District Court Rules

ORDER 30

COMMUNITY SERVICE

Definitions

1. In this Order—

‘the Act’ means the Criminal Justice (Community Service) Act, 1983 (No 23 of 1983);

‘district of residence’ has the meaning assigned to it by section 6 of the Act;

‘offender’ has the meaning assigned to it by section 2 of the Act;

‘relevant officer ’ means a probation and welfare officer discharging functions under the Act.

Community service order

2. A community service order made by the court under section 3 of the Act shall be in the Form 30.1, Schedule B.

Applications by a relevant officer

3. (1) Complaint by a relevant officer of an offence under section 7(4) of the Act shall be brought before the court by issuing and serving upon the offender a summons in the Form 30.2, Schedule B.

(2) An application under section 9, 10(1) or 11(1) of the Act, when made by a relevant officer, shall be brought before the court by issuing and serving upon the offender a summons in the Form 30.3, Schedule B.

(3) A summons issued under this rule shall be served upon the offender by a member of the Garda Síochána at least seven days before the date fixed for the hearing of the summons or by registered prepaid post in accordance with Order 10.

[SI 313/07]

Applications by an offender

4. (1) An application under section 9, 10(1) or 11(1) of the Act, when made by an offender, shall be brought before the court by issuing and serving upon the relevant officer a notice of application in the Form 30.4, Schedule B.

(2) Such notice shall be served by giving, or sending by ordinary prepaid post, to the relevant officer a copy thereof at least seven days before the date fixed for the hearing of the application.

Lodgment with the Clerk

5. The original of every summons and every notice of application served under this Order shall be lodged with the Clerk at least four days before the date fixed for the hearing thereof.

Order on change of residence by offender

6. An order of the court under section 10(1) of the Act shall be in the Form 30.5, Schedule B.

Clerk to send copies of orders

7. (1) Where the court makes a community service order and the Judge so making is not the Judge assigned to the district of residence, the Clerk shall forthwith send a certified copy of the order by ordinary post to the latter Judge.

(2) Where the court makes, or amends under section 10(1) of the Act, a community service order, the Clerk shall forthwith give, or send by ordinary post, two certified copies of the order or of the order as so amended, to the relevant officer specified therein.

Warrant of execution under section 8(1)(a)

8. Where the court orders, pursuant to section 8(1)(a) of the Act, that the offender be imprisoned or detained the warrant shall be in the Form 30.6, Schedule B.

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