by any such Superintendent or Inspector shall execute the warrant.

In other parts of the State

(2) Where the goods of such person cannot be found in any place for which such Superintendent or Inspector acts, but may be found elsewhere within the State, that Superintendent or Inspector or any other Superintendent or Inspector acting in his or her stead for the time being, may certify on the warrant (Form 26.2, Schedule B) the place where he or she believes that such goods will be found, and shall forthwith transmit the warrant to the Superintendent of the Garda Síochána who acts for the last-mentioned place, and the warrant shall then be executed as if issued in the first instance to the Superintendent or an Inspector who acts for the last-mentioned place.

(3) The provisions of this rule shall apply notwithstanding that such Superintendent or Inspector does not certify on the warrant the place where he or she believes that the said goods will be found, if such place may be ascertained by other means than such certificate.

[SI 203/07]

Goods seized to be sold by auction and any surplus to be paid to owner

18. (1) Where any goods are seized under a warrant of distress the Superintendent or Inspector of the Garda Síochána to whom the warrant is addressed may sell or authorise any sergeant or member of the Garda Síochána to sell by auction the said goods within such period as shall be specially fixed by the warrant, or, if no period shall be so fixed, then within five days from the day on which they were seized, unless the sum to be levied by the warrant, and also the expenses of taking and keeping such goods, shall have been paid before the goods are sold. Where such goods are sold the surplus, if any, after retaining the amount directed to be levied, together with all reasonable expenses actually incurred in auctioning such goods as well as the expense of taking and keeping the same, shall be paid to the owner of the goods. It shall not be necessary for the person conducting the auction to procure a licence to act as an auctioneer.

Where sale does not satisfy amount to be levied

(2) Where the sale of the said goods does not realise a sum sufficient, after payment of the said expenses, to satisfy the amount ordered to be levied by the warrant, the person to whom the warrant is addressed shall certify thereon accordingly and return the warrant with that certificate endorsed thereon to the court which issued the same.

Payment to stay execution

(3) Where any person against whom any such warrant is issued pays or tenders to the person having the execution of the warrant the sum in such warrant mentioned, or produces the receipt of the Clerk for the same, and also pays the amount of the expenses of any distress up to the time of such payment or tender, the person having the execution of such warrant shall refrain from executing the same.

If payment made after committal, prisoner to be discharged

(4) Where a person who is apprehended under any warrant of committal pays or causes to be paid to the Governor of the prison in which he or she is imprisoned the sum in the warrant mentioned or such reduced sum as may be determined in accordance with the provisions of section 3 of the Criminal Justice Administration Act, 1914, the said Governor shall receive the same and shall thereupon discharge such person if he or she be in the Governor’s custody for no other matter.

Receipt for prisoner

9. Where a warrant to commit a person to prison is issued, the officer or member of the Garda Síochána or other person whose duty it is to convey such person to prison shall deliver the said warrant and the said prisoner to the Governor of the prison named in the warrant, who shall thereupon give to such officer, member or other person a receipt for such prisoner (Form 26.3, Schedule B) but, if the said prisoner is already in the custody of the Governor, the warrant only shall be delivered, or transmitted by post. The Governor shall, subject to the provisions of section 3 of the Criminal Justice Administration Act, 1914, detain the said prisoner for such period and in such manner as is stated in the warrant, and in case of adjournment or remand, or the issue of a body warrant, the Governor shall cause the prisoner to be brought before the court as is specified and at such time and place as is named in the warrant.

Sums to be paid to Clerk

10. (1) Where a warrant to levy a penalty is issued, the member of the Garda Síochána executing such warrant shall pay the sum levied under it to the appropriate Clerk in accordance with the provisions of the Fines Act (Ireland), 1851.

(2) Where a warrant to levy any sum other than a penalty is issued the member of the Garda Síochána executing such warrant shall pay the sum levied under it to the Clerk of the court from which the warrant was issued and such Clerk shall pay it to the person entitled to receive it in such manner and subject to such account (if any) as the court directs.

Return of unexecuted warrants — court may reissue

11. Where a warrant, other than—

(a) a warrant for the arrest of a person charged with an indictable offence;

(b) a warrant for the arrest of a person who has failed to appear in answer to a summons in respect of an offence;

(c) a bench warrant for the arrest of a person who has failed to appear in compliance with the terms of a recognisance, or

(d) a search warrant is addressed, transmitted or endorsed for execution, to any person and he or she is unable to find the person against whom the warrant has been issued or to discover where that person is or where he or she has goods, such person having the execution of the warrant shall return the warrant to the court which issued the same (within such time as is fixed by the warrant or within a reasonable time, not exceeding six months where no time is so fixed) with a certificate (Form 26.4, Schedule B) endorsed thereon stating the reason why it has not been executed, and the court may re-issue the said warrant, after examining any person on oath if the court thinks fit so to do concerning the non-execution of the warrant, or may issue any other warrant for the same purpose from time to time as shall seem expedient.

____________________

1 Petty Sessions (Ireland) Act, 1851 section 32

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