S.I. No. 203/2007 - District Court (Criminal Justice Act 2006) Rules 2007


S.I. No. 203 of 2007

DISTRICT COURT (CRIMINAL JUSTICE ACT 2006) RULES 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th May, 2007.

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 (Criminal Justice Act 2006) Rules 2007.

2. These rules shall come into operation on the 31st day of May 2007 and shall be read together with all other District Court Rules for the time being in force.

3. Order 13 of the District Court Rules 1997 ( S.I. No.93 of 1997 ) shall be amended by the substitution for rule 1 of the following—

“1. Criminal proceedings shall be brought, heard and determined either—

(a) in the court area wherein the offence charged or, if more than one offence is stated to have been committed within a Judge’s district, any one of such offences is stated to have been committed; or

(b) in the court area wherein the accused has been arrested, or

(c) in the court area wherein the accused resides, or

(d) in the court area specified by order made pursuant to the provisions of section 15 of the Courts Act 1971 , or

(e) in a case to which section 79A(1) of the Courts of Justice Act 1924 (inserted by section 178 of the Criminal Justice Act 2006 ) applies, in any court area within any of the districts referred to in that sub-section.”.

4. Order 14 of the District Court Rules 1997 ( S.I. No.93 of 1997 ) shall be amended by the insertion immediately following rule 6 of the following rule—

“7. Notice of a party’s intention to make an application under section 181 of the Criminal Justice Act 2006 may be given otherwise than in writing and the Judge may deem the notice given sufficient in any case. Where an order is made on foot of any such application, the party on whose application the order was made may request the Judge to confirm the existence of such order on any occasion on which the proceedings to which the order relates are before the Court.”.

5. Order 17 of the District Court Rules 1997 ( S.I. No.93 of 1997 ) shall be amended by the insertion immediately following rule 9 of the following—

“10. An application under paragraph (g) of section 2(2) of the Criminal Justice (Drug Trafficking) Act 1996 by a member of the Garda Síochána not below the rank of Chief Superintendent or under paragraph (h) of section 2(2) of the Criminal Justice (Drug Trafficking) Act 1996 by a member of the Garda Síochána not below the rank of Chief Superintendent for a warrant to further detain a person detained pursuant to that Act shall be by information on oath and in writing and shall be in the Form 17.11 Schedule B. A warrant issued on foot of such information shall be in the Form 17.12, Schedule B.”.

6. Order 26 of the District Court Rules 1997 ( S.I. No.93 of 1997 ) shall be amended by

(i) the substitution for rule 2 of the following—

“2. Warrants issued under this Part of these Rules shall be addressed in accordance with the provisions of section 25 of the Petty Sessions (Ireland) Act 1851, as substituted by section 193 of the Criminal Justice Act 2006 . Save where the Court otherwise directs, either on the application of any person or otherwise, where particulars of the Garda Síochána district within which the person named in the warrant resides are available when the warrant is prepared, the warrant shall be addressed to the superintendent or an inspector of the Garda Síochána for that Garda Síochána district, but in any other case the warrant shall be addressed to the superintendent or an inspector of the Garda Síochána for the Garda Síochána district within which the place where the warrant is issued is situated.”,and

(ii) the substitution for rule 7 of the following—

“7. (1) Where, in case of distress, any goods of the person against whom the warrant is issued are found in any place for which the Superintendent or Inspector to whom the warrant is addressed acts, then such Superintendent or Inspector or any other Superintendent or Inspector acting in his or her stead for the time being or any member of the Garda Síochána appointed by any such Superintendent or Inspector shall execute the warrant.

(2) Where the goods of such person cannot be found in any place for which such Superintendent or Inspector acts, but may be found elsewhere within the State, that Superintendent or Inspector or any other Superintendent or Inspector acting in his or her stead for the time being, may certify on the warrant (Form 26.2 Schedule B) the place where he or she believes that such goods will be found, and shall forthwith transmit the warrant to the Superintendent of the Garda Síochána who acts for the last-mentioned place, and the warrant shall then be executed as if issued in the first instance to the Superintendent or an Inspector who acts for the last-mentioned place.

(3) The provisions of this rule shall apply notwithstanding that such Superintendent or Inspector does not certify on the warrant the place where he or she believes that the said goods will be found, if such place may be ascertained by other means than such certificate.

7. The District Court Rules 1997 ( S.I. No.93 of 1997 ) shall be amended by the insertion of the following Order immediately following Order 28—

Order 28A

PROCEEDINGS UNDER PART 10 OF THE CRIMINAL JUSTICE ACT 2006

1. In this Order, “the Act” means the Criminal Justice Act 2006 (No. 26 of 2006).

2. Where a person has been sentenced to a term of imprisonment and the Court makes an order under section 99(1) of the Act suspending the execution of the sentence in whole or in part, subject to the person entering into a recognisance with or without surety to comply with the conditions of, or imposed in relation to, the order, the order and the recognisance shall be in the Form 28A.1, Schedule B.

3. The Clerk shall transmit a copy of any order made under section 99 of the Act by ordinary post to each of the persons referred to in section 99(7) of the Act and, where appropriate, to each of the persons referred to in section 99(8) of the Act.

4. An application by a probation and welfare officer under section 99(6) of the Act for the imposition of any of the conditions referred to in section 99(4) in relation to an order made under section 99(1) of the Act shall, except where the Court otherwise directs or permits, be by information on oath and in writing of the probation officer in the Form 28A.2, Schedule B. Such application may be made at any sitting of the Court for the court district wherein the accused was convicted. Where the Court considers it appropriate to do so, it may issue a warrant to the Governor of the prison where the person is in prison in the Form 28A.3, Schedule B for the production of the person bound by the recognisance to appear before it to answer the application. The order of the Court shall be in the Form 28A.1, Schedule B, with such modifications as are necessary.

5. Where the granting of any application under this rule will require the addition of conditions to a recognisance, the original recognisance shall be produced in Court. Where the Court adds conditions to the recognisance, the person(s) bound shall re-acknowledge the recognisance as so amended before the Court on the making of such amendment.

