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SI No.152 of 2007
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District Court (Children Summonses) Rules 2007
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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 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005, 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 Summonses) Rules 2007.
2 These rules shall come into operation on the 26th day of April 2007 and shall be read together with all other District Court Rules for the time being in force.
3 Order 37 of the District Court Rules 1997 (S.I. No.93 of 1997) is hereby amended by the substitution for rule 3 thereof of the following:
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“3 Forms No. 37.1 to 37.29, Schedule B may be used in criminal proceedings in the Children Court, and 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 such proceedings, entitled in the “Children Court” and otherwise modified as required by the circumstances of the case or as provided in this Order.”
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4 The Forms in Schedule 1 hereof shall be substituted for the Form number 37.1 in the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).
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No. 37.1
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SCHEDULE B
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O.37, r.3
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CHILDREN ACT 2001, Section 64
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PETTY SESSIONS (IRELAND) ACT 1851
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SUMMONS TO CHILD OR TO CHILD AND PARENT OR GUARDIAN
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Children Court Area of
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District No.
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E.F. of.......................................................................................Prosecutor
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A.B. of.....................................................................................Accused
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*
(and C.D. of ..........................................................................Parent/Guardian)
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Information has been laid this day by ...................................................................
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(OR complaint has been this day made by ........................................................)
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for that you, A.B., being a child, on the......day of..................20.....
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at ................................................... (in the court area and district aforesaid), did
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contrary to
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*
And Information has further been laid by.........................................................
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(OR And complaint has further been made by .....................................................)
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for that you C.D., are the parent (or guardian) of the said child.
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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.,
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you A.B., to answer to the said information (or) (complaints)
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*
and you C.D., in accordance with the requirements of section 91 of the Children Act 2001.
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Signed..........................................................
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Judge of the Children Court
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To...............................................
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of ...............................................
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the above-named accused child.
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*
And to...........................................
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of ...............................................
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the above-named parent/guardian.
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AND TAKE NOTICE that under section 91(2) 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 so attend, the Court may adjourn the proceedings and issue a warrant for the arrest of the parents or guardian.
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AND FURTHER TAKE NOTICE that under section 91(3) of the Children Act 2001, failure by the parents or guardian, without reasonable excuse, to attend at all stages of proceedings against a child for an offence shall, subject to subsection (5) of section 91, be treated for all purposes as if it were a contempt in the face of the court.
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No. 37.1A
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SCHEDULE B
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O.37, r.3
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CHILDREN ACT 2001, Section 64
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COURTS (NO. 3) ACT 1986, Section 1
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SUMMONS TO CHILD OR TO CHILD AND PARENT OR GUARDIAN
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Children Court Area of
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District No.
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E.F. of.....................................................................................Prosecutor
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A.B. of.....................................................................................Accused
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*
(and C.D. of ......................................................................Parent/Guardian)
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WHEREAS on the ...... day of ............ 20..., an application was made to this office by .................*
(on behalf of) the above-named Prosecutor for the issue of a summons to you, A.B., being a child, of *
.............................................(in court area and district aforesaid) alleging the following offence(s):-
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That you did on the ...... day of ................. 20..... at ................................... *
(in the court area and district aforesaid)
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contrary to
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*
And an application was further made to this office on the ...... day of ............ 20...by ................. *
(on behalf of) the above-named Prosecutor that you, C.D., the parent (or guardian) of the said child be named on the said summons.
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THIS IS TO NOTIFY YOU, A.B., that you will be accused of the said offence(s) at a sitting of the Children Court for the court area and district aforesaid to be held at .................. on the ...... day of ............... 20..., at....... a.m./p.m.,
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AND TO REQUIRE *
(EACH OF) YOU, A.B. and C.D., to appear at the said sitting
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you A.B., to answer to the said accusation(s)
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*
and you C.D., in accordance with the requirements of section 91 of the Children Act 2001.
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The appropriate District Court Clerk specified in relation to this summons is .................... of the District Court office at .....................................
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Dated the ...... day of ............ 20...
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Issued out of the District Court Office
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at..........................................
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An office of the Courts Service designated for
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the purpose of receiving applications under section 1(3) of the Courts (No. 3) Act 1986.
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To................................................
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of ...............................................
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the above-named accused child.
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*
And to ..........................................
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of ...............................................
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the above-named parent/guardian.
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AND TAKE NOTICE that under section 91(2) 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 so attend, the Court may adjourn the proceedings and issue a warrant for the arrest of the parents or guardian.
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AND FURTHER TAKE NOTICE that under section 91(3) of the Children Act 2001, failure by the parents or guardian, without reasonable excuse, to attend at all stages of proceedings against a child for an offence shall, subject to subsection (5) of section 91, be treated for all purposes as if it were a contempt in the face of the court.
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Given this 5th day of March 2007
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Miriam Malone
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Chairperson
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Uinsin Mac Gruairc
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Mary C Devins
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Thomas E O'Donnell
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Hugh O'Neill
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Joe Jeffers
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Roy Pearson
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Noel A Doherty
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Elizabeth Hughes
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Secretary
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I concur in the making of the foregoing rules
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Dated this 5th day of April 2007
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MICHAEL McDOWELL
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Minister for Justice, Equality and Law Reform
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EXPLANATORY NOTE
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(This does not form part of the instrument and does not purport to be a legal interpretation)
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These Rules amend Order 37 to provide a form of Children Summons for issue under the Petty Sessions Act 1851 and a form of Children Summons for issue under the Courts (No. 3) Act 1986 both of which, in accordance with section 64 of the Children Act 2001, specify the provision of section 91 of that Act.
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