S.I. No. 539/2004 - District Court (Children) Rules, 2004

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STATUTORY INSTRUMENTS.

S.I. No. 539 of 2004 .

DISTRICT COURT (CHILDREN) RULES, 2004.

S.I. No. 539 of 2004 .

DISTRICT COURT (CHILDREN) RULES, 2004.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:—

1. These rules may be cited as the District Court (Children) Rules, 2004.

2. These rules shall come into operation on the 14th day of October 2004 and shall be read together with all other District Court rules for the time being in force.

ORDER 33

3. There shall be substituted in rule 1 and rule 6 of Order 33 and in each of the Forms numbered 33.2, 33.4, 33.6, 33.8 and 33.10 in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) the words “ Section 98 of the Children Act, 2001 ” for the words “Section 99 of the Children Act, 1908” in each place in such rules and Forms in which the said words occur and there shall be substituted in each of the said Forms the words the “Children Act, 2001” for the words the “Children Acts, 1908 to 1989”. In each of the said Forms, the words the “Children Court” shall be substituted for the words the “District Court” wherever those words appear.

ORDER 37

4. Order 37 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the substitution therefor of the Order appearing in Schedule 1 to these Rules.

5. The Forms numbered 37.1 and 37.2, 37.8 in Schedule 2 hereof shall be substituted for the Forms bearing those numbers respectively in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ). The Forms numbered 37.16 to 37.26 inclusive in Schedule 3 hereof shall be added to the Forms in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

ORDER 84

6. Order 84 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the substitution in rule 12 thereof of the words “Form 84.18” for the words “Form 18”.

SCHEDULE 1

ORDER 37

PROCEEDINGS INVOLVING CHILDREN

1. (1) In this Order:

“the Act” means the Children Act, 2001 (No. 24 of 2001);

“the Court” means the Children Court.

(2) Subject to the Act, a Judge may adjourn business from a sitting of the District Court to a sitting of the Children Court for the same district and vice versa.

(3) Nothing in this Order shall prevent the Court, subject to the Act, from making any order when sitting as the Children Court which it could make at a sitting of the court sitting as the District Court and vice versa.

(4) Any reference in any Form to the “District Court” instead of the “Children Court” shall be taken as a reference to the Children Court and shall not invalidate such Form.

2. (1) Save as otherwise provided in this Order, in criminal proceedings in the Children Court, the provisions of Orders 13 to 36 shall apply, as modified or extended by the provisions of this Order.

(2) Rule 7 of Order 23 and rules 1 and 2 of Order 24 shall not apply in proceedings in the Children Court.

3. Forms No. 37.1 to 37.26 Schedule B shall be the Forms to be used in criminal proceedings in the Children Court. Where no suitable Form is provided for in this Order, the Forms provided for in Orders 13 to 36 of these Rules may be used in proceedings in the Children Court, entitled in the “Children Court” and otherwise modified as required by the circumstances of the case or as provided in this Order.

4. The procedure to be followed and the forms to be used in any application in relation to a compensation order made under the Criminal Justice Act, 1993 which involves a child are prescribed in Order 33 of these Rules.

5. Subject to the Act and the preceding rules of this Order, the provisions of the Summary Jurisdiction Rules, 1909 (S.R. & 0. 952) dated July 31, 1909 made under section 133(7) of the Children Act, 1908 shall, by operation of section 5 (1) of the Children Act, 2001 , with any necessary modifications, apply to proceedings under the Act.

6. Notwithstanding any provision of Order 14, all persons shall be excluded from sittings of the Children Court except—

(a) officers of the court

(b) the parents or guardian of the child concerned,

(d) persons directly concerned in the proceedings,

(e) bona fide representatives of the press,

(f) such other persons (if any) as the court may at its discretion permit to remain. However the order or decision of the Court (if any) in any such proceedings shall be announced in public.

7. Where the Court imposes one or more of the conditions specified in section 90(1) of the Act on the release on bail of a child, such condition shall be endorsed on the recognisance.