6. An application under section 99(13) of the Act by a member of an Garda Síochána or the governor of the prison to which a person was committed or under section 99(14) of the Act by a probation and welfare officer to fix a date for the hearing of an application for an order revoking an order under section 99(1) of the Act shall, except where the Court otherwise directs or permits, be by information on oath and in writing of the applicant in the Form 28A.4, Schedule B. An application to fix such date may be made at any sitting of the Court for the court district wherein the accused was convicted. On the hearing of the application to fix a date, the Court shall, if it grants the application, fix a date upon which the application shall be made returnable. For the purpose of informing the person in respect of whom the application will be made of the fixing of a date for the hearing of the application in accordance with section 99(15) of the Act, the Clerk shall give notice to the person concerned by a notice in writing in the Form 28A.5, Schedule B to the person concerned, returnable to such date, to answer the application or, if the person will on the return date be in prison, the court shall issue a warrant to the Governor of the prison where the person is in prison for the production of the person bound by the recognisance in the Form 28A.3, Schedule B to appear before it to answer the application, and such notice shall be given in one of the ways specified in section 99(18) of the Act. Notice of the application shall be given to any surety by sending a copy of the notice or warrant to the surety in accordance with the provisions of Order 10 of these Rules.

7. Where a person who is not in prison fails to appear before the Court in answer to a notice issued in accordance with rule 6, a warrant for the arrest of such person may be issued in the Form 22.2, Schedule B, with such modifications as may be necessary.

8. Where the Court makes an order under section 99(10) or section 99(17) of the Act revoking an order made under section 99(1) of the Act, the Court shall forthwith issue the appropriate warrant of committal in accordance with Order 25, rule 3, in the Form 25.8, with such modifications, if any, as may be necessary.

9. The provisions of these Rules which relate to appeals against sentence shall apply with such modifications as may be necessary to appeals under section 99(12) of the Act against the revocation of an order suspending a sentence.

10. Where the Court makes an order in accordance with section 100(1)(b) of the Act, the order shall be in the Form 28A.6, Schedule B.

11. The Clerk shall send a copy of any order made in accordance with section 100(1)(b) of the Act by ordinary post to each of the persons referred to in section 100(4) of the Act.

12. For the purpose of giving notice of the specified date to the person in respect of whom the order under section 100(1) of the Act was made, in accordance with section 100(5) of the Act, the Clerk shall issue a notice in writing in the Form 28A.7, Schedule B addressed to that person by name, returnable to such date, and such notice shall be given to that person in one of the ways specified in section 100(13) of the Act. Where that person fails to appear before the Court in answer to such notice, a warrant for the arrest of such person may be issued in the Form 22.2, Schedule B, with such modifications as may be necessary.

13. An application by a member of an Garda Síochána under section 100(7) of the Act to fix a date for the hearing of an application for an order imposing the term of imprisonment specified in the Court’s order in accordance with section 100(1)(b) of the Act shall, except where the Court otherwise directs or permits, be by information on oath and in writing of the member of an Garda Síochána in the Form 28A.8, Schedule B. An application to fix such date may be made at any sitting of the Court for the court district wherein the accused was convicted. On the hearing of the application to fix a date, the Court shall, if it grants the application, fix a date upon which the application shall be made returnable. For the purpose of giving notice of the fixing of a date for the hearing of the application in accordance with section 100(8) of the Act, the Clerk shall by notice in writing in the Form 28A.9, Schedule B inform the person in respect of whom the application will be made of the date so fixed for the hearing of the application. Such notice shall require the person to appear before the Court on the date so fixed and at such time as is specified in the notice and such notice shall be given in one of the ways specified in section 100(13) of the Act. Where that person fails to appear before the Court in accordance with the requirement in such notice, a warrant for the arrest of such person may be issued in the Form 22.2, Schedule B, with such modifications as may be necessary.

14. Where the Court makes an order under section 100(10) or section 100(12) of the Act imposing a term of imprisonment, the Court shall forthwith issue the appropriate warrant of committal in accordance with Order 25, rule 3, in the Form 25.8, with such modifications, if any, as may be necessary.

15. Where the Court makes a restriction on movement order in accordance with section 101(1) of the Act, the order shall be in the Form 28A.10, Schedule B. The Clerk shall send a certified copy of any order made in accordance with section 101(1) of the Act by registered post to each of the persons referred to in section 101(12) of the Act.

16. An application under section 103(1) of the Act to vary a restriction on movement order shall be brought before a sitting of the Court for the Court district in which the offender resides or is to reside while the restriction on movement order is in force by the issue of a notice of application in the Form 28A.11, Schedule B. A copy of such notice shall be served upon each of the persons specified in section 103(1) of the Act not later than seven days before the date fixed for the hearing of the application and the original notice shall be lodged with the Clerk not later than seven days before the date fixed for the hearing of the application. Where the Court makes an order varying the restriction on movement order, the order shall be in the Form 28A.10, Schedule B, with such modifications as may be necessary, and the Clerk shall send a certified copy of such order by registered post to each of the persons referred to in section 103(4) of the Act.

17. An application by a member of an Garda Síochána for an order under section 105(1) of the Act shall, except where the Court otherwise directs or permits, be by information on oath and in writing of the member of an Garda Síochána in the Form 28A.12, Schedule B. Where the Court proposes to exercise its powers under section 105(1), the Clerk shall issue a summons in the Form 28A.13, Schedule B to the person concerned. Such summons shall be served in accordance with the provisions of Order 10. Where that person fails to appear before the Court in answer to such summons, a warrant for the arrest of such person may be issued in the Form 22.2, Schedule B, with such modifications as may be necessary.

8. Order 31 of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) is hereby amended by—

(i) the substitution for the title thereto of the following title—

Order 31

PROCEEDINGS UNDER

CRIMINAL JUSTICE ACT 1984

CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT 1990

CRIMINAL JUSTICE ACT 2006, SECTION 5

(ii) the insertion in rule 1, immediately following the definition of “the Act of 1990”, of the following definition—

“ ‘the Act of 2006’ means the Criminal Justice Act 2006 (No. 26 of 2006).

(iii) the insertion, immediately following rule 7, of the following—

“8. An application under section 5(9) of the Act of 2006 by a member of the Garda Síochána not below the rank of superintendent for an order continuing in force a direction under section 5(3) of the Act shall be by information on oath of the member concerned and if in writing shall be in the Form 31.7, Schedule B. Such application shall be made to a Judge of the District Court assigned to the court district wherein is situated the place in respect of which the direction was given. The information shall specify the means by which notice of the informant’s intention to make the application was given to the person or persons specified in section 5(12) of the Act of 2006 or shall state that it has not been reasonably practicable to give such notice.

9. Where the owner or occupier of the place concerned in an application under section 5(9) of the Act of 2006 intends to apply to be heard by the Court on the application, the owner or occupier shall deliver to the informant and the Clerk before the hearing of the application a notice of such intention in the Form 31.8, Schedule B, provided that the Judge may dispense with the requirement of such notice where he considers it appropriate to do so. Where the owner or occupier of the place concerned has given such notice, the Court may adjourn the application to such time as may be specified 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 of 2006.

