District Court Rules

ORDER 33

COMPENSATION ORDERS

Interpretation

1. In this Order—

‘the Act’ means the Criminal Justice Act, 1993 (No 6 of 1993);

‘compensation order’ has the meaning assigned to it by section 6 of the Act; references to a convicted person include, in cases to which section 98 of the Children Act, 2001 applies, references to that person’s parent or guardian; references to a conviction of a person include references to dealing with a person under section 1(1) of the Probation of Offenders Act, 1907.

[SI 539/04]

Compensation order — form of

2. (1) Where, on conviction of a person of an offence, the court makes a compensation order under section 6(1) of the Act ordering that person or, as the case may be, that person’s parent or guardian, to pay compensation in respect of personal injury or loss to an injured party, such compensation order shall be in the Form 33.1, 33.2, 33.3 or 33.4, Schedule B, as appropriate.

Compensation order — service of

(2) The Clerk shall give, or send by prepaid registered post, to the convicted person (or, as the case may be, that person’s parent or guardian) and to the injured party a certified copy of the said order and shall retain the original order and the certificates of posting in his or her custody.

Compensation order — suspension of operation of

(3) The operation of a compensation order shall, in accordance with the provisions of section 8(1) of the Act, be suspended—

(a) in any case, until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence) has expired, that is to say, until the expiration of 14 days from the date of conviction or sentence, and

(b) in a case where the notice aforesaid is given within that time or such extended time as the court to which the appeal is brought may allow, until the appeal or any further appeal therefrom is finally determined or abandoned or the ordinary time for instituting any further appeal has expired.

(4) Where notice of an appeal against a compensation order made by the District Court is duly given, the operation of the order shall be suspended in accordance with the provisions of section 8(1)(b) of the Act.

Compensation order — when not to take effect

(5) In a case where the operation of a compensation order is suspended under the said section 8(1)(b), the order shall not take effect if the conviction concerned is reversed on appeal.

(6) Where a compensation order has been made against a person in respect of an offence taken into consideration in determining his or her sentence, the order shall cease to have effect if that person successfully appeals against his or her conviction of the offence, or, if more than one, all the offences of which that person was convicted in the proceedings in which the order was made.

Application by convicted person under section 6(8)(a) — venue for

3. (1) An application under section 6(8)(a) of the Act by a convicted person against whom a compensation order has been made for an order reducing the amount remaining to be paid, varying any instalment payable, or directing that no payments or further payments be made under the order, may be made at any sitting of the court for the court district wherein the compensation order was made.

Application by convicted person under section 6(8)(a) — service and lodgment of notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 33.5 or 33.6, Schedule B, as appropriate, upon the injured party by prepaid registered post at least 21 days prior to the date fixed for hearing the application. When service has been effected, the original notice together with a statutory declaration as to service thereof shall be lodged with the Clerk at least seven days prior to the said date for hearing.

Order of the court

(3) The order of the court on hearing the application shall be in the Form 33.7 or 33.8, Schedule B, as appropriate, and the Clerk shall give, or send by prepaid registered post, to each of the parties a certified copy of the said order.

Application by injured party under section 6(8)(b) — venue for

4. (1) An application under section 6(8)(b) of the Act by an injured party for an order increasing the amount to be paid, the amount of any instalment or the number of instalments payable, under a compensation order may be made at any sitting of the court for the court district wherein the compensation order was made.

Application by injured party under section 6(8)(b) — service and lodgment of notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 33.9 or 33.10, Schedule B, as appropriate, upon the convicted person (or, as the case may be, that person’s parent or guardian) by prepaid registered post at least 21 days prior to the date fixed for hearing the application. When service has been effected, the original notice together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days prior to the said date for hearing.

Order of the court

(3) The order of the court on hearing the application shall be in the Form 33.11 or 33.12, Schedule B, as appropriate, and the Clerk shall give, or send by prepaid registered post, to each of the parties a certified copy of the said Order.

Clerk to — register the order, notify convicted person of where and when payments may be made

5. (1) Whenever a compensation order or an order under section 6(8) of the Act is made by the District Court, or whenever notification of the making of such an order by another court is received by the District Court Clerk specified in the order, such Clerk shall register particulars of the order and shall notify by prepaid ordinary post the convicted person concerned (or, as the case may be, that person’s parent or guardian) of the hours and days during which, and the place at which, payments under the order may be made.

Clerk to — give receipt for and transmit payments

(2) Such Clerk shall give a receipt for every payment made to him or her under the order and shall transmit the payments to the injured party concerned.

Enforcement of Orders

6. Where, for the purpose of securing compliance with a compensation order or an order under section 6(8) of the Act, application is made to the court

— for an attachment of earnings order, or

— under section 8 of the Enforcement of Court Orders Act, 1940,

the relevant provisions of Order 56 (relating to attachment of earnings) and Order 57 (relating to proceedings under the said section 8) of these Rules shall, with any necessary modifications, apply, and the relevant forms prescribed therein, suitably adapted, may be used. In every such case, references in those orders and forms

— to the maintenance creditor shall be construed as references to the injured party, and

— to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 98 of the Children Act, 2001 applies, to that person’s parent or guardian.

[SI 539/04]

Form of court order under section 9(ii)

7. Where the amount paid under a compensation order exceeds the damages as assessed by the court in civil proceedings brought in respect of the injury or loss concerned and the court makes an order in those proceedings in accordance with the provisions of paragraph (ii) of section 9 of the Act that the amount of the excess be repaid to the person against whom the compensation order was made, the order of the court in such case shall be in the Form 33.13, Schedule B.

8. (1) An application to the court by the National Consumer Agency (which, in these Rules, includes, where any function referred to in section 5A(3B) of the Central Bank Act, 1942 is exercised, or the context otherwise so admits or requires, the Central Bank and Financial Services Authority of Ireland) for an order under section 81(1) of the Consumer Protection Act, 2007 (No 19 of 2007) shall be made to the court as soon as may be following conviction. The court may adjourn the application and may direct that the application be determined on oral evidence (and the court may for that purpose make orders and give directions in relation to the exchange of pleadings or points of claim or defence between the National Consumer Agency and the person convicted).

(2) The provisions of this Order which apply to a compensation order shall apply mutatis mutandis to a judgment to which section 81(6) of the Consumer Protection Act, 2007 applies and references in this Order to a compensation order shall, where the context admits or requires, include references to such a judgment.

[SI 106/09]

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