S.I. No. 167/2018 - District Court (Extension of Time) Rules 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd May, 2018.

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 , section 24 of the Interpretation Act 2005 , and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 24th day of July 2017.

Rosemary Horgan Chairperson

Mary C Devins

Conal Gibbons

Anne Watkin

Shane McCarthy

Riobard Pierse

Roy Pearson

Noel A Doherty

Michelle Johnston

I concur in the making of the foregoing rules

Dated this 10th day of May 2018.

CHARLES FLANAGAN,

Minister for Justice and Equality.

S.I. No. 167 of 2018

DISTRICT COURT (EXTENSION OF TIME) RULES 2018

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 and Equality, make the following rules of court:—

1. These rules may be cited as the District Court (Extension of Time) Rules 2018.

2. These rules shall come into operation on the 10th day of June 2018 and shall be read together with all other District Court Rules for the time being in force.

(i) The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are hereby amended by the substitution for rule 10 of Order 12 thereof of the following rule:

“10 Abridgement or enlargement, etc in criminal proceedings

10. (1) Subject to and in accordance with any provision of statute, a Judge may in any criminal proceedings, subject to sub-rule (2), upon such terms as he or she thinks fit enlarge or abridge the time appointed by these Rules, or fixed by the Judge for doing any act or taking any proceeding, and any such enlargement or abridgement may be made although the application for the same is not made until after the expiration of the time appointed or fixed.

(2) Notwithstanding sub-rule (1), any application to state a case under section 2 of the Summary Jurisdiction Act 1857 must be made within the time prescribed by that Act.”.

EXPLANATORY NOTE

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

These rules amend Order 12 in respect of the abridgement or enlargement of time by a judge in criminal proceedings.