S.I. No. 225/1971 - District Court (Charge Sheet) Rules, 1971.

S.I. No. 225 of 1971.

DISTRICT COURT (CHARGE SHEET) RULES, 1971.

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 , and 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, make the following Rules of Court:

1. These Rules may be cited as the District Court (Charge Sheet) Rules, 1971.

2. These Rules shall come into operation on the 1st day of January, 1972, and shall be read together with all other District Court Rules for the time being in force.

3. (1) Whenever a person is arrested and brought to a Garda Síochána station, or where an offence is alleged against a person who is already on remand to the District Court and a summons in respect of the offence is not issued, particulars of the offence alleged against him shall be set out on a charge sheet which shall be in accordance with the Form annexed hereto or such modification thereof as may be suitable.

(2) When particulars of any offence are entered on a charge sheet in accordance with this Rule, a copy of the particulars shall be furnished as soon as may be to the person against whom the offence is alleged.

(3) A charge sheet to which this Rule applies shall be lodged as soon as possible with the District Court Clerk for the District Court Area in which the case is to be heard.

4. Rule 83 of the District Court Rules, 1948 ( S.R. & O. No. 431 of 1947 ), is hereby revoked and the following Rule substituted therefor:

"83. The Clerk of each Court Area shall keep a book which shall be known as the "Minute Book" in which he shall enter all the cases, other than those in which particulars of the offences are set out on charge sheets, which are to be heard at the sittings of the Court for the said Court Area."

Rule 3

AN CHÚIRT DÚICHE THE DISTRICT COURT

DISTRICT COURT AREA OF ...........................DISTRICT No.............						*Prosecutor	.....................	Date	Peace Commissioner's Order and signature
						*Complainant
						*Accused	.....................	................	...............................................
						*Defendant		.................	...............................................
		CHARGE SHEET
			....................................Garda Station			OFFENCE(S) CHARGED—		Date	Note of Order of the Court
			Charge sheet No. of 197 .					.................	..............................................
								.................	...............................................
								.................	...............................................
*Prosecutor	...............................................							.................	...............................................
*Complaint								.................	...............................................
								.................	...............................................
								.................	...............................................
*Accused	.................................			Address	.......................			.................	...............................................
*Defendant	.................................				.........................			.................	...............................................
	.................................				.........................			.................	...............................................
	.................................				.........................			.................	...............................................
*In private prosecutions signature and address of person making complaint				..............................................				.................	...............................................
				..............................................				.................	...............................................
*Delete where inapplicable.						*Delete where inapplicable.

DATED this 29th day of June, 1971.

CATHAL Ó FLOINN,

Chairman.

DENIS P. O'DONOVAN

JOHN CARR

CYRIL MAGUIRE

RICHARD KNIGHT

WILLIAM A. OSBORNE

GERARD CLARKE

ANDREW EDDERY

I concur in the making of the foregoing Rules.

Dated this 27th day of July, 1971.

DESMOND O'MALLEY,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 1st January, 1972, prescribe the form of record for the purposes of the court in cases of persons arrested for offences.