8. Where an accused child is before the court charged with an indictable offence with which the court has jurisdiction to deal summarily if the accused does not object, the judge shall inform the accused child of his or her right to be tried by a jury and if the accused child (inquiry having been made of him or her by the judge) consents to the case being tried summarily, and, the case is not one of an offence which is required to be tried by the Central Criminal Court or manslaughter and the court is of opinion that the offence constitutes a minor offence fit to be tried summarily (or, where the child, having had the opportunity to have the assistance of his or her parent or guardian, adult spouse, an adult relative accompanying him or her, wishes to plead guilty, to be dealt with summarily), the court, having taken account of the age and level of maturity of the child concerned and any other facts that it considers relevant, may take the accused child's plea and try him or her summarily.

9. Where an accused child is before the court charged with an offence which is required to be tried by the Central Criminal Court or with manslaughter and wishes to plead guilty and the Court is satisfied that he or she understands the nature of the offence and the facts alleged, then, if the accused child signs a plea of guilty the judge may by order (Form 37.16 Schedule B) and with the consent of the Director of Public Prosecutions (which consent may be conveyed as provided in rule 4 of Order 24), or, where appropriate, of the Attorney-General, send him or her forward for sentence with that plea to the court to which, if he or she had pleaded not guilty, the accused could lawfully have been sent forward for trial.

10. An order imposing a community sanction shall be in the Form 37.17, Schedule B. Any application made under section 136 of the Act shall be preceded by the issue and service, at least four days before the date upon which the application is to be heard, on the accused, the parents or guardian of the accused, and any other person directly affected by the order, of a notice in the Form 37.18, Schedule B.

11. Where it appears to the court, on application in that behalf by a member of the Garda Síochána that a child has failed, without reasonable cause, to comply with an order in force imposing a community sanction or any condition to which such order is subject, there shall be issued a summons to the child to appear before it in the Form 37.19, Schedule B. Unless the Court has excused the parents and/or guardian of the child from appearing, pursuant to section 90(5) of the Act, such summons to appear shall also be addressed to the parents and/or guardian of the child. If the child shall fail to appear in answer to said summons, the Court may issue a warrant in the Form 37.20, Schedule B for his or her arrest. The order of the Court on the hearing of the application shall be in the Form 37.21, Schedule B.

12. Where the court orders an accused child to pay a fine, costs, or compensation and the child is in default, the Court may, on the application of the prosecutor therefore, issue a warrant in the Form 37.22, Schedule B, for the arrest of the child to be brought before the Court to answer such default. Alternatively, application may be made by the prosecutor for an order under section 110 of the Act. Such application shall be preceded by the issue and service, at least four days before the date upon which the application is to be heard, on the accused, the parents or guardian of the accused and any other person directly affected by the order, of a notice in the Form 37.23, Schedule B. The order of the Court on the hearing of the application shall be in the Form 37.24, Schedule B.

SCHEDULE 2

No. 37.1

SCHEDULE B

O.37, r.1

CHILDREN ACT, 2001, SECTION 64

SUMMONS TO CHILD OR TO PARENT OR GUARDIAN, OR TO BOTH

Children Court Area of

District No.

E.F.

of ............................................................ ............................................................ ..............................

Prosecutor

[A.B. of

............................................................ ............................................................ ............................and]

C.D. of

............................................................ ............................................................ ..................................

Accused

Information has been laid this day by

............................................................ ............................................................ ..................................

(or complaint has been this day made by

)

for that (you) A.B., being a child on the ............. day of ............, 20..............., at (in the court area and district aforesaid), did

And Information has further been laid by

(or), (And complaint has further been made by ............................................................ ............................................................ ..............................) for that you C.D. are the parent (or guardian) of the said child or young person.

You are therefore (each of you) hereby summoned to appear before the Children Court at ................... on the ................... day of................... 20................... at the hour of a.m./p.m. to answer to the said information (or) (complaints).

Signed ...........................................................

Judge of the Children Court

To Of

AND TAKE NOTICE that under section 91 of the Children Act, 2001 , unless excused by the Court, the parents or guardian of a child are required to attend at all stages of any proceedings against the child for an offence and where the parents or guardian fail or neglect without reasonable excuse to attend, a warrant for the arrest of the parents or guardian may be issued or such failure to attend may be treated as a contempt in the face of the court and punished accordingly.

No. 37.2

SCHEDULE B

O.37, r.1

SUMMONS FOR ATTENDANCE OF PARENT OR GUARDIAN OF A CHILD

Children Court Area of

District No.

E.F.

of ............................................................ ............................................................ ..............................