10. An order of the Court granting the application shall be in the Form 31.9, Schedule B.

9. Order 100 of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the insertion immediately following rule 6—

Appeals under the Firearms Act 1925 (as amended by the Criminal Justice Act 2006 )

7. (1) Notwithstanding rule 1(2), an appeal under section 15A of the Firearms Act 1925 (inserted by section 43 of the Criminal Justice Act 2006 ) by a person aggrieved by a decision referred to in section 15A(1) of the said Act of 1925 by an issuing person may be made within the period specified in section 15A(2) of the said Act of 1925, and shall be preceded by the issue and service in accordance with the provisions of Order 10 of a notice of appeal in the Form 100.1, Schedule D, with such modifications as may be necessary. Such notice shall be served upon the issuing person at least fourteen days before the date of the sitting of the Court to which the notice of appeal is returnable.”

10. The Forms in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

11. The Forms in Schedule 2 hereof shall be substituted for the Forms bearing the like numbers in Schedule B of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

Schedule B O. 17 r.10

Schedule 1

17.11 CRIMINAL JUSTICE (DRUG TRAFFICKING) ACT 1996, SECTION *2(2)(g) *2(2)(h)

As amended by CRIMINAL JUSTICE ACT 2006

INFORMATION FOR APPLICATION TO EXTEND DETENTION

District Court Area of

District No.

THE APPLICATION OF

of

who says:

I am a member of the Garda Síochána not below the rank of Chief Superintendent.

................, of............................, was arrested on the............day of..............20... at ..........a.m./p.m. on suspicion of having committed a drug trafficking offence, to wit

And is at present detained at............................................................pursuant to

*a direction under paragraph (c) of section 2(2) of the above Act, which said period of detention will expire on the............day of..............20... at ..........a.m./p.m.

*a warrant under paragraph (g)(ii) of section 2(2) of the above Act, authorising the extension of a period of detention, which said warrant will expire on the............day of..............20... at ..........a.m./p.m.

I have reasonable grounds for believing that the detention of the said person

*for a further period not exceeding 72 hours

*for a further period not exceeding 48 hours

is necessary for the proper investigation of the offence concerned and I say that the investigation is being conducted diligently and expeditiously.

The basis for my so believing is as follows:

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

Informant

SWORN before me this ........day of.......20...

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

Judge of the District Court

*Delete if inapplicable

Schedule B O. 17 r. 10

17.12 CRIMINAL JUSTICE (DRUG TRAFFICKING) ACT 1996, SECTION *2(2)(g) *2(2)(h)

As amended by CRIMINAL JUSTICE ACT 2006

WARRANT TO EXTEND DETENTION

District Court Area of

District No.

WHEREAS ................, of............................, was arrested on the............day of..............20... at ..........a.m./p.m. on suspicion of having committed a drug trafficking offence, to wit

And is at present detained at............................................pursuant to

*a direction under paragraph (c) of section 2(2) of the above Act,

*a warrant under paragraph (g)(ii) of section 2(2) of the above Act,

AND WHEREAS on the hearing of an application pursuant to

*paragraph (g) of section 2(2)

*paragraph (h) of section 2(2) of the Act by ,

* a member of the Garda Síochána not below the rank of Chief Superintendent, for a warrant authorising the further detention of............... for a further period not exceeding 72 hours

* a member of the Garda Síochána not below the rank of Chief Superintendent for a warrant authorising the further detention of ................for a further period not exceeding 48 hours

which said period of detention will expire on the............day of..............20... at ..........a.m./p.m. or the determination of the said application

*and having heard the evidence adduced

*and having heard what was submitted by the said

I AM SATISFIED THAT such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

I HEREBY AUTHORISE the detention of ......................................for a further period of ............hours, such further period of detention to commence at the expiry of the period of detention authorised by

*the direction under paragraph (c) of section 2(2) of the Act,

*the warrant under paragraph (g)(ii) of section 2(2) of the Act

or, if later, on the determination of the application by the issuing of this warrant

Dated and issued this ........day of.......20...

At ................a.m./p.m.

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

Judge of the District Court

To: *Chief Superintendent of the Garda Síochána at

*Person in charge of the place of detention at

*Delete if inapplicable

Schedule B O.28A r.2, r.4

No. 28A.1 CRIMINAL JUSTICE ACT 2006, Section *99(1) *99(6)

ORDER SUSPENDING EXECUTION OF A SENTENCE OF IMPRISONMENT SUBJECT TO CONDITIONS AND RECOGNISANCE

District Court Area of

District No.

...........................................................................................................................Prosecutor

..........................................................................................................................................Accused

UPON CONVICTION on the ...........day of .......................20.... of the above-named offender of........................................................... *(in said District) *(in District No.) of the following offence—

That he did

Contrary to

The Court sentenced the said offender to a term of imprisonment of

THE COURT HEREBY ORDERS THAT

Subject to the said offender entering into a recognisance to comply with the conditions of, or imposed in relation to this order, the execution of

*the whole of the sentence of imprisonment

*part of the sentence of imprisonment comprising the term of

Be and is hereby suspended [for the period of............, until the.......day of............20... ][until further order of this Court].

CONDITIONS

IT IS A CONDITION OF THIS ORDER that the said offender shall keep the peace and be of good behaviour during

*the period of suspension of the sentence

*the period of imprisonment and the period of suspension of the sentence

*And the Court considering (a) that it is appropriate having regard to the nature of the offence and (b) that it will reduce the likelihood of the said offender committing any other offence,

IT IS A CONDITION OF THIS ORDER that

[here insert any condition imposed in accordance with Section 99(3) of the Criminal Justice Act 2006 ]

*And upon application of .......................................of the Probation and Welfare Service made on the........... day of ........ 20... under section 99(6) of the Criminal Justice Act 2006 and having heard the evidence offered on such application

*IT IS A CONDITION OF THIS ORDER that

[here insert any condition imposed in accordance with Section 99(4) of the Criminal Justice Act 2006 , e.g. (a) that the offender co-operate with the probation and welfare service to the extent specified by the Court for the purpose of his or her rehabilitation and the protection of the public;

(b) that the offender undergo such—

(i) treatment for drug, alcohol or other substance addiction,

(ii) course of education, training or therapy,

(iii) psychological counselling or other treatment, as may be approved by the Court;

(c) that the offender be subject to the supervision of the probation and welfare service.]

