District Court Rules

ORDER 96C

CIVIL ORDERS UNDER THE CRIMINAL JUSTICE ACT, 2006, PART 11 AND BEHAVIOUR ORDERS UNDER THE CHILDREN ACT, 2001, PART 12A

[SI 408/07]

1. In this Order—

‘the Act’ means the Criminal Justice Act, 2006 (No 26 of 2006);

‘civil order’ has the same meaning as in section 113(1) of the Act.

[SI 314/07]

2. An application pursuant to section 115(1) of the Act for a civil order may be made at any sitting of the court for the court area in which the respondent resides at the time the application is made.

[SI 314/07]

3. Notice of an application for a civil order shall be in the Form 96C.1, Schedule C and there shall be attached to such notice a copy of the behaviour warning or behaviour warnings or a copy of the written record of the behaviour warning or behaviour warnings issued to the respondent in accordance with section 114 of the Act which are intended to be relied upon in the application. A copy of the notice of application shall be served upon the respondent in accordance with Order 10 not later than 14 days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

[SI 314/07]

4. A civil order shall be in the Form 96C.2, Schedule C. The applicant shall cause a copy of any such order to be served on the respondent in accordance with Order 10.

[SI 314/07]

5. An application pursuant to section 115(7) of the Act for an order discharging or varying a civil order may be made at any sitting of the court for the court area in which the person subject to the civil order resides at the time such application is made. Such an application shall be preceded by the issue of a notice of application in the Form 96C.3, Schedule C. A copy of the notice of application (to which shall be attached true copies of the notice of application for a civil order and attachments thereto and of the civil order) shall be served upon the person referred to in section 115(8) of the Act in accordance with Order 10 not later than seven days before the date fixed for the hearing of the application, and the original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

[SI 314/07]

6. Where the court varies the terms of the civil order, the terms of any such variation may be indorsed upon the original or a copy of the civil order and re-signed by the Judge. Where an order discharging or varying a civil order is made in a court area different from the court area in which the civil order to which the application relates was made, the Clerk shall send to the Clerk assigned to the court area wherein the civil order was made notice that the civil order has been discharged, or a copy of the civil order as varied, as the case may be.

[SI 314/07]

7. (1) In this rule—

‘the Act’ means the Children Act, 2001;

‘behaviour order’ has the meaning given to it by section 257D(1) of the Act, (inserted by section 162 of the Criminal Justice Act, 2006).

(2) An application pursuant to section 257D(1) of the Act for a behaviour order may be made at any sitting of the Children Court for the court area in which the respondent resides at the time the application is made.

(3) Notice of an application for a behaviour order shall be in the Form 96C.4, Schedule C and there shall be attached to such notice a copy of the behaviour warning or behaviour warnings or a copy of the written record of the behaviour warning or behaviour warnings issued to the respondent in accordance with section 257B of the Act which are intended to be relied upon in the application. A copy of the notice of application shall be served upon each of the persons referred to in section 257D(8) of the Act not later than 14 days before the date fixed for the hearing of the application. The original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

(4) A behaviour order shall be in the Form 96C.5, Schedule C. The applicant shall cause a copy of any such order to be served on each of the persons referred to in section 257D(8) of the Act.

(5) An application pursuant to section 257D(7) of the Act for an order discharging or varying a behaviour order may be made at any sitting of the Children Court for the court area in which the child subject to the behaviour order is residing at the time such application is made. Such an application shall be preceded by the issue of a notice of application in the Form 96C.6, Schedule C. A copy of the notice of application (to which shall be attached true copies of the notice of application for a civil order and attachments thereto and of the civil order) shall be served upon each of the persons referred to in section 257D(8) of the Act not later than four days before the date fixed for the hearing of the application, and the original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

(6) Where the court varies the terms of the behaviour order, the terms of any such variation may be indorsed upon the behaviour order and re-signed by the Judge. Where an order discharging or varying a behaviour order is made in a court area different from the court area in which the behaviour order to which the application relates was made, the Clerk shall send to the Clerk assigned to the court area wherein the behaviour order was made notice that the behaviour order has been discharged, or a copy of the behaviour order as varied, as the case may be.

[SI 408/07]

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