S.I. No. 53/1992 - District Court (Criminal Damage Act, 1991) Rules, 1992.

S.I. No. 53 of 1992.

DISTRICT COURT (CRIMINAL DAMAGE ACT, 1991) RULES, 1992.

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 ( Criminal Damage Act, 1991 ) Rules, 1992.

2. These Rules shall come into operation on the 1st day of April 1992 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"the Act" means the Criminal Damage Act, 1991 (No. 31 of 1991);

"compensation order" has the meaning assigned to it by section 9 (1) of the Act;

"data" means information in a form in which it can be accessed by means of a computer and includes a program;

"Form" means a form set out in the schedule hereto or such modification of that form as may be appropriate;

"property" has the meaning assigned to it by section 1 (1) of the Act and shall be subject to the other provisions of the said section 1;

references to conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907; references to a convicted person include, in cases to which section 99 of the Children Act, 1908 applies, references to that person's parent or guardian.

4. (1) Where, on conviction of a person of an offence under section 2 of the Act of damaging property belonging to another, the Court makes a compensation order under section 9 (1) of the Act requiring that person or, as the case may be, his parent or guardian, to pay compensation in respect of the damage to the injured party, such compensation order shall be in the Form 1 or 2, as appropriate.

(2) The Clerk shall give, or send by prepaid registered post, to the convicted person (or, as the case may be, his parent or guardian) and to the injured party a certified copy of the said order and shall retain the original order and the certificate of posting in his custody.

(3) The operation of a compensation order shall be suspended until the expiration of one month from the date of the conviction to which it relates and, where notice of appeal against the conviction or sentence or against the compensation order is lodged with the Clerk within that period, until the appeal or any further appeal therefrom is finally determined or abandoned or the ordinary time for instituting any further appeal has expired. The order shall not take effect if the conviction is reversed or the compensation order is annulled on appeal.

5. (1) An application under section 9 (7) (a) of the Act by a convicted person against whom a compensation order has been made for an order reducing the amount to be paid, varying any instalment payable, or directing that no payments or further payments be made, under that order, may be made at any sitting of the Court for the court district wherein the compensation order was made.

(2) Such application shall be preceded by the issue and service of a notice in the Form 3 or 4, as appropriate, upon the injured party by prepaid registered post at least twenty-one days prior to the date fixed for hearing the application. When service has been effected, the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days prior to the said date for hearing.

(3) The order of the Court on hearing the application shall be in the Form 5, 6, 7 or 8, as appropriate, and the Clerk shall give, or send by prepaid registered post, to each of the parties a certified copy of the said order.

6. (1) An application under section 9 (7) (b) of the Act by an injured party for an order increasing the amount to be paid, the amount of any instalment or the number of instalments payable, under a compensation order, may be made at any sitting of the Court for the court district wherein the compensation order was made.

(2) Such application shall be preceded by the issue and service of a notice in the Form 9 or 10, as appropriate, upon the convicted person or, as the case may be, his parent or guardian, by prepaid registered post at least twenty-one days prior to the date fixed for hearing the application. When service has been effected, the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days prior to the said date for hearing.

(3) The order of the Court on hearing the application shall be in the Form 11 or 12, as appropriate, and the Clerk shall give, or send by prepaid registered post, to each of the parties a certified copy of the said order.

7. Where the amount paid under a compensation order exceeds the damages assessed by the Court in civil proceedings brought in respect of the damage done and the Court makes an order in those proceedings in accordance with the provisions of paragraph (ii) of section 11 of the Act that the amount of the excess be repaid to the person against whom the compensation order was made, the order of the Court in such case shall be in the Form 13.

8. (1) An application by a member of the Garda Síochána under section 13 (1) of the Act for a search warrant shall be by information on oath and in writing in the Form 14, and may be made to the Judge of the District Court for the court district wherein the premises in respect of which the warrant is sought are situated.

(2) A search warrant issued by the Judge on foot of such information shall be in the Form 15 or, where the property concerned is data or where the warrant is issued on a ground referred to in section 13 (1) (c) of the Act (. . . to access, or with intent to access, data), Form 16.

9. The provisions of the Interpretation Act, 1937 shall apply to these Rules.

SCHEDULE.

