District Court Rules

ORDER 28A

PROCEEDINGS UNDER PART 10 OF THE CRIMINAL JUSTICE ACT, 2006

1. In this Order, ‘the Act’ means the Criminal Justice Act, 2006 (No 26 of 2006).

[SI 203/07]

2. Where a person has been sentenced to a term of imprisonment and the court makes an order under section 99(1) of the Act suspending the execution of the sentence in whole or in part, subject to the person entering into a recognisance with or without surety to comply with the conditions of, or imposed in relation to, the order, the order and the recognisance shall be in the Form 28A.1, Schedule B.

[SI 203/07]

3. The Clerk shall transmit a copy of any order made under section 99 of the Act by ordinary post to each of the persons referred to in section 99(7) of the Act and, where appropriate, to each of the persons referred to in section 99(8) of the Act.

[SI 203/07]

4. An application by a probation and welfare officer under section 99(6) of the Act for the imposition of any of the conditions referred to in section 99(4) in relation to an order made under section 99(1) of the Act shall, except where the court otherwise directs or permits, be by information on oath and in writing of the probation officer in the Form 28A.2, Schedule B. Such application may be made at any sitting of the court for the court district wherein the accused was convicted. Where the court considers it appropriate to do so, it may issue a warrant to the Governor of the prison where the person is in prison in the Form 28A.3, Schedule B for the production of the person bound by the recognisance to appear before it to answer the application. The order of the court shall be in the Form 28A.1, Schedule B, with such modifications as are necessary.

[SI 203/07]

5. Where the granting of any application under this rule will require the addition of conditions to a recognisance, the original recognisance shall be produced in court. Where the court adds conditions to the recognisance, the person(s) bound shall re-acknowledge the recognisance as so amended before the court on the making of such amendment.

[SI 203/07]

6. An application under section 99(13) of the Act by a member of an Garda Síochána or the Governor of the prison to which a person was committed or under section 99(14) of the Act by a probation and welfare officer to fix a date for the hearing of an application for an order revoking an order under section 99(1) of the Act shall, except where the court otherwise directs or permits, be by information on oath and in writing of the applicant in the Form 28A.4, Schedule B. An application to fix such date may be made at any sitting of the court for the court district wherein the accused was convicted. On the hearing of the application to fix a date, the court shall, if it grants the application, fix a date upon which the application shall be made returnable. For the purpose of informing the person in respect of whom the application will be made of the fixing of a date for the hearing of the application in accordance with section 99(15) of the Act, the Clerk shall give notice to the person concerned by a notice in writing in the Form 28A.5, Schedule B to the person concerned, returnable to such date, to answer the application or, if the person will on the return date be in prison, the court shall issue a warrant to the Governor of the prison where the person is in prison for the production of the person bound by the recognisance in the Form 28A.3, Schedule B to appear before it to answer the application, and such notice shall be given in one of the ways specified in section 99(18) of the Act. Notice of the application shall be given to any surety by sending a copy of the notice or warrant to the surety in accordance with the provisions of Order 10 of these Rules.

[SI 203/07]

7. Where a person who is not in prison fails to appear before the court in answer to a notice issued in accordance with rule 6, a warrant for the arrest of such person may be issued in the Form 22.2, Schedule B, with such modifications as may be necessary.

[SI 203/07]

8. (1) Where the court convicts a person to whom an order made under section 99(1) of the Act applies of an offence committed after the making of the order under section 99(1), and remands such person in custody or on bail under section 99(9) of the Act, the court shall make an order in the Form 28A.14. On the making of such order, the Clerk shall send a certified copy of the order by post to the Registrar, County Registrar or Clerk (as the case may be) of the court to which the person so convicted is to be remanded.

[SI 260/10]

(2) Where an order under section 99(9) of the Act is made remanding the convicted person in custody in accordance with sub-rule (1), the court shall issue a warrant in the Form 28A.15.

(3) Where an order under section 99(9) of the Act is made remanding a convicted person on bail, and the recognisance cannot be entered into immediately, the warrant in the Form 28A.15 shall include the consent to, and conditions of, release in the form of Part B of Form 28A.15 and the recognisance shall be in the Form 18.2A.

[SI 105/09]

(4) Where the court makes an order under section 99(10) of the Act, in respect of a convicted person remanded to appear before it (under section 99(9) of the Act), and remands such person in custody or on bail under section 99(10A) of the Act, the order shall be in the Form 28A.16. On the making of such order, the Clerk shall send a certified copy of the order by post to the Registrar, County Registrar or Clerk (as the case may be) of the court to which such person is to be remanded.

(5) Where an order is made remanding such person in custody under section 99(10A) of the Act, the court shall issue a warrant in the Form 28A.17.

