S.I. No. 80/2005 - District Court (Appeals To The Circuit Court) Rules, 2005

STATUTORY INSTRUMENTS.

S.I. No. 80 of 2005 .

DISTRICT COURT (APPEALS TO THE CIRCUIT COURT) RULES, 2005.

S.I. No. 80 of 2005 .

DISTRICT COURT (APPEALS TO THE CIRCUIT COURT) 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 , 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 (Appeals to the Circuit Court) Rules, 2005.

2. Save as hereinafter provided, these rules shall come into operation on the 18th day of March 2005 and shall be read together with all other District Court Rules for the time being in force.

3. The District Court Rules 1997 ( S.I. No. 93 of 1997 shall be amended:—

(a) by the substitution for rule 6 of Order 101 of the following:

“6. On the entering into of a recognisance in accordance with rule 4 of this Order execution of the order appealed against shall be stayed and the appellant, if in custody shall be released. In any case where a monetary penalty has been imposed on the appellant, or the appellant has been required to perform a condition, the Court may, not later than six months from the expiration of the time allowed by the order for payment of the penalty, or for performance of the condition, issue the warrant of committal in default of such payment, or in default of such performance, as the case may be, unless the appellant shall have entered into a recognisance.” and

(b) by the substitution for rule 11 of Order 101 of the following:

“11. In criminal cases and in cases of orders for committal to prison under the Enforcement of Court Orders Acts 1926 and 1940, where an appeal is lodged and the recognisance is entered into, and the warrant to execute the order has not been issued, such warrant shall not be issued until the appeal has been decided or the appellant has failed to perform the condition of the recognisance, as the case may be. If the warrant has been issued, the Clerk shall forthwith notify the Superintendent of the Garda Síochána that an appeal has been lodged and a recognisance entered into, and such Superintendent shall return the warrant, if not executed, to such Clerk for cancellation by the Court.”

EXPLANATORY NOTE.

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

These Rules amend rules 6 and 11 of Order 101 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) which lays down procedures in respect of appeals from the District Court to the Circuit Court.