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

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

Judge of the District Court

RECOGNISANCE

Whereas upon conviction on the ...........day of .................20.... of the offence that he did .............................................contrary to , the offender was sentenced to a term of imprisonment of

THE COURT ORDERED THAT execution of *the whole of the sentence of imprisonment

*part of the sentence of imprisonment comprising the term of .......................

be suspended [for the period of............, until the.......day of............20... ][until further order of the Court] subject to the offender entering into a recognisance *without surety *with.....surety/sureties, in the sum(s) specified to comply with the conditions of, or imposed in relation to the said order, and conditionally on his/her compliance with the further provisions of said order as set out above

until the.....day of..................................20.....

I................................................ of................................................

the above named offender enter into this recognisance to comply with the conditions of the order set out above until the.......day of............20...

And on such compliance, then this recognisance shall be void, save in respect of any breach of any condition thereof during the period of the said recognisance or else to stand in full force and effect.

† Further, I/we acknowledge *myself *ourselves to owe to the State the sums following, that is to say

Offender..............................of..................... the sum of €.................

Surety..............................of..................... the sum of €.................

to the use of the Minister for Finance if the above-named offender fails to comply with *(any of the) condition(s) set out herein

Offender

Surety

Acknowledged before me this............ day of .................20......

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

Judge of the District Court

*To: Superintendent of the Garda Síochána at

*To: Governor of .................Prison

*To: Probation and Welfare Service at

*Delete if inapplicable

† Delete if no surety

Schedule B O.28A r.4

28A.2 CRIMINAL JUSTICE ACT 2006, Section 99(6)

INFORMATION FOR THE IMPOSITION OF CONDITIONS IN AN ORDER SUSPENDING A SENTENCE OF IMPRISONMENT

District Court Area of

District No.

................................................................................................ Prosecutor

................................................................................................ Accused

†..................................................................................................Surety

................................................................................................ Applicant

An order was made by the Court under Section 99(1) of the Criminal Justice Act 2006 on the ....... .......day of ......20... suspending *the whole of *part of a sentence of imprisonment imposed on the above-named offender of.................................... ........ and the said offender was bound by a recognisance entered into by *him/her † (with the above-named surety) under Section 99 of the said Act of 2006, to comply with the conditions of, or imposed in relation to that order, namely

That the said offender shall keep the peace and be of good behaviour during

*the period of suspension of the sentence

*the period of imprisonment and the period of suspension of the sentence

[and insert any condition imposed in accordance with Section 99(3) of the Criminal Justice Act 2006 ]

[and insert any condition imposed in accordance with Section 99(4) of the Criminal Justice Act 2006 ]

I, the above-named informant ................, of............................, a probation and welfare officer, do hereby apply under section 99(6) of the said Act of 2006 for an order imposing in relation to the Court’s said order under Section 99(1) of the said Act of 2006 conditions referred to in section 99(4) of the said Act, namely

[insert any condition sought in accordance with Section 99(4) of the Criminal Justice Act 2006 , e.g. (a) that the offender co-operate with the probation and welfare service to the extent specified by the Court for the purpose of his or her rehabilitation and the protection of the public;

(b) that the offender undergo such—

(i) treatment for drug, alcohol or other substance addiction,

(ii) course of education, training or therapy,

(iii) psychological counselling or other treatment, as may be approved by the Court;

(c) that the offender be subject to the supervision of the probation and welfare service.]

on the grounds that I believe that it is expedient that such conditions be imposed.

The basis for my so believing is as follows—

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

Informant

SWORN before me this ........day of.......20...

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

Judge of the District Court

*Delete if inapplicable

† Delete if no surety

Schedule B O.28A r.4

No. 28A.3 CRIMINAL JUSTICE ACT 2006, Section 99(1)

WARRANT TO PRODUCE OFFENDER

District Court Area of

District No.

.......................................................................................................................Prosecutor

......................................................................................................................... Accused

...........................of.......................................................................... Applicant

SEND in custody the above-named offender who was committed on the ............ day of .................20......to the sitting of the District Court at....................on the ............ day of .................20......for the purpose of his/her answering an application by the above-named applicant

*for the imposition of conditions in an order suspending a sentence of imprisonment

*for an order revoking an order suspending a sentence of imprisonment

Dated the ............ day of .................20......

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

Judge of the District Court

To the Governor of the prison at

*delete if inapplicable

Schedule B O.28A r.6

28A.4 CRIMINAL JUSTICE ACT 2006, Section *99(13) *99(14)

INFORMATION FOR APPLICATION TO FIX A DATE FOR THE HEARING OF AN APPLICATION FOR AN ORDER REVOKING AN ORDER SUSPENDING A SENTENCE OF IMPRISONMENT

District Court Area of

District No.

................................................................................................ Prosecutor

................................................................................................ Accused

†..................................................................................................Surety

................................................................................................ Applicant

An order was made by the Court under Section 99(1) of the Criminal Justice Act 2006 on the ....... .......day of ......20... suspending *the whole of *part of a sentence of imprisonment imposed on the above-named offender of.................................... ........ and the said offender was bound by a recognisance entered into by *him/her †(with the above-named surety) under Section 99 of the said Act of 2006, to comply with the conditions of, or imposed in relation to that order, namely

That the said offender shall keep the peace and be of good behaviour during *the period of suspension of the sentence *the period of imprisonment and the period of suspension of the sentence

[and insert any condition imposed in accordance with Section 99(3) and/or Section 99(4) of the Criminal Justice Act 2006 ]

*I, the above-named informant ................, of............................, *a member of the Garda Síochána *the governor of the prison to which the said offender was committed

do hereby apply under section 99(13) of the said Act of 2006 for the fixing of a date for the hearing of my application for an order revoking the Court’s said order under Section 99(1) of the said Act of 2006

on the grounds that I have reasonable grounds for believing that the said offender has contravened the condition that he/she shall keep the peace and be of good behaviour during *the period of suspension of the sentence *the period of imprisonment and the period of suspension of the sentence

OR

I, the above-named informant ................, of............................, a probation and welfare officer,

do hereby apply under section 99(14) of the said Act of 2006 for the fixing of a date for the hearing of my application for an order revoking the Court’s said order under Section 99(1) of the said Act of 2006 on the grounds that I have reasonable grounds for believing that the said offender has contravened a condition imposed under *section 99(3) *section 99(4) of the said Act, namely

[here insert condition contravened]

The basis for my so believing is as follows:

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

Informant

SWORN before me this ........day of.......20...

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

Judge of the District Court

*Delete if inapplicable

† Delete if no surety

Schedule B O.28A r.6

28A.5 CRIMINAL JUSTICE ACT 2006, Section *99(13) *99(14)

NOTICE OF APPLICATION FOR AN ORDER REVOKING AN ORDER SUSPENDING A SENTENCE OF IMPRISONMENT

District Court Area of

District No.