General heading to be used on all forms:—

CRIMINAL DAMAGE ACT, 1991 .

section 9 (1)

COMPENSATION ORDER.

WHEREAS IN PROCEEDINGS entitled as above THE COURT on the day of 19 CONVICTED the above-named accused (hereinafter referred to as "the convicted person") residing at............................................................ ..........................................................*(in the said court area and district) of an offence under section 2 of the above-mentioned Act of damaging property, namely, ............................ at ............................................... *(in the said court area and district) belonging to the above-named injured party residing at ..................................,

AND IT APPEARING that the cost of *(making good the damage to) *(replacing) the said property is *(approximately) £  ,

NOW THE COURT, considering that it would be appropriate to make a compensation order in respect of the said damage,

having regard to—

the evidence given and the representations made herein and, the means of the convicted person so far as they appear or are known to the Court, and

being of opinion that the total amount required by this order to be paid does not exceed the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said damage,

HEREBY ORDERS pursuant to section 9 (1) of the Act that the said convicted person ................................. do pay the sum of £ as compensation in respect of the said damage to the said injured party, ............................................................ ........................................... of ............................................................ ................ who by reason thereof has suffered loss (other than consequential loss)

AND HEREBY DIRECTS that the said sum be paid—

*(in one payment, such payment to be made not later than the  day of  19.)

*(by ................ consecutive *weekly *monthly instalments of £ each, the first of such instalments to be paid on the day of 19 .)

The operation of this order shall be suspended until the expiration of one month from the date of the conviction to which it relates, that is to say, until the day of 19.

*Delete words inapplicable.

CRIMINAL DAMAGE ACT, 1991 .

section 9(1).

CHILDREN ACT, 1908.

section 99.

COMPENSATION ORDER.

(against parent or guardian of child or young person).

WHEREAS IN PROCEEDINGS entitled as above THE COURT on the day of 19CONVICTED the above first-named accused (hereinafter referred to as "the convicted person"), being a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and residing at ................................................... *(in the said court area and district) of an offence under section 2 of the Criminal Damage Act, 1991 of damaging property, namely, ................at ................................ *(in the said court area and district) belonging to the above-named injured party, residing at ................................,

AND WHEREAS the above second-named accused is the *parent guardian of the said convicted person,

AND IT APPEARING that the cost of * (making good the damage to) *(replacing) the said property is *(approximately) £ ,

NOW THE COURT, considering that it would be appropriate to make a compensation order in respect of the said damage,

having regard to—

the evidence given and the representations made herein and the means of the *parent *guardian of the convicted person so far as they appear or are known to the Court, and

being of opinion that the total amount required by this order to be paid does not exceed the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said damage,

HEREBY ORDERS pursuant to section 9 (1) of the Criminal Damage Act, 1991 and section 99 of the Children Act, 1908 that the said *parent *guardian ................................ do pay the sum of £    as compensation in respect of the said damage to the said injured party ............................................................ ... of ....................................................., who by reason thereof has suffered loss (other than consequential loss).

AND HEREBY DIRECTS that the said sum be paid—

*(in one payment, such payment to be made not later than the day of 19.)

* (by ................ consecutive *weekly *monthly instalments of £ each, the first of such instalments to be paid on the day of 19.)

The operation of this order shall be suspended until the expiration of one month from the date of the conviction to which it relates, that is to say, until the day of 19.

Dated this day of 19.

*Delete words inapplicable.

CRIMINAL DAMAGE ACT, 1991 .

section 9 (7) (a)

NOTICE OF APPLICATION FOR AN ORDER—

*REDUCING THE AMOUNT TO BE PAID.

*VARYING (AN) INSTALMENT(S) PAYABLE.

*DIRECTING THAT NO PAYMENTS/FURTHER PAYMENTS BE MADE

UNDER A COMPENSATION ORDER

WHEREAS on the day of 19a compensation order under section 9 (1) of the above-mentioned Act was made by the Court against the above-named applicant directing that he/she pay the sum of £ as compensation to the above-named injured party who suffered loss by reason of damage done by the applicant to property in the said court district belonging to the injured party, the said compensation to be paid *(in one payment) *(by ................ consecutive *weekly *monthly instalments of £ each, the first of such instalments to be paid on the day of 19),

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at ......................... on the day of 19 at a.m./p.m. for an order under section 9 (7) (a) of the Act—

*reducing the amount to be paid.

