APPLICATIONS UNDER THE CRIMINAL JUSTICE ACT, 2006
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.
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.]’.
(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.
(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.