District Court Rules

ORDER 32

MISUSE OF DRUGS

Definitions

1. In this Order—

‘the Act’ means the Misuse of Drugs Act, 1977 (No 12 of 1977) as amended by the Misuse of Drugs Act, 1984) (No 18 of 1984);

‘offender’ means a person convicted of an offence to which section 28(1) of the Act applies.

Search warrant

2. (1) An application under section 26 of the Act for a search warrant shall be made by the sworn information (in the Form 32.1, Schedule B) of a member of the Garda Síochána. Such information may be sworn before a Judge of the District Court in whose district the relevant premises or land is situate, or before a Peace Commissioner acting for that district.

(2) A search warrant issued under that section shall be in the Form 32.2, Schedule B.

Recognisance

3. Where the court, having convicted a person of an offence to which section 28(1) of the Act applies, permits the offender to enter into a recognisance under section 28(2)(a) of the Act, such recognisance shall be in the Form 32.3, Schedule B.

Breach of recognisance

4. (1) An allegation under section 28(5) of the Act that an offender has been in breach of a recognisance shall be made by information in the Form 32.4, Schedule B which may be sworn at any sitting of the court for the court area wherein the recognisance is deposited.

(2) Having considered such information, the court may, by issuing a warrant in the Form 32.5, Schedule B, direct that the offender be brought before the court or, if it thinks fit, instead of issuing a warrant in the first instance, may issue a summons in the Form 32.6, Schedule B commanding his or her appearance at a specified sitting of the court to answer the complaint in the information. The court may also, if it thinks fit, by the same form of summons (with suitable modifications), command the offender’s surety or sureties, if any, to appear at the said sitting.

(3) When an offender is arrested pursuant to a warrant issued under this rule he or she may, if not brought forthwith before a sitting of the court for the district in which the warrant was issued, be brought before a sitting of the court for the district wherein the offender was arrested and he or she may then be remanded in custody or on bail to appear before a sitting of the court for the first-mentioned district, provided that any such offender shall not be remanded in custody for a period exceeding eight days.

Application to bring offender before court for inquiry under section 28(7)

5. (1) An application under section 28(6) of the Act to have an offender brought before the court may be made ex parte at any sitting of the court for the district wherein the order under section 28(2) of the Act was made, on giving prior notice in the Form 32.7, Schedule B, to the Clerk.

(2) Where the court grants the application, or on receipt of a message mentioned in section 28(6) of the Act, the court shall fix a date, time and place for hearing an inquiry into the case by the court under section 28(7) of the Act and, by warrant in the Form 32.8, Schedule B, order the person in charge of the custodial treatment centre wherein the offender is detained to have the offender brought before the court for the said hearing.

(3) The applicant for the order shall then give or send a notification in the Form 32.9, Schedule B to the prosecutor, the offender, the person in charge of the said centre, as appropriate, and shall lodge a copy thereof with the Clerk.

Forfeiture order

6. A forfeiture order granted by the court under section 30 of the Act shall be in the Form 32.10, Schedule B.

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