*varying (an) instalment(s) payable.

*directing that no payments/ further payments be made.

under the compensation order.

Dated this day of 19.

To

of

The above-named injured party.

*Delete words inapplicable.

CRIMINAL DAMAGE ACT, 1991 .

section 9 (7) (a).

CHILDREN ACT, 1908.

section 99.

NOTICE OF APPLICATION FOR AN ORDER—

*REDUCING THE AMOUNT TO BE PAID.

*VARYING (AN) INSTALMENT(S) PAYABLE.

*DIRECTING THAT NO PAYMENTS/FURTHER PAYMENTS BE MADE.

UNDER A COMPENSATION ORDER (by a parent or guardian).

WHEREAS the above-named convicted person is a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and the above-named applicant is the *parent *guardian of the said person,

AND WHEREAS on conviction of the said person on the day of 19of an offence of damaging property in the said court district belonging to the above-named injured party THE COURT MADE A COMPENSATION ORDER against the said *parent *guardian under section 9 (1) of the Criminal Damage Act, 1991 and section 99 of the Children Act, 1908 directing that he/she pay the sum of £ as compensation to the injured party who suffered loss by reason of the said damage, the said compensation to be paid *(in one payment) *(by ................ consecutive weekly *monthly instalments of £ each, the first of such instalments to be paid on the day of 19),

TAKE NOTICE that the above-named *parent *guardian will apply at the sitting of the District Court to be held at ................................ on the day of 19at a.m./p.m. for an order under section 9 (7) (a) of the Act—

*reducing the amount to be paid.

*varying (an) instalments(s) payable.

*directing that no payments/further payments be made under the compensation order.

Dated this day of 19

To

of

The above-named injured party.

*Delete words inapplicable.

CRIMINAL DAMAGE ACT, 1991 .

section 9 (7) (a).

ORDER.

*REDUCING THE AMOUNT TO BE PAID.

*VARYING (AN) INSTALMENT(S) PAYABLE.

*DIRECTING THAT NO PAYMENTS/FURTHER PAYMENTS BE MADE.

UNDER A COMPENSATION ORDER.

WHEREAS ON CONVICTION of the above-named applicant (hereinafter referred to as "the convicted person") on the day of 19 of an offence under section 2 of the above-mentioned Act of damaging property in the said court district belonging to the above-named injured party, THE COURT MADE A COMPENSATION ORDER under section 9 (1) of the Act directing the said convicted person to pay the sum of £ as compensation to the injured party *(in one payment) *(by ................ consecutive *weekly *monthly instalments of £ each),

NOW THE COURT, on the application of the said convicted person for an order under section 9 (7) (a) of the Act,

being satisfied that notice of the application was duly served upon the injured party,

having heard the evidence given herein,

*(and it appearing that the means of the convicted person are insufficient to satisfy the order in full,)

*(having regard to the representations made by or on behalf of the injured party on the issue and being satisfied that the damage in respect of which the order was made is less than it was taken to be for the purposes of the order,)

HEREBY ORDERS,

*(that the amount of compensation ordered to be paid by the convicted person to the injured party under that compensation order be reduced from £to £.)

*(that the instalments payable by the convicted person as compensation to the injured party under the compensation order be varied as follows:—  .)

*(that no payments/further payments be made by the convicted person as compensation to the injured party under the compensation order.)

Dated this day of 19

*Delete words inapplicable.

CRIMINAL DAMAGE ACT, 1991 .

Section 9 (7) (a).

CHILDREN ACT, 1908.

section 99.

ORDER.

*REDUCING THE AMOUNT TO BE PAID.

*VARYING (AN) INSTALMENTS(S) PAYABLE.

*DIRECTING THAT NO PAYMENTS/FURTHER PAYMENTS BE MADE.

UNDER A COMPENSATION ORDER (by a parent or guardian).