Prosecutor

[A.B. of

............................................................ ............................................................ ............................and]

C.D. of

............................................................ ............................................................ ..................................

Accused

Whereas A.B., a child within the meaning of the Children Act, 2001 , of whom you are stated to be the parent or guardian having the possession and control of such child is charged that: [here set forth the offence charged]

You are therefore (each of you) hereby summoned to appear before the Children

Court at ................... on the ................... day of................... 20................... at the hour of a.m./p.m. to answer to the said information (or) (complaints).

Signed ...........................................................

Judge of the Children Court (or) Children Court Clerk

To Of

No. 37.8

SCHEDULE B

O.37, r.1

CHILDREN ACT, 2001, SECTION 113

ORDER TO PARENT OR GUARDIAN TO PAY COMPENSATION

Children Court Area of

District No.

Whereas A.B., hereinafter called the accused, being above the age of seven years and a child, has been this day charged for that he/she on the day of ...................................................... 20 ......................................................,at......within the Court area (and district) aforesaid did:

And whereas the Court is of the opinion that the charge is proved, but does not proceed to a conviction of the accused.

It is ordered that C.D., the parent (or guardian) of the accused do pay the sum of € for compensation and € for costs (by instalments of € for every days, the first instalment to be paid)

*forthwith* on the day of 20 .

And in default of payment it is ordered that (the sums due under this Order be levied by distress and sale of the said C.D.'s goods and in default of sufficient distress that the said C.D. be imprisoned at the Prison at and there kept for the space of unless the said sums (and all costs and charges of the said distress) be sooner paid.

Dated this ................................. day of

20 ................................

Signed ...........................................................

Judge of the Children Court

SCHEDULE 3

No. 37.16

SCHEDULE B

O.37, r.10

CHILDREN ACT, 2001, SECTION 75(5)

ORDER SENDING FORWARD ON A PLEA OF GUILTY

Children Court Area of

District No.

............................................................ ............................................................ ...................................

Prosecutor

............................................................ ............................................................ ...................................

Accused

WHEREAS the above-named accused is before the Court charged that

AND WHEREAS the Court is satisfied that the accused understands the nature of the offence and the facts alleged;

AND WHEREAS the accused has signed a plea of guilty;

AND the Director of Public Prosecutions consents to the accused being sent forward for sentence

THE COURT HEREBY ORDERS that he/she be sent forward for sentence * Delete whichever inapplicable

on the aforesaid charge to the * next sitting of the ....................Court ..................

* present

at ................................... * in custody

(THE COURT FURTHER ORDERS that until the said conditions of ‡Delete where

inapplicable

release are fulfilled the accused be detained in custody).

Dated this ................................. day of

20 ................................

Signed ...........................................................

Judge of the Children Court

‡Consent to and conditions of release.

The Court hereby consents to the above named accused being conditionally released on the following conditions:

(1) his/her entering into a recognisance himself/herself in the sum of € * and one sufficent surety in the sum of € (of which € cash to be lodged) or two sufficient sureties in the sum of € each (of which € cash to be lodged by each) or in lieu such surety or sureties lodgement of the sum of € be accepted.

(2) the accused is not to commit any offence and be of good behaviour and * to sign on daily/weekly at _______ Garda station between ________ a.m. and ________ p.m. and

(3) [insert any condition specified under section 90(1) of the Children Act, 2001 ]

Dated this ................................. day of

20 ................................

Signed ...........................................................

Judge of the Children Court

No. 37.17

SCHEDULE B

O.37, r.10

CHILDREN ACT, 2001, SECTION 133

ORDER FOR COMMUNITY SANCTION — RESTRICTION ON MOVEMENT ORDER

Children Court Area of

District No.

E.F.

of ............................................................ ............................................................ ..............................

Prosecutor

[A.B. and

C.D. ............................................................ ............................................................ ..........................

Accused

Before the Children Court at

Within the Children Court area aforesaid

A.B. of ..................., hereinafter called the accused, who appears to the said Court to be a child and who resides at ................................................ in the county (or county borough) of ................................................ is this day convicted* (the accused having been informed of his/her right to be tried by a jury and having had the assistance of his/her *parent *guardian *adult spouse *adult relative having consented to be dealt with summarily) that he/she, on the ............................................................ ........day of ........................ 20 ......................, at within the ........................ aforesaid did (here state the offence).

