S.I. No. 201/2005 - District Court (Criminal Justice) Rules, 2005

STATUTORY INSTRUMENTS

S.I. 201 of 2005

District Court (Criminal Justice) Rules, 2005

S.I. 201 of 2005

District Court (Criminal Justice) Rules, 2005

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 , and by section 21(1) of the Economic and Monetary Union Act, 1998 , 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) Rules, 2005.

2.   These rules shall come into operation on the 6th day of April 2005 and shall be read together with all other District Court rules for the time being in force.

3.   Order 24 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended

(i)       by the insertion in rule 7(1) immediately following the words “personally upon the accused” of the words “or upon his solicitor, if any”;

(ii)      by the substitution for rule 10 of the following rule:

“10. When the documents specified in section 4B(1) of the Act have been served on the accused the Judge shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 and, where appropriate, section 3 of the Offences Against the State (Amendment) Act 1998 by order (Form 24.9, Schedule B) send him or her forward for trial.”

and the said Order 24 as so amended appears in the Schedule hereto.

SCHEDULE

ORDER 24

PROCEEDINGS RELATING TO INDICTABLE OFFENCES

In this Order “the Act” means the Criminal Procedure Act. 1967 ( No.12 of 1967 ) as amended by the Criminal Justice Act, 1999 (No. 10 of 1999)

* 1. Where an accused person is before the Court charged with an indictable offence which the Court has jurisdiction to deal summarily if the accused does not object, the Judge shall inform the accused of his or her right to be tried by a jury and if the accused, on being informed by the Court of his or her right to be tried with a jury, does not object to being tried summarily, and the Director of Public Prosecutions consents to the accused being tried summarily for such offence, and if, after hearing such facts as may be alleged in support of the charge the Judge is of opinion that they constitute a minor offence fit to be so tried, the Judge shall take the accused's plea and try him or her summarily.

* Criminal Justice Act, 1951 [s. 2 (2) (a)] as substituted by section 8 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 .

+2. Where an accused person is before the Court charged with an indictable offence with which the Court has jurisdiction to deal summarily if the accused pleads guilty the Director of Public Prosecutions consents, the Judge, on being satisfied that the accused understands the nature of the offence and the facts alleged, may deal with the case summarily if the accused pleads guilty and the Director so consents.

o3. Where an accused person is before the Court charged with an indictable offence requiring the consent of the Director of Public Prosecutions to summary trial, then, on such consent being conveyed to the Court, the Court shall proceed in accordance with the provisions of rule 1 hereof.

--4. The consent of the Director of Public Prosecutions under any provision of Consent of this Order may be conveyed in writing signed by the Director or orally by a person prosecuting at the suit of or appearing on behalf of the said Director.

m5. Where an accused person is before the Court charged with an indictable offence not being an offence under the Treason Act, 1939 , murder, attempt to murder, conspiracy to murder, piracy, genocide or a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962 , including an offence by an accessory before or after the fact, nor an offence being dealt with summarily, and the Court is satisfied that the accused person understands the nature of the offence and the facts alleged, then, if the accused signs a plea guilty (Form 24.1, Schedule B), and the Director of Public Prosecutions consents the Judge may by order (Form 24.2, Schedule B) 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 would lawfully have been sent forward for trial.

+ Criminal Procedure Act, 1967 [s.13 (2), (a)].

oCriminal Procedure Act, 1967 [s.19].

++Criminal Procedure Act, 1967 [s.20].

mCriminal Procedure Act, 1967 [s.13 (2) (b)].

6. Where an accused person is before the Court charged with an indictable offence not being dealt with in accordance with rules 1, 2, 3.or 5 hereof and the prosecutor consents to the accused being sent forward for trial the Judge shall remand the accused to a further sitting of the Court to allow service of the documents specified in section 4B(1) of the Act

7.(1) The documents specified in section 4B (1) of the Act shall be in accordance with Forms 24.3 to 24.7, Schedule B and shall be served personally upon the accused or upon his solicitor, if any, at the earliest opportunity, but save with the leave of the Court, shall not be served later than forty two days after the first appearance of the accused before the Court.

(2) Copies of the said documents together with a statutory declaration as to service thereof shall be lodged with the Clerk within eight days of such service.

8. Any further statement served upon the accused pursuant to section 4C(1) of the Act shall be in accordance with Form 24.8, Schedule B.

9. The accused shall have the right to inspect all exhibits.

10. When the documents specified in section 4B(1) of the Act have been served on the accused the Judge shall, having informed the accused of the requirements of section 20 of the Criminal Justice Act, 1984 and, where appropriate, section 3 of the Offences Against the State (Amendment) Act, 1998 by order (Form 24.9, Schedule B) send him or her forward for trial.

11. Where the Court makes an order sending an accused forward for trial or sentence, the Clerk for the court area where such order was made shall transmit to the appropriate County Registrar within fourteen days from the making of such order, or forthwith where the trial of the accused is imminent,

(a) the documents specified in Section 4B of the Act and lodged by the prosecutor pursuant to rule 7(2)

(b) the order of the Judge sending the accused forward for trial or sentence,

(c) any recognisance taken in relation to the case, or money lodged in lieu of surety or sureties;

(d) a plea of guilty (if any).

12. Where the Court makes an order sending a person forward for tri-al or-sentence the Court may by warrant (Form 24.10, Schedule B) commit such person to prison to await his or her trial or sentence or release that person conditionally on his or her entering into a recognisance (Form 18.2 or 18.4 Schedule B, as the case may be).

13. The provisions regarding bail, contained in Order 18 of these Rules, in respect of a person charged before the Court with an offence, shall also apply in the case of a person sent forward for trial or sentence with consent to bail.

14. A summons or warrant issued by the Judge on foot of an Order of the trial Court under Section 4F(2) of the Act shall be in accordance with the Form 24.11 or 24.12, Schedule B as the case may be.

15. A warrant for the arrest of a person who fails to attend in answer to a summons issued under rule 14 shall be in accordance with Form 24.13, Schedule B.

16. A summons or warrant for securing the attendance of the accused before the Judge pursuant to an Order of the Trial Court under section 4F(3) of the Act shall be in accordance with Form 24.14 or 24.15 Schedule B, as the case may be. Where the accused is in custody the warrant shall be in the Form 24.16, Schedule B.

17. A warrant for the arrest of an accused who fails to attend in answer to a summons issued under rule 16 shall be in accordance with Form 24.17, Schedule B.

18. A deposition taken pursuant to section 4F of the Act shall be in accordance with the Form 24.18, Schedule B.

Where, after an accused person has been sent forward for trial, a deposition is taken under section 4F of the Act the Clerk shall transmit the deposition to the appropriate County Registrar.

19(1 )Where a person is charged before the Court with an indictable offence - and it appears to the Court that evidence (or further evidence) will be available a person to before the Court in some other District, the Court may remand such person either in custody or on bail to appear before the Court in such other District. Where the remand in custody is for a period not exceeding four days the Court may commit such person to the custody of a member of the Garda Síochána. The warrant of committal shall be in accordance with Form 24.19 or 24.20, Schedule B, as the case may be. Where such person is remanded on bail the recognisance shall be in accordance with Form 18.1 or 18.3, Schedule B, as the case may be.

EXPLANATORY NOTE

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

These rules provide for service of documents (book of evidence) either “personally upon the accused or upon his solicitor, if any”.