WHEREAS the above-named convicted person is a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and the above-named applicant is the *parent *guardian of the said person AND

WHEREAS ON CONVICTION of that person on the day of 19of an offence of damaging property in the said court district belonging to the above-named injured party THE COURT MADE A COMPENSATION ORDER against the said *parent *guardian under section 9 (1) of the Criminal Damage Act, 1991 and section 99 of the Children Act, 1908 directing that he/she pay the sum of £ as compensation to the injured party *(in one payment) *(by ................ consecutive *weekly *monthly instalments of £ each),

NOW THE COURT, on the application of the said *parent *guardian for an order under section 9 (7) (a) of the said Act of 1991,

being satisfied that notice of the application was duly served upon the injured party,

having heard the evidence given herein,

*(and it appearing that the means of the said *parent *guardian are insufficient to satisfy the order in full,)

* (having regard to the representations made by or on behalf of the injured party on the issue and being satisfied that the damage in respect of which the order was made is less than it was taken to be for the purposes of the order,)

HEREBY ORDERS,

*(that the amount of compensation order to be paid by the said *parent *guardian to the injured party under that compensation order be reduced from £   to £    .)

*(that the instalments payable by the said *parent *guardian as compensation to the injured party under the compensation order be varied as follows:—          .)

*that no payments/further payments be made by the said *parent *guardian as compensation to the injured party under the compensation order.)

Dated this day of 19.

*Delete words inapplicable.

CRIMINAL DAMAGE ACT, 1991 .

section 9 (7) (a) (ii).

ORDER DIRECTING REPAYMENT OF EXCESS AMOUNT PAID UNDER A COMPENSATION ORDER.

WHEREAS ON CONVICTION of the above-named applicant (hereinafter referred to as "the convicted person") on the day of 19of an offence under section 2 of the above-mentioned Act of damaging property in the said court district belonging to the above-named injured party, THE COURT MADE A COMPENSATION ORDER under section 9 (1) of the Act directing the said convicted person to pay the sum of £ as compensation to the injured party *(in one payment) *(by ................ consecutive *weekly *monthly instalments of £ each),

NOW THE COURT, on the application of the said convicted person for an order under section 9 (7) (a) of the Act,

being satisfied that notice of the application was duly served upon the injured party,

having regard to any representations made by or on behalf of the injured party on the issue and being satisfied that the damage in respect of which the order was made is less than it was taken to be for the purposes of the order, and

being satisfied that the amount paid under the order (i.e. £ ) exceeds the amount appearing to the Court to be reasonable compensation for the damage (i.e. £      ,)

HEREBY ORDERS that the amount of the said excess, that is to say, the sum of £ , be repaid by the injured party to the convicted person.

Dated this      day of 19.

*Delete words inapplicable

CRIMINAL DAMAGE ACT, 1991 .

section 9 (7) (a) (ii).

CHILDREN ACT, 1908.

section 99.

ORDER DIRECTING REPAYMENT OF EXCESS AMOUNT PAID UNDER A COMPENSATION ORDER.

(by a parent or guardian).

WHEREAS the above-named convicted person is a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and the above-named applicant is the *parent *guardian of the said person AND

WHEREAS ON CONVICTION of that person on the day of 19 of an offence under section 2 of the Criminal Damage Act, 1991 of damaging property in the said court district belonging to the above-named injured party, THE COURT MADE A COMPENSATION ORDER against the said *parent *guardian under section 9 (1) of that Act of 1991 and section 99 of the Children Act, 1908 directing that he/she pay the sum of £ as compensation to the injured party *(in one payment) *(by ................ consecutive *weekly *monthly instalments of £ each),

NOW THE COURT, on the application of the said *parent *guardian for an order under section 9 (7) (a) of the said Act of 1991,

being satisfied that notice of the application was duly served upon the injured party,

having regard to any representations made by or on behalf of the injured party on the issue and being satisfied that the damage in respect of which the order was made is less than it was taken to be for the purposes of the order, and

being satisfied that the amount paid under the order (i.e. £ ) exceeds the amount appearing to the Court to be reasonable compensation for the damage (i.e. £ )

HEREBY ORDERS that the amount of the said excess, that is to say, the sum of £ , be repaid by the injured party to the said *parent *guardian.

Dated this day of 19.

* Delete words inapplicable.