And having heard the evidence adduced

And having explained in open Court and in language appropriate to the level of understanding of the accused (a) why a community sanction is being imposed, (b) the terms of the sanction and any conditions to which it is being made subject, (c) the expectation of the Court that the accused will be of good conduct while the community sanction is in force and the possible consequences for the accused of his/her failure to comply with the sanction and any such conditions and* (d) the expectation of the Court that the *parents *guardian of the accused will help and encourage the accused to comply with the sanction and any such conditions and not commit further offences.

IT IS HEREBY ORDERED that the accused between the ................................................ day of ........................, 20 ........................

*REMAIN AT the residence of

between the hours of p.m. each day and a.m. on the following day

*STAY AWAY from (*between the hours of and

)(on days)

And this Order shall remain in force from the ......... day of, .......20 ......to the......day of.......20....

*AND IT IS FURTHER SPECIFIED for the purposes of this Order and for the purpose of section 117 of the Act that:

[specify any condition]

Dated this ................................. day of

20 ................................

Signed ...........................................................

Judge of the Children Court

To:

To: [Parent/guardian of the accused]

And to: the Member in Charge

Garda Síochána at

And to: Judge (being the Judge for the time being assigned to the district in which the child is to reside)

At the Children Court Office.

No. 37.18

SCHEDULE B

O.37, r.10

CHILDREN ACT, 2001, SECTION 136

NOTICE OF APPLICATION FOR AN ORDER ON FAILURE TO COMPLY WITH COMMUNITY SANCTION — RESTRICTION ON MOVEMENT ORDER

Children Court Area of

District No.

E.F.

of ............................................................ ............................................................ ..............................

Prosecutor

A.B. ............................................................ ............................................................ ..........................

Accused

............................................................ ............................................................ ..................................

Applicant

WHEREAS this Court on the ................day of ................20 ...................................made an order imposing a community sanction on the accused, namely (specify order made)

TAKE NOTICE that the above-named applicant will apply at the sitting of the Children Court to be held at

............................................................ ............................................................ ..................................

on the ................... day of ................... 20 ................... at ................................................ a.m./p.m. for an order pursuant to section 136 of the above-mentioned Act

*directing

that ............................................................ ............................................................ .............................

*revoking the said order

and ............................................................ ............................................................ ............................

on the following grounds:

Dated this ................................................ day of ............................................. 20 ................................

Signed ...........................................................

Applicant/Solicitor for applicant

To ............................................................ ............................................................ ..............................

of ............................................................ ............................................................ ..............................

*Delete words inapplicable

No. 37.19

SCHEDULE B

O.37, r.11

CHILDREN ACT, 2001, SECTION 136

SUMMONS TO APPEAR TO ANSWER NON-COMPLIANCE WITH ORDER IMPOSING COMMUNITY SANCTION

Children Court Area of

District No.

E.F.

of ............................................................ ............................................................ ..............................

Prosecutor

[A.B. of

............................................................ ............................................................ ............................and]

C.D. of

............................................................ ............................................................ ..................................

Accused

WHEREAS on application by

............................................................ ............................................................ ..................................

a member of the Garda Síochána that you A.B., being a child, have failed, without reasonable cause, to comply with the order of this Court made on the ........................ day of ........................ 20 ........................ that or a condition to which said Order is subject.

Therefore you the said A.B. (and you, C.D. being the *parent *guardian having custody and control of the said A.B., and each of you) are hereby summoned to appear before the Children Court at ... on the ... day of... 20 ........................ at the hour of a.m./p.m. to answer to this summons.

Signed ...........................................................

Judge of the Children Court

To Of

No. 37.20

SCHEDULE B

O.37, r.11

CHILDREN ACT, 2001, SECTION 136(3)

WARRANT TO ARREST

Children Court Area of

District No.

WHEREAS on application by

............................................................ ............................................................ ..................................

a member of the Garda Síochána that A.B., being a child, has failed, without reasonable cause, to comply with the order of this Court made on the day of ........................................... 20 ........................................... that

or a condition to which said Order is subject

AND WHEREAS the said A.B. has failed to appear in answer to the summons to appear issued herein on the ......... day of....., 20 .......