(6) Where an order is made remanding such person on bail under section 99(10A) of the Act, and the recognisance cannot be entered into immediately, the court warrant in the Form 28A.17 shall include the consent to, and conditions of, release in Part B of Form 28A.17 and the recognisance shall be in the Form 18.2B.

[SI 105/09]

(7) Where the court makes an order under section 99(17) of the Act revoking an order made under section 99(1) of the Act, the court shall forthwith issue the appropriate warrant of committal in accordance with Order 25, rule 3, in the Form 25.8, with such modifications, if any, as may be necessary.

[SI 203/08; SI 25/08]

9. The provisions of these Rules which relate to appeals against sentence shall apply with such modifications as may be necessary to appeals under section 99(12) of the Act against the revocation of an order suspending a sentence.

[SI 203/07]

10. Where the court makes an order in accordance with section 100(1)(b) of the Act, the order shall be in the Form 28A.6, Schedule B.

11. The Clerk shall send a copy of any order made in accordance with section 100(1)(b) of the Act by ordinary post to each of the persons referred to in section 100(4) of the Act.

12. For the purpose of giving notice of the specified date to the person in respect of whom the order under section 100(1) of the Act was made, in accordance with section 100(5) of the Act, the Clerk shall issue a notice in writing in the Form 28A.7, Schedule B addressed to that person by name, returnable to such date, and such notice shall be given to that person in one of the ways specified in section 100(13) of the Act. Where that person fails to appear before the court in answer to such notice, a warrant for the arrest of such person may be issued in the Form 22.2, Schedule B, with such modifications as may be necessary.

[SI 203/07]

13. An application by a member of an Garda Síochána under section 100(7) of the Act to fix a date for the hearing of an application for an order imposing the term of imprisonment specified in the court’s order in accordance with section 100(1)(b) of the Act shall, except where the court otherwise directs or permits, be by information on oath and in writing of the member of an Garda Síochána in the Form 28A.8, Schedule B. An application to fix such date may be made at any sitting of the court for the court district wherein the accused was convicted. On the hearing of the application to fix a date, the court shall, if it grants the application, fix a date upon which the application shall be made returnable. For the purpose of giving notice of the fixing of a date for the hearing of the application in accordance with section 100(8) of the Act, the Clerk shall by notice in writing in the Form 28A.9, Schedule B inform the person in respect of whom the application will be made of the date so fixed for the hearing of the application. Such notice shall require the person to appear before the court on the date so fixed and at such time as is specified in the notice and such notice shall be given in one of the ways specified in section 100(13) of the Act. Where that person fails to appear before the court in accordance with the requirement in such notice, a warrant for the arrest of such person may be issued in the Form 22.2, Schedule B, with such modifications as may be necessary.

[SI 203/07]

14. Where the court makes an order under section 100(10) or section 100(12) of the Act imposing a term of imprisonment, the court shall forthwith issue the appropriate warrant of committal in accordance with Order 25, rule 3, in the Form 25.8, with such modifications, if any, as may be necessary.

[SI 203/07]

15. Where the court makes a restriction on movement order in accordance with section 101(1) of the Act, the order shall be in the Form 28A.10, Schedule B. The Clerk shall send a certified copy of any order made in accordance with section 101(1) of the Act by registered post to each of the persons referred to in section 101(12) of the Act.

[SI 203/07]

16. An application under section 103(1) of the Act to vary a restriction on movement order shall be brought before a sitting of the court for the court district in which the offender resides or is to reside while the restriction on movement order is in force by the issue of a notice of application in the Form 28A.11, Schedule B. A copy of such notice shall be served upon each of the persons specified in section 103(1) of the Act not later than seven days before the date fixed for the hearing of the application and the original notice shall be lodged with the Clerk not later than seven days before the date fixed for the hearing of the application. Where the court makes an order varying the restriction on movement order, the order shall be in the Form 28A.10, Schedule B, with such modifications as may be necessary, and the Clerk shall send a certified copy of such order by registered post to each of the persons referred to in section 103(4) of the Act.

[SI 203/07]

17. An application by a member of an Garda Síochána for an order under section 105(1) of the Act shall, except where the court otherwise directs or permits, be by information on oath and in writing of the member of an Garda Síochána in the Form 28A.12, Schedule B. Where the court proposes to exercise its powers under section 105(1), the Clerk shall issue a summons in the Form 28A.13, Schedule B to the person concerned. Such summons shall be served in accordance with the provisions of Order 10. Where that person fails to appear before the court in answer to such summons, a warrant for the arrest of such person may be issued in the Form 22.2, Schedule B, with such modifications as may be necessary.

[SI 203/07]

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