CRIMINAL DAMAGE ACT, 1991 .

section 9 (7) (b).

NOTICE OF APPLICATION FOR AN ORDER INCREASING—

*THE AMOUNT TO BE PAID.

*THE AMOUNT OF (AN) INSTALMENT(S) PAYABLE.

*THE NUMBER OF INSTALMENTS PAYABLE.

UNDER A COMPENSATION ORDER,

WHEREAS on the day of 19a compensation order under section 9 (1) of the above-mentioned Act was made by the Court against the above-named convicted person directing that he/she pay the sum of £ as compensation to the above-named injured party who suffered loss by reason of damage done by that person to property in the said court district belonging to that party, the said compensation to be paid *(in one payment) *(by ................ consecutive *weekly *monthly instalments of £ each, the first of such instalments to be paid on the day of 19),

TAKE NOTICE that the injured party will apply at the sitting of the District Court to be held at ................................ on the day of 19at a.m./p.m. for an order under section 9 (7) (b) of the Act increasing—

*the amount to be paid.

*the amount of (an) instalment(s) payable.

*the number of instalments payable.

under the said compensation order.

Dated this day of 19.

to

of

The above-named convicted person.

*Delete words inapplicable.

CRIMINAL DAMAGE ACT, 1991 .

section 9 (7) (b).

CHILDREN ACT, 1908.

section 99.

NOTICE OF APPLICATION FOR AN ORDER INCREASING—

*THE AMOUNT TO BE PAID.

*THE AMOUNT OF (AN) INSTALMENT(S) PAYABLE.

*THE NUMBER OF INSTALMENTS PAYABLE.

UNDER A COMPENSATION ORDER (by a parent or guardian).

WHEREAS the above-named convicted person is a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and the above-named respondent is the *parent *guardian of the said person,

AND WHEREAS on conviction of the said person on the day of 19of an offence under section 2 of the Criminal Damage Act, 1991 of damaging property in the said court district belonging to the above-named injured party THE COURT MADE A COMPENSATION ORDER against the said *parent *guardian under section 9 (1) of the said Act of 1991 and section 99 of the Children Act, 1908 directing that he/she pay the sum of £ as compensation to the injured party who suffered loss by reason of the said damage, the said compensation to be paid *(in one payment) *(by ................ consecutive *weekly *monthly instalments of £ each, the first of such instalments to be paid on the day of 19),

TAKE NOTICE that the injured party will apply at the sitting of the District Court to be held at ................................ on the day of 19at a.m./p.m. for an order under section 9 (7) (b) of the said Act of 1991 increasing—

*the amount to be paid.

*the amount of (an) instalments) payable.

*the number of instalments payable.

under the said compensation order.

Dated this day of 19.

To

of

The above-named *parent *guardian.

*Delete words inapplicable.

CRIMINAL DAMAGE ACT, 1991 .

section 9 (7) (b).

ORDER INCREASING—

*THE AMOUNT TO BE PAID.

*THE AMOUNT OF (AN) INSTALMENT(S) PAYABLE.

*THE NUMBER OF INSTALMENTS PAYABLE.

UNDER A COMPENSATION ORDER,

*Delete words inapplicable.

WHEREAS ON CONVICTION of the above-named respondent (hereinafter referred to as "the convicted person") of an offence under section 2 of the above-mentioned Act of damaging property in the said court district belonging to the above-named injured party THE COURT MADE A COMPENSATION ORDER on the day of 19under section 9 (1) of the Act directing that the said convicted person pay the sum of £ as compensation to the injured party *(in one payment) *(by ................ consecutive *weekly *monthly instalments of £ each),

NOW THE COURT, on the application of the injured party for an order under section 9 (7) (b) of the Act,

being satisfied that notice of the application was duly served upon the convicted person,

having heard the evidence given herein,

*(and it appearing that the means of the convicted person are sufficient for the purposes of this order,)

*(having regard to the representations made by or on behalf of the convicted person on the issue and being satisfied that the damage in respect of which the order was made is more than it was taken to be for the purposes of the order,)

HEREBY ORDERS,

*(that the amount of compensation ordered to be paid by the convicted person to the injured party under the said compensation order be increased from £to £.)

