S.I. No. 448/2001 - District Court (Criminal Justice)(No. 2) Rules, 2001


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 (Criminal Justice) (No. 2) Rules, 2001.

2    These rules shall come into operation on the 1st day of October, 2001 and shall be read together with all other District Court rules for the time being in force.

3    The Forms numbered 17.8 and 17.9 in Schedule 1 hereof shall be added to Schedule 4 of the District Court (Criminal Justice) Rules, 2001 ( SI No 194 of 2001 ) and to Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

Given this 10th day of September 2001

Peter Smithwick

Chairman

John Garavan

Uinsin Mac Gruairc

John P Brophy

Mary C Devins

Sean McMullin

John McGreevy

Secretary

I concur in the making of the foregoing rules

Dated this 27th day of September, 2001

John O'Donoghue

Minister for Justice, Equality and Law Reform

Schedule 1

17.8

CRIMINAL JUSTICE ACT, 1999

Section 42

INFORMATION

District Court Area of

District No.

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

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

THE INFORMATION of ..........................................................

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

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

I have reasonable grounds for suspecting that the said.......................has committed an offence, to wit

The ground for so suspecting is as follows:

* The prisoner has previously been arrested for the said offence and released without charge. Further relevant information has come to the knowledge of the Garda Siochana.

* Delete if applicable

I FURTHER say that the arrest of the said prisoner is necessary for the proper investigation of the said offence.

I HEREBY apply for the issue of a warrant for the arrest of............................................................ ............................................................ .................................

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

Informant

SWORN before me this     day of        20

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

Judge of the District Court

Schedule 1

17.9

CRIMINAL JUSTICE ACT, 1999

Section 42 (2)

WARRANT TO ARREST

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me by ............................................... Member of the Garda Siochana not below the rank of Superintendent.

that.........................................................is currently a prisoner in ....................and is suspected of having committed an offence to wit;

Contrary to

I AM SATISFIED that the arrest of the said prisoner is necessary for the proper investigation of the offence.

* AND that further information concerning the suspected participation of the accused in the said offence has now come to the knowledge of the Garda Siochana

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

said....................................

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

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

Judge of the District Court

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

of the Garda Siochana at........................................

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

Explanatory Note

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

These rules, which come into effect on 1st October, 2001, rectify an omission in the District Court (Criminal Justice) Rules, 2001, ( S.I. No. 194 of 2001 ).