................................................................................................ Prosecutor

................................................................................................ Accused

†..................................................................................................Surety

................................................................................................ Applicant

WHEREAS information in writing has been sworn by the above-named applicant..................

............of.................................................................................... *a member of An Garda Síochána *a prison governor *a probation and welfare officer, that an order was made by the Court under Section 99(1) of the Criminal Justice Act 2006 on the ....... .......day of ......20... suspending *the whole of *part of a sentence of imprisonment imposed on you, the above-named offender of.................................... ........ and you were bound by a recognisance entered into by you †(with the above-named surety) under Section 99 of the said Act of 2006, to comply with the conditions of, or imposed in relation to that order, namely

AND WHEREAS the said applicant has applied under *section 99(13) *section 99(14) of the above-mentioned Act of 2006 to fix a date for the hearing of an application for an order revoking the order made by the Court suspending *the whole of *part of a sentence of imprisonment imposed on you

TAKE NOTICE THAT you the offender are required to appear before the District Court at the sitting of the District Court to be held at ...........................on the ..... day of ............20... at ....a.m./p.m. for the hearing of an application for an order revoking the order suspending

*the whole of the sentence

*part of the sentence

imposed on you on the ........day of............20...as aforesaid.

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

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

Judge of the District Court

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

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

the above-named offender

†To......................................

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

surety

*Delete if inapplicable

† Delete if no surety

Schedule B O.28A r.10

No. 28A.6 CRIMINAL JUSTICE ACT 2006, Section 100(1)(b)

ORDER DEFERRING THE PASSING OF A SENTENCE OF IMPRISONMENT SUBJECT TO CONDITIONS

District Court Area of

District No.

...........................................................................................................................Prosecutor

........................................................................................................................... Accused

UPON CONVICTION on the ...........day of .......................20.... of the above-named offender of......................................... *(in said District) *(in District No.) of the following offence(s)—

That he did

Contrary to

And imposition of a fine of €............

THE COURT BEING SATISIFED THAT

the offender concerned consents to the sentence of imprisonment being deferred, and

the offender has given an undertaking to comply with the conditions specified in this order, and

having regard to the nature of the offence concerned and all of the circumstances of the case, it would be in the interests of justice to so do

HEREBY DEFERS the passing of a sentence of imprisonment on the said offender in respect of the said offence(s) UNTIL the specified date of the .............day of......................20... (being a date that falls not later than 6 months after the date of this order) subject to compliance by the said offender with the conditions specified and set out below in this order

AND THE COURT SPECIFIES that it would propose to impose a term of imprisonment of ..............................on the said offender in respect of the said offence(s) should the said offender fail or refuse to comply with the conditions specified in this order

CONDITIONS

IT IS A CONDITION OF THIS ORDER that the said offender shall be of good behaviour and keep the peace during the period between the date of this order and the said specified date being the .............day of......................20....

IT IS A CONDITION OF THIS ORDER that

[here insert any other condition imposed in accordance with Section 100(3)(b) of the Criminal Justice Act 2006 ]

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

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

Judge of the District Court

AND THE SAID OFFENDER WILL BE REQUIRED NOT LATER THAN ONE MONTH BEFORE THE SPECIFIED DATE TO ATTEND A SITTING OF THIS COURT AT A DATE AND TIME SPECIFIED IN A NOTICE TO BE ADDRESSED AND GIVEN TO THE SAID OFFENDER FOR THAT PURPOSE.

*delete where inapplicable

Schedule B O.28A r.12

28A.7 CRIMINAL JUSTICE ACT 2006, Section 100(5)

NOTICE TO ATTEND SITTING OF THE COURT

District Court Area of

District No.

................................................................................................ Prosecutor

................................................................................................ Accused

WHEREAS an order was made under Section 100(1)(b) of the Criminal Justice Act 2006 on the .....day of...................................20.... DEFERRING the passing of a sentence of imprisonment on you the said offender in respect of the offence(s) of which you were convicted subject to compliance by you the said offender with the conditions of the said order and specifying that the Court would propose to impose a term of imprisonment of ..............................on you in respect of the said offence(s) should you fail or refuse to comply with the conditions specified in the said order until the specified date of the .............day of......................20...

TAKE NOTICE THAT you the offender are required to appear at the sitting of the District Court to be held at ...........................on the ..... day of ............20... at ....a.m./p.m., when the Court will proceed pursuant to Section 100(11) or Section 100(12) of the said Act of 2006.

IF YOU the offender fail to appear at the sitting of the District Court to be held at ..................on the ..... day of ............20... at ....a.m./p.m., as required by this notice, the Court may issue a warrant for your arrest.

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

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

Judge of the District Court

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

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

the above-named offender

Schedule B O.28A r.13

28A.8 CRIMINAL JUSTICE ACT 2006, Section 100(7) and 100(10)

INFORMATION FOR APPLICATION TO FIX A DATE FOR THE HEARING OF AN APPLICATION FOR AN ORDER IMPOSING A SENTENCE OF IMPRISONMENT SPECIFIED IN AN ORDER DEFERRING SUCH SENTENCE

District Court Area of

District No.

................................................................................................ Prosecutor

................................................................................................ Accused

................................................................................................ Applicant

An order was made by the Court under Section 100(1)(b) of the Criminal Justice Act 2006 on the ....... .......day of............... ......20..... deferring the passing of a sentence of imprisonment on the above-named offender in respect of the offence(s) of which the said offender was convicted subject to compliance by the said offender with the conditions of the said order and specifying that the Court would propose to impose a term of imprisonment of ..............................on the said offender in respect of the said offence(s) should the said offender fail or refuse to comply until the specified date of the .............day of......................20... with the conditions specified in the said order, namely

That the said offender shall be of good behaviour and keep the peace during the period between the date of the said order and the specified date, and

[here insert any other condition imposed in accordance with Section 100(3)(b) of the Criminal Justice Act 2006 ]

*I, the above-named informant ................, of............................, a member of the Garda Síochána, do hereby apply under section 100(7) of the said Act of 2006 for the fixing of a date for the hearing of my application under section 100(10) of the said Act of 2006 for an order imposing the term of imprisonment specified in the Court’s said order under Section 100(1)(b) of the said Act of 2006

on the grounds that I have reasonable grounds for believing that the said offender has contravened a condition of that order, namely

The basis for my so believing is as follows:

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

Informant

SWORN before me this ........day of.......20...

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

Judge of the District Court

*Delete if inapplicable

Schedule B O.28A r.13

28A.9 CRIMINAL JUSTICE ACT 2006, Section 100(7) and 100(10)

NOTICE OF APPLICATION FOR AN ORDER IMPOSING A SENTENCE OF IMPRISONMENT SPECIFIED IN AN ORDER DEFERRING SUCH SENTENCE

District Court Area of

District No.

