District Court Rules

ORDER 28

RECOGNISANCES UNDER THE PROBATION OF OFFENDERS ACT, 1907

1. A recognisance under the Probation of Offenders Act, 1907, shall be in accordance with Form 28.1, Schedule B.

Breach of recognisance

2. Where a person is bound by a recognisance entered into by him or her under the law relating to the Probation of Offenders to appear for conviction or sentence when called on, a Judge on being satisfied by information on oath (Form 28.2, Schedule B) that such person has failed to observe a condition of the recognisance, may issue a warrant (Form 28.3, Schedule B) to arrest such person, or, if he or she thinks fit, instead of issuing a warrant in the first instance may issue a summons (Form 28.4, Schedule B) requiring such person to appear at a court and on a date and at a time specified in the summons, and may also by the said summons, if he or she thinks fit, direct such person’s sureties (if any) to appear at the said court.

Procedure on arrest

3. When such person is arrested he or she shall, if not brought forthwith before the court before which he or she is bound by the said recognisance to appear, be brought before a Judge in the district where he or she has been arrested, and such Judge may remand such person in custody or on bail to appear before the court before which he or she is bound by the said recognisance to appear.

4. Where the court before which such person is summoned to appear is not the court before which he or she is bound by the said recognisance to appear, the Judge before whom such person appears in answer to the summons may remand him or her in custody or on bail to appear before such last mentioned court.

5. A Judge shall not remand a person in custody for a period exceeding eight days.

6. An application by a Probation Officer under section 5 of the Probation of Offenders Act, 1907 to vary the terms or conditions of a recognisance entered in accordance with rule 1 shall, except where the court otherwise directs or permits, be by information on oath and in writing of the Probation Officer in the Form 28.5, Schedule 8. Such application may be made at any sitting of the court for the court district wherein the offender is bound by the recognisance to appear. Where the court issues a summons to the person bound by the recognisance to appear before it to show cause why such variation should not be made, such summons shall be in the Form 28.6, Schedule 8, and shall be served upon the person bound by the recognisance and each surety (if any) at least four days prior to the date fixed for the hearing thereof.

[SI 544/06]

7. An application by a Probation Officer to discharge a recognisance entered in accordance with rule 1 may be made at any sitting of the court for the court district wherein the offender is bound by the recognisance to appear. Such application shall be preceded by the issue of notice of the application in the Form 28.7, Schedule 8, which shall be served upon the person bound by the recognisance and each surety (if any) at least four days prior to the date fixed for hearing the application. Where the court considers it appropriate, it may dispense with the requirement to give such notice.

[SI 544/06]

8. On any application to vary the terms or conditions of the recognisance, or to discharge a recognisance, the original recognisance shall be produced in court. Where the court varies the terms or conditions of the recognisance, the persons bound shall re-acknowledge the recognisance as so varied before the court on the making of such variation. Where the court discharges the recognisance, the discharge shall be endorsed on the recognisance by the Judge.

[SI 544/06]

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