S.I. No. 23/1987 - District Court (Form of Summons) Rules, 1987.


S.I. No. 23 of 1987.

DISTRICT COURT (FORM OF SUMMONS) RULES, 1987.

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, make the following Rules of Court:—

1. These Rules may be cited as the District Court (Form of Summons) Rules, 1987.

2. These Rules shall come into operation on the 22nd day of January, 1987 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"the Principal Rules" means the District Court Rules, 1948 (S.R. & O. 1947 No. 431).

4. Notwithstanding the provisions of the Principal Rules relating to the issuing of summonses and Form 4 (ORDINARY SUMMONS) in the Schedule of Forms annexed to those Rules, where an application for the issue of a summons in relation to an offence is made to a District Court office pursuant to section 1 (4) of the Courts (No. 3) Act, 1986 , the form of summons to be issued shall be in accordance with the Form in the Schedule hereto or such modification thereof as may be appropriate.

SCHEDULE

AN CHÚIRT DÚICHE

THE DISTRICT COURT

District Court Area of

District No.

Courts (No. 3) Act, 1986 .

section 1

SUMMONS

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

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

WHEREAS on the

day of

19

, an application was made to this office

by

on behalf of the Prosecutor for the issue of a summons to you,

the Accused, of

alleging

the following offence(s):—

that you did on the

day of

19

at

in the court area and district aforesaid

contrary to

THIS IS TO NOTIFY YOU that you will be accused of the said offence(s) at a sitting of the District Court to be held at

on the

day of

19

at

a.m./p.m.,

AND TO REQUIRE YOU to appear at the said sitting to answer the said accusation(s).

Dated this

at the District Court

office............................................................ ............................................................ ............................................

............................................................ ............................................................ ...........Appropriate District Court Clerk.

To the above-named Accused.

GIVEN this 12th day of January, 1987.

SEÁN S. DEALAP,

Acting Chairman (pursuant to section 18(4) of the

Courts Act, 1981 ).

WILLIAM A. TORMEY,

J. J. O'SULLIVAN,

JOHN P. CLIFFORD,

P. J. BRENNAN,

SEÁN MCMULLIN,

GERARD F. GRIFFIN,

SÉAMUS S. Ó CATHASAIGH.

I concur in the making of the foregoing Rules.

Dated this 21st day of January, 1987.

ALAN M. DUKES,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 22nd January, 1987, prescribe the form of summons to be issued where an application for the issue of a summons in relation to an offence is made to a District Court Office pursuant to section 1 (4) of the Courts (No. 3) Act, 1986 .