................................................................................................ Prosecutor

................................................................................................ Accused

................................................................................................ Applicant

WHEREAS information in writing has been sworn by the above-named applicant..............................of.................................................................................... a member of An Garda Síochána, that an order was made by the Court under Section 100(1)(b) of the Criminal Justice Act 2006 on the ....... .......day of ......20... deferring the passing of a sentence of imprisonment on you the above-named offender in respect of the offence(s) of which you were convicted subject to compliance by you with the conditions of the said order and specifying that the Court would propose to impose a term of imprisonment of ..............................on you in respect of the said offence(s) should you fail or refuse to comply until the specified date of the .............day of......................20... with the conditions specified in the said order, namely

AND WHEREAS the said applicant has applied under section 100(7) of the above-mentioned Act of 2006 to fix a date for the hearing of an application for an order under section 100(10) of the said Act imposing on you the term of imprisonment specified in the Court’s said order under Section 100(1)(b) of the said Act of 2006

TAKE NOTICE THAT you the offender are required to appear at the sitting of the District Court to be held at ...........................on the ..... day of ............20... at ....a.m./p.m, being the date, time and place fixed for the hearing of the said application.

AND TAKE NOTICE THAT if you the offender fail to appear at the sitting of the District Court to be held at ..................on the ..... day of ............20... at ....a.m./p.m., as required by this notice, the Court may issue a warrant for your arrest.

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

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

Judge of the District Court

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

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

the above-named offender

Schedule B O.28A r.15 & r.16

No. 28A.10 CRIMINAL JUSTICE ACT 2006, Section 101(1)

RESTRICTION ON MOVEMENT ORDER

District Court Area of

District No.

...........................................................................................................................Prosecutor

.......................................................................................................................... Accused

UPON CONVICTION on the ...........day of .......................20.... of the above-named offender of........................................................... *(in said District) *(in District No.), aged 18 years or more of an offence specified in Schedule 3 of the above-mentioned Act of 2006, namely–

That he did

Contrary to

and considering it appropriate to impose a sentence of imprisonment for a term of 3 months or more in respect of the offence

and considering, *(having regard to the written report of a probation and welfare officer and) having regard to the offender and his/her circumstances that the offender is a suitable person in respect of whom this order may be made

*and with the consent of ............................ (and ................), being *the owner of *an adult person habitually residing at *the person in charge of the place(s) concerned in this order

and having explained to the offender in ordinary language—

the effect of this order,

the consequences which may follow any failure by the offender to comply with the requirements of this order, and

that the court has power under section 103 of the said Act of 2006 to vary the order on the application of any person referred to in that section

and the offender agreeing to comply with the requirements of this order

THE COURT as an alternative to a sentence of imprisonment HEREBY ORDERS under section 101 of the said Act of 2006

THAT the said offender’s movements be restricted to the following extent and in the following manner, namely

*[Here set out specified restrictions, e.g. that the offender be in/at during the period ...........between the times of ...............a.m./p.m. on each day and ..................... a.m./p.m. the following day on ............of each week (or on every day of the week); that the offender not be in/at ........................between the times of ...............a.m./p.m. on each day and ..................... a.m./p.m. the following day on ............of each week (or on every day of the week)]

*and the Court considering it necessary for the purposes of ensuring that while this order is in force the offender will keep the peace and be of good behaviour and will not commit any further offences

IT IS A CONDITION OF THIS ORDER that

[here insert any other condition imposed in accordance with Section 101(4) of the Act]

And this Order shall remain in force during the period (being a period not exceeding 6 months) of ........................ from the..........day of ................, 20...to the ..........day of ................, 20....and during that period the offender shall keep the peace and be of good behaviour.

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

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

Judge of the District Court

*delete where inapplicable

Schedule B O.28A r.16

28A.11 CRIMINAL JUSTICE ACT 2006, Section 103(1)

NOTICE OF APPLICATION TO VARY RESTRICTION ON MOVEMENT ORDER

District Court Area of

District No.

.....................................................................................................................Prosecutor

.......................................................................................................................... Accused

.........................................................................................................................Applicant

.................................................................................................................Respondents

WHEREAS the Court on the .......day of ..............20... made a restriction on movement order under section 101 of the above-mentioned Act of 2006 in respect of the above-named offender for the period of ........................ from the..........day of ................, 20...to the ..........day of ................, 20....

TAKE NOTICE that the above-named applicant will apply under section 103(1) of the said Act of 2006 at the sitting of the District Court to be held at .......................................... on the ..... day of ............20... at ....a.m./p.m. for an order varying the said restriction on movement order as follows-:

on the grounds that—

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

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

Applicant / Solicitor for the applicant

To the above-named respondents

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

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

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

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

*Delete words inapplicable

Schedule B O.28A r.17

28A.12 CRIMINAL JUSTICE ACT 2006, Section 105(1)

INFORMATION FOR APPLICATION FOR AN ORDER ON NON-COMPLIANCE WITH A RESTRICTION ON MOVEMENT ORDER

District Court Area of

District No.

................................................................................................ Prosecutor

................................................................................................ Accused

................................................................................................ Applicant

A restriction on movement order was made by

*the Court

*the District Court for the District Court District No ...............sitting at...............................

under Section 101(1) of the Criminal Justice Act 2006 on the ....... .......day of ......20... in respect of the above-named offender, which order provided that the said offender’s movements be restricted to the following extent and in the following manner, and subject to the following condition(s), namely

[set out relevant restriction(s) and condition(s)]

I, the above-named informant ................, of............................, a member of the Garda Síochána, do hereby apply for an order of the Court under section 105(1) of the said Act of 2006

*directing the said offender to comply with the restriction on movement order or any condition of the restriction on movement order in so far as it has not been complied with, or

revoking the restriction on movement order and making another restriction on movement order in respect of the offender, or

revoking the restriction on movement order and dealing with the case in any other way in which it could have been dealt with before the restriction on movement order was made

*remanding the offender on bail to a sitting of the District Court for the District Court district of ...............to be dealt with by that Court.

on the grounds that I believe that the said offender has failed, without reasonable cause, to comply with the said restriction on movement order or a condition to which the restriction on movement order is subject.

The basis for my so believing is as follows:

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

Informant

SWORN before me this ........day of.......20...

