Superior Court Rules

ORDER 138

APPLICATIONS UNDER THE CRIMINAL JUSTICE ACT, 2006

1. In this Order, ‘the Act’ means the Criminal Justice Act, 2006.

[SI 10/09]

Applications under section 5 of the Act

2. (1) Subject to sub-rules (2) and (3), an application for an order under section 5(11) of the Act shall, save in the circumstances referred to in section 5(12)(b) of the Act, be made by motion on such notice as is reasonably practicable to the occupier or owner of the place concerned and grounded upon an affidavit. The court may adjourn the application so as to give the owner or occupier of the place concerned an opportunity to be heard on the application in accordance with section 5(13) of the Act.

(2) The provisions of Order 52, rule 6 shall not apply to an application under this rule.

(3) Where the court is satisfied that the urgency of the case so requires, it may direct that the application be heard on oral evidence.

[SI 10/09]

Applications under section 182 of the Act

3. (1) Subject to sub-rule (4), an application by a member of the Garda Síochána not below the rank of superintendent to a Judge of the High Court for an order under section 182(1) of the Act may, save where the court otherwise directs, be made by originating motion ex parte grounded upon an affidavit sworn by or on behalf of the moving party. The originating motion shall be entitled:

‘The High Court

In the Matter of section 182 of the Criminal Justice Act, 2006

On the Application of [A.B.]’.

(2) In addition to any other order which may be made on the hearing of the originating motion, the court may, at such hearing:

(a) make such orders or give such directions as seem appropriate as to the giving of notice of the application to any person;

(b) make such orders or give such directions as seem appropriate for the delivery of further affidavits and for the hearing of the application.

(3) Where the court is satisfied that the urgency of the case so requires, it may direct that the application be heard on oral evidence.

(4) Where the court makes an order in accordance with sub-rule (1), a copy of the order, the originating motion, the affidavit and any exhibits thereto shall be served on each of the trustees of the trust and on the person suspected of having committed an arrestable offence. The court may direct service of such documents on such other person or persons as it considers just.

[SI 10/09]

4. (1) An application under section 182(4) of the Act to vary or discharge an order made under that section shall be made by motion on notice.

(2) Subject to sub-rule (3), unless the court otherwise directs or permits, an application referred to in this rule shall be grounded upon an affidavit sworn by or on behalf of the moving party. Notice of the motion shall be given by delivering copies of the notice of motion and grounding affidavit and any exhibits thereto to the respondent or (as the case may be) the applicant named in the originating notice of motion, not later than four clear days before the return date for the motion.

(3) Where the court is satisfied that the urgency of the case so requires, it may direct that the application be heard on oral evidence.

[SI 10/09]

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