THIS IS TO AUTHORISE YOU to whom this warrant is addressed to arrest the said ..................................................... and bring him/her before the *next sitting of this Court *sitting of this Court at on the ........... day of ........................, 20.....

Dated this ................................................ day of ......................................... 200 ...................................

Signed ...........................................................

Judge of the Children Court

To Superintendent ............................................................ ............................................................ ......

of the Garda Síochána at ............................................................ ........................................................

............................................................ ............................................................ ..................................

No. 37.21

SCHEDULE B

O.37, r.11

CHILDREN ACT, 2001, SECTION 136

ORDER ON FAILURE TO COMPLY WITH COMMUNITY SANCTION-RESTRICTION ON MOVEMENT ORDER

Children Court Area of

District No.

E.F.

of ............................................................ ............................................................ ..............................

Prosecutor

[A.B. and

C.D. ............................................................ ............................................................ ..........................

Accused

Before the Children Court at

Within the Children Court area aforesaid

WHEREAS on application by

............................................................ ............................................................ ..................................

a member of the Garda Síochána that you A.B., being a child, have failed, without reasonable cause, to comply with the order of this Court made on the ............................... day of ............................ 20 ............................. that

or a condition to which said Order is subject.

And having heard the evidence adduced.

IT IS HEREBY ORDERED:

* [that you, the said A.B. be and are hereby directed to comply with the said Order of this Court and every condition to which it is subject as follows: ]

*[that the said Order be and is hereby revoked and there be substituted therefor the following Order under section 133 of the above-named Act: ]

*[that the said Order be and is hereby revoked and that it be instead ordered as follows: (here insert order dealing with the case in any other way in which it could be dealt with before the Order was made)]

*[that you be remanded on bail of to the sitting of the Children Court at on the day of 20 at the hour of a.m./p.m.]

Dated this ................................................ day of ............................................................ 200

Signed ...........................................................

Judge of the Children Court

To:

To: [Parent/guardian of the accused]

And to: the Member in Charge

Garda Síochána at

[And to: the Children Court Office at ]

No. 37.22

SCHEDULE B

O.37, r.12

CHILDREN ACT, 2001, SECTION 110

WARRANT TO ARREST

Children Court Area of

District No.

WHEREAS on application by

............................................................ ............................................................ ..................................

a member of the Garda Síochána

that A.B., being a child, has failed to comply with the order of this Court made on the ......................... day of ........................ 20 ............................. that

AND WHEREAS the said A.B. has failed to appear in answer to the application on notice issued herein on the.......... day of........, 20.........]

THIS IS TO AUTHORISE YOU to whom this warrant is addressed to arrest the said ............................................................ ...... and bring him/her before the *next sitting of this Court *sitting of this Court at on the........day of........................ , 20.....

Dated this........ day of........................200

Signed ...........................................................

Judge of the Children Court

To Superintendent ............................................................ ............................................................ ......

of the Garda Síochána at ............................................................ ........................................................

............................................................ ............................................................ ..................................

No. 37.23

SCHEDULE B

O.37, r.12

CHILDREN ACT, 2001, SECTION 110

NOTICE OF APPLICATION FOR DEFAULT ORDER

Children Court Area of

District No.

E.F.

of ............................................................ ............................................................ ..............................

Prosecutor

A.B. ............................................................ ............................................................ ..........................

Accused

............................................................ ............................................................ ..................................

Applicant

WHEREAS this Court on the ................... day of ................... 20 ........................................... made an order requiring the accused to pay *a fine of € *compensation of € *and costs of €

Such amount(s) to be paid

and whereas the accused has defaulted in payment of same in accordance with the terms of said Order

TAKE NOTICE that the above-named applicant will apply at the sitting of the Children Court to be held at

............................................................ ............................................................ ..................................

on the .day of .20 .at .a.m./p.m. for an order pursuant to section 110 of the Children Act, 2001 :

*[reducing the amount of said fine]

*[extending the time allowed for the payment of said amount(s)]

*[imposing a community sanction under the Children Act, 2001 ]

Dated this ................................................ day of ............................................. 20 ........................

Signed ...........................................................

Applicant/Solicitor for applicant

To ............................................................ ............................................................ ................................

of ............................................................ ............................................................ ................................