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

Judge of the District Court

*Delete if inapplicable

Schedule B O.28A r.17

28A.13 CRIMINAL JUSTICE ACT 2006, Section 105(3)

SUMMONS TO ANSWER APPLICATION FOR AN ORDER ON NON-COMPLIANCE WITH A RESTRICTION ON MOVEMENT ORDER

District Court Area of

District No.

................................................................................................ Prosecutor

................................................................................................ Accused

................................................................................................ Applicant

WHEREAS information in writing has been sworn by the above-named applicant..................

............of.................................................................................... a member of An Garda Síochána, that

a restriction on movement order was made by

*the Court

*the District Court for the District Court district No ...............sitting at...............................

under Section 101(1) of the Criminal Justice Act 2006 on the ....... .......day of ......20... in respect of you, the above-named offender, which order provided that your movements be restricted.

AND WHEREAS the said applicant has applied for an order under section 105(1) of the above-mentioned Act of 2006 on the grounds that you have failed, without reasonable cause, to comply with the said restriction on movement order or a condition to which the restriction on movement order is subject

THIS IS TO COMMAND you the offender to appear at the sitting of the District Court to be held at ...........................on the ..... day of ............20... at ....a.m./p.m. to show cause why such application should not be allowed.

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

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

Judge of the District Court

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

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

the above-named offender

*delete if inapplicable

Schedule B O31. r.8

31.7 CRIMINAL JUSTICE ACT 2006, Section 5(9)

INFORMATION

*District Court Area of

District No.

*Dublin Metropolitan District

THE INFORMATION of ................................ of..................................................... a member of the Garda Síochána not below the rank of Superintendent

Who says on oath that—

On the ...... day of ............. 20....at ..... o’clock at .................................... in exercise of *my *his/her powers under sub-section (3) of Section 5 of the Criminal Justice Act 2006 ,

*I gave *Superintendent ..........of an Garda Síochána at.........................gave

a direction designating as a crime scene a place, in the court (area and) district aforesaid, namely (give sufficient detail to allow the crime scene to be identified appending, where considered necessary, a map of the location)

and the said direction is in force and ceases to be in force at .... o’clock on the..... day of....... 20.....

I believe that the continuation in force of the direction designating the above place as a crime scene is justified as-:

— there are reasonable grounds for believing that there is, or may be, evidence (within the meaning of the said Act of 2006) at the crime scene,

— the continuance of the direction in force is necessary to preserve, search for and collect any such evidence, and

— the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously.

The bases of my belief in relation to the foregoing are as follows:

*Notice of this application has been given to ............................. the *occupier *owner of the place designated as a crime scene by........................

*Notice has not been given as *it was not reasonably practicable to ascertain the identity or whereabouts of the *occupier *owner /*the place designated as a crime scene is unoccupied.

And I hereby apply for an order continuing the direction in force for

*the period of ......... hours (being a period not exceeding 48 hours)

* the further period of ... hours (being a period not exceeding 48 hours), this being the *second *third application to continue the said direction in force

such period to commence upon the expiration of the period for which the direction is in force, until ..... o’clock on the........ day of................ 200....

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

Informant

SWORN before me this...... day of ............. 20.....

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

Judge of the District Court

* Delete words inapplicable

Schedule B O. 31 r. 9

31.8 CRIMINAL JUSTICE ACT 2006, Section 5(13)

NOTICE OF APPLICATION TO BE HEARD

*District Court Area of

District No.

*Dublin Metropolitan District

....................................................................................... Applicant

of

.......................................................................................... Respondent

of

TAKE NOTICE that the above-named applicant, of

..............................................................will apply to the District Court sitting at.......................................................on the .......day of................20......at ..............a.m./p.m. under section 5(13) of the above-mentioned Act to be heard on an application under section 5(9) of the said Act for an order continuing in force the direction designating as a crime scene a place, namely

and the applicant is the *occupier *owner of the said place.

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

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

Applicant

To......................., the Respondent

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

And to: District Court Clerk at..................

* Delete words inapplicable

Schedule B O. 31 r. 10

31.9 CRIMINAL JUSTICE ACT 2006, Section 5(9)

ORDER CONTINUING A DIRECTION IN FORCE

*District Court Area of

District No.

*Dublin Metropolitan District

WHEREAS from the application by information on oath (*and in writing) under section 5(9) of the above-mentioned Act of 2006 sworn before me on this day, by ...................................... of ..................................a member of the Garda Síochána not below the rank of Superintendent

BEING SATISFIED THAT

On the ...... day of ............. 200...at ..... o’clock at.................. ................., in exercise of *his/*her powers under subsection (3) of Section 5 of the Criminal Justice Act 2006 , the said applicant gave a direction designating as a crime scene a place, in the court (area and) district aforesaid, namely (give sufficient description and detail to allow the crime scene to be identified appending, where considered necessary, a map of the location)

— the said direction is in force and ceases to be in force at .... o’clock on the..... day of....... 200...

— there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,

— the continuance of the direction in force is necessary to preserve, search for and collect any such evidence, and

— the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously.

*AND HAVING HEARD

.......................................................the *occupier *owner

IT IS ORDERED that the direction in force be continued

*for the period of ............ hours (being a period not exceeding 48 hours)

*for the further period of ... hours (being a period not exceeding 48 hours) this being the *second *third order continuing the direction in force,

to commence upon the expiration of the period for which the direction is in force, †

CONDITIONED THAT

for the purpose of protecting the interests of the occupier or owner of the place designated as a crime scene.

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

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

Judge of the District Court

* Delete words inapplicable

†Note provision of section 5(15) of the Act

SCHEDULE 2

Schedule B O. 17, r. 7(2)

17.5 OFFENCES AGAINST THE STATE ACT 1939, SECTION 30

As amended by OFFENCES AGAINST THE STATE (AMENDMENT) ACT 1998 and CRIMINAL JUSTICE ACT 2006

Section 30(4A)

WARRANT TO DETAIN

District Court Area of

District No.

WHEREAS ............................................, was arrested on the............day of..............20... at ..........a.m./p.m. pursuant to the provisions of section 30 of the above Act on suspicion of having committed an offence, to wit

and is at present detained pursuant to a direction under section 30(3) of the Act,

AND WHEREAS on the hearing of an application pursuant to section 30(4) of the Act by ............................................. of............................................................

a member of the Garda Síochána not below the rank of Superintendent, for a warrant authorising the further detention of................. whose current period of detention will expire on the ........day of....................20...at ...............a.m./p.m or on the determination of said application

I AM SATISFIED THAT such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

I HEREBY AUTHORISE the detention of ......................................for a further period of ............hours, such period of detention to commence at the expiry of the period of detention authorised by section 30(3) of the Act or, if later, on the determination of the application by the issuing of this warrant.