*Delete words inapplicable

No. 37.24

SCHEDULE B

O.37, r.12

CHILDREN ACT, 2001, SECTION 110

ORDER ON DEFAULT OF COMPLIANCE WITH ORDER TO PAY FINE/COMPENSATION

Children Court Area of

District No.

E.F.

of ............................................................ ............................................................ ..............................

Prosecutor

A.B. and

C.D. ............................................................ ............................................................ ..........................

Accused

Before the Children Court at

Within the Children Court area aforesaid

WHEREAS on application by

............................................................ ............................................................ ..................................

a member of the Garda Síochána that you A.B., being a child, have failed to comply with the order of this Court made on the....... day of...... 20............................................. requiring you to pay *a fine of € *compensation of € *and costs of €

Such amount(s) to be paid

And having heard the evidence adduced

IT IS HEREBY ORDERED that

* [the amount of said fine be reduced to € and that such reduced amount be paid ]

*[that the time allowed for the payment of said amount(s) be extended up to the day of 20 ]

*[that you between the.......... day of....... 20........ and the ........day of ........20 .................................................. *REMAIN AT the residence of at between the hours of p.m. each day and a.m. on the following day

*STAY AWAY from (*between the hours of and ) (on days)

And this Order shall remain in force from the.......day of,......20....to the day of.........20.....

*AND IT IS FURTHER SPECIFIED for the purposes of this Order and for the purpose of section 117 of the Act (here insert any condition to which the Order is subject)]

Dated this ............................................................ . day of ......................................... 200

Signed ...........................................................

Judge of the Children Court

To:

To: [Parent/guardian of the accused]

And to: the Member in Charge

Garda Síochána at

No. 37.25

SCHEDULE B

O.37, r.1

CHILDREN ACT, 2001, SECTION 114

ORDER TO PARENT OR GUARDIAN TO ENTER RECOGNISANCE

Children Court Area of

District No.

Whereas A.B., hereinafter called the accused, being above the age of seven years and a child, has been this day charged for that he/she on the day of 20............................................................ .......................................,at......within the Court area (and district) aforesaid did:

And whereas the Court is satisfied of the guilt of the accused.

It is ordered that, with his/her consent, C.D., the parent (or guardian) of the accused do forthwith to the satisfaction of this court give security in the sum of € to exercise proper and adequate control over the said accused for the term of [not exceeding three years] now next ensuing.

Dated this ................................. day of

20 ................................

Signed ...........................................................

Judge of the District Court

No. 37.26

SCHEDULE B

O.37, r.1

PROBATION OF OFFENDERS ACT, 1907

CHILDREN ACT, 2001, SECTION 114

RECOGNISANCE

Children Court Area of

District No.

E.F.

of ............................................................ ............................................................ ..............................

Prosecutor

A.B. ............................................................ ............................................................ ..........................

Accused

I of

Being the *parent *guardian of the above-named accused acknowledge myself to owe to the State the sum following, that is to say, the sum of euro, to the use of the Minister for Finance if I shall fail to exercise proper and adequate control over the accused

............................................................ ............................................................ ..................................

Surety

Acknowledged before me this day of 20

Signed ...........................................................

Judge of the Children Court

The condition of the above written recognisance is such that whereas a complaint was made that the said

on the .......................................... day of ...........................................20 ....................................... did

and the court held at

in the said district on the ............................. day of ............................. 20 ............................. the Court found that the charge was proved but was of the opinion (having regard to ) that it was expedient to release the accused, and ordered that he/she be discharged conditionally on his/his parent or guardian, with his/her consent, entering into a recognisance, in the sum of € , to exercise proper and adequate control over the accused.

If, therefore, the above bounden parent or guardian shall comply with the provisions of the said Order during the period of next ensuing then the said recognisance shall be void, or else to stand in full force and effect.

Given this 19th day of January 2004

Peter Smithwick Chairman

Uinsin Mac Gruaire

John P. Brophy

Thomas E. O'Donnell

Mary C. Devins

Sean McMullin

Hugh O'Neill

Noel Rubotham

Elizabeth Hughes Secretary.

I concur in the making of the foregoing rules

Dated this 14th day of September 2004.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules amend the District Court Rules 1997 ( S.I. No. 93 of 1997 ) to facilitate applications under various sections of the Children Act, 2001 .

*on conditional release as set out hereunder