Dated and issued this ........day of.......20...

At ................a.m./p.m.

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

Judge of the District Court

To: Superintendent of the Garda Síochána at

Schedule B O. 17 r. 9(1)

17.8 CRIMINAL JUSTICE ACT 1999, SECTION 42

As amended by CRIMINAL JUSTICE ACT 2006, SECTION 11

INFORMATION

District Court Area of

District No.

................................................................................................ Prosecutor

................................................................................................ Accused

THE INFORMATION OF...................................................... ........

of ...................................................... ........, a member of the Garda Síochána not below the rank of Superintendent who swears that

................, of............................, a prisoner within the meaning of section 42(1) of the Criminal Justice Act 1999 is currently detained at

I believe that there are reasonable grounds for suspecting that the said.....................has committed an offence or offences other than the offence or offences in connection with which he/she is imprisoned, to wit:

The arrest of the said......................is necessary for the proper investigation of the offence or offences that he/she is suspected of having committed.

*The said.................has previously been arrested for the said offence(s), but further information has come to the knowledge of the Garda Síochána since that arrest as to the suspected participation of the said .....................in the offence(s) for which his/her arrest is sought.

The basis for my so believing is as follows:

AND I HEREBY apply for the issue of a warrant for the arrest of the said

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

Informant

SWORN before me this ........day of.......20...

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

Judge of the District Court

*Delete if inapplicable

Schedule B O. 17 r.9(2)

17.9 CRIMINAL JUSTICE ACT 1999, SECTION 42

As amended by CRIMINAL JUSTICE ACT 2006, SECTION 11

WARRANT TO ARREST

District Court Area of

District No.

................................................................................................ Prosecutor

................................................................................................ Accused

WHEREAS from the information on oath and in writing sworn before me by ................, of............................, a member of the Garda Síochána not below the rank of Superintendent, that ................, of............................, a prisoner within the meaning of section 42(1) of the Criminal Justice Act 1999 is currently detained at .....................................................and is suspected of having committed an offence or offences other than the offence or offences in connection with which he/she is imprisoned, to wit:

I AM SATISFIED THAT

There are reasonable grounds for suspecting that the said.....................has committed an offence or offences other than the offence or offences in connection with which he/she is imprisoned.

The arrest of the said......................is necessary for the proper investigation of the offence or offences that he/she is suspected of having committed.

*The said.................has previously been arrested for the said offence(s), but further information has come to the knowledge of the Garda Síochána since that arrest as to the suspected participation of the said .....................in the offence(s) for which his/her arrest is sought.

THIS IS TO AUTHORISE YOU to whom this warrant is addressed to arrest the said

Dated and issued this ........day of.......20...

At ................a.m./p.m.

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

Judge of the District Court

To: Superintendent of the Garda Síochána at

*Delete if inapplicable

Schedule B O.31, r.2(1)

No. 31.1 CRIMINAL JUSTICE ACT 1984

Section 8 (as amended by CRIMINAL JUSTICE ACT 2006, Section 12)

NOTICE OF APPLICATION FOR AN ORDER FOR THE PRESERVATION OF *PHOTOGRAPH* PRINTS

District Court Area of

District No.

Director of Public Prosecutions.........................................................................................Applicant

and

........................................................................................................................................Respondent

of

*(in the court area and district aforesaid)

WHEREAS the above-named respondent was on the........... day of ........ 20... arrested by ...................... of the Garda Síochána at ..............................*(in the court area and district aforesaid) on suspicion of having committed *(in the court area and district aforesaid)

*an offence to which section 4 of the above-mentioned Act of 1984 applies,

*an offence,

namely,

AND WHEREAS the said respondent was taken to and detained in................... Garda Síochána station, and while so detained

*(he/she was photographed)

*(his/her fingerprints /palm prints were taken)

pursuant to *section 6 of the said Act of 1984 * section 12 of the Criminal Justice Act 2006

AND WHEREAS the destruction of the said *(photograph) *(prints) would require to be carried out on the ...... day of....................... 20....,

TAKE NOTICE that the above-named applicant will apply to the District Court sitting at................... on the............... day of ..............20...... at........ a.m./p.m. for an order authorising the preservation of the said *(photograph) *(prints) for a period not exceeding twelve months, on the ground that *(it) *(they) may be required for the purpose of proceedings or further proceedings in relation to the offence.

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

Signed

Applicant/Solicitor for Applicant

To

of

the above-named respondent

and to District Court Clerk at

*delete where inapplicable

Schedule B O.31, r.3

No. 31.2 CRIMINAL JUSTICE ACT 1984

Section 8 (as amended by CRIMINAL JUSTICE ACT 2006, Section 12)

ORDER FOR THE PRESERVATION OF *PHOTOGRAPH* PRINTS

District Court Area of

District No.

Director of Public Prosecutions.....................................................................................Applicant

and

................................................................................................................Respondent

of

*(in the court area and district aforesaid)

UPON HEARING an application by the above-named applicant for an order pursuant to section 8(7) of the above-named Act of 1984 authorising the preservation, for a period not exceeding twelve months, of *(a photograph) *(fingerprints/palm prints) of the above-named respondent taken at ...........................................................Garda Síochána station on the.........day of .................. 20...... while he/she was detained there on suspicion of having committed

*an offence to which section 4 of the above-mentioned Act of 1984 applies,

*an offence,

namely,

THE COURT being satisfied

1. that the destruction of the said *(photograph) *(prints) is required to be carried out on the ...... day of .............. 20.....

2. that notice of the application was duly served upon the respondent, and

3. that the *(photograph) *(prints) may be required for the purpose of proceedings or further proceedings in relation to the offence

HEREBY ORDERS that the said *(photograph) *(prints) be preserved for the period of........... (being a period not exceeding twelve months) from the date hereof.

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

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

Judge of the District Court

*delete where inapplicable

GIVEN this 15th day of January 2007

MIRIAM MALONE Chairperson

UINSIN MAC GRUAIRC

JOHN P BROPHY

MARY C DEVINS

THOMAS E O’DONNELL

HUGH O’NEILL

FIONA TWOMEY

JOE JEFFERS

DAVID KELLY

NOEL A DOHERTY

ELIZABETH HUGHES Secretary

I concur in the making of the foregoing rules

Dated this 3rd day of May 2007

/images/ls

GIVEN under my Official Seal,

3 May 2007

MICHAEL MCDOWELL.

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules amend the following Orders 13, 14, 17, 26, 31 and 100, and insert a new Order 28A to provide forms and procedure in respect of changes arising from the entry into force of certain provisions of the Criminal Justice Act 2006 .