*(that the *amount *number of instalments payable by the convicted person to the injured party under the said compensation order be increased as follows:—

.)

Dated this day of 19.

CRIMINAL DAMAGE ACT, 1991 .

section 9 (7) (b).

CHILDREN ACT, 1908.

section 99.

ORDER INCREASING—

*THE AMOUNT TO BE PAID.

*THE AMOUNT OF (AN) INSTALMENT(S) PAYABLE.

*THE NUMBER OF INSTALMENTS PAYABLE.

UNDER A COMPENSATION ORDER (by a parent or guardian).

WHEREAS the above-named convicted person is a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and the above-named respondent is the *parent *guardian of the said person, AND

WHEREAS ON CONVICTION of the said person on the day of19of an offence under section 2 of the Criminal Damage Act, 1991 of damaging property in the said court district belonging to the above-named injured party THE COURT MADE A COMPENSATION ORDER against the said *parent *guardian under section 9 (1) of the said Act of 1991 and section 99 of the Children Act, 1908 directing that he/she pay the sum of £as compensation to the injured party *(in one payment) *(by ................ consecutive *weekly *monthly instalments of £ each),

NOW THE COURT, on the application of the injured party for an order under section 9 (7) (b) of the said Act of 1991,

being satisfied that notice of the application was duly served upon the said *parent *guardian,

having heard the evidence given herein,

*(and it appearing that the means of the *parent *guardian are sufficient for the purposes of this order,)

*(having regard to the representations made by or on behalf of the *parent *guardian on the issue and being satisfied that the damage in respect of which the order was made is more than it was taken to be for the purposes of the order,)

HEREBY ORDERS,

*(that the amount of compensation ordered to be paid by the said *parent *guardian to the injured party under the said compensation order be increased from £    to £   .)

*(that the * amount * number of instalments payable by the said *parent guardian to the injured party under the said compensation order be increased as follows:— .)

Dated this      day of      19    .

*Delete words inapplicable.

CRIMINAL DAMAGE ACT, 1991 .

section 11.

ORDER FOR REPAYMENT OF EXCESS AMOUNT PAID UNDER A COMPENSATION ORDER.

(in civil proceedings).

WHEREAS in civil proceedings now before the Court, brought by the above-named plaintiff seeking damages against the above-named defendant in respect of damage done to property in the said court district belonging to the plaintiff THE COURT HAS ASSESSED the damages that the plaintiff would be entitled to recover in respect of the said damage at £   ,

AND IT APPEARING to the Court—

that on the     day of    19  a compensation order under section 9 (1) of the above-mentioned Act was made against the defendant in respect of the said damage by the ................................ Court, and

that the defendant has paid the sum of £as compensation to the plaintiff in compliance with the terms of that order,

NOW THE COURT, being satisfied that the amount paid by the defendant to the plaintiff under that order exceeds the amount of the damages as assessed in these civil proceedings,

HEREBY ORDERS that the amount of the excess, that is to say, the sum of £  , be repaid by the plaintiff to the defendant,

AND COMMANDS all sheriffs and county registrars to take in execution the goods of the plaintiff to satisfy the said last-mentioned sum.

CRIMINAL DAMAGE ACT, 1991 .

section 13(1).

INFORMATION.

(for search warrant).

THE INFORMATION OF ............................................, a member of the Garda Síochána, of ............................................................ ............................................................ .............. who says on oath:—

I believe that a certain person, namely, ............................................................ .................has in his custody or under his control or on his premises at ...................................................... in the said court district, a certain thing, namely,............................................................ ............ and that it has been used, or is intended for use, without lawful excuse,

*(to damage property, namely, ............................................................ ....................... belonging to another,)

*(to damage property, namely, ............................................................ ..................... in a way likely to endanger the life of another or with intent to defraud,)

*(to access, or with intent to access, data,)

and I hereby apply for the issue of a search warrant in respect of the said premises under section 13 (2) of the Criminal Damage Act, 1991 .

Sworn before me on the       day of    19   .

at ............................................................ .............................

*Delete clauses which do not apply.

CRIMINAL DAMAGE ACT, 1991 .

section 13(2).

SEARCH WARRANT.

BEING SATISFIED from the application made, by information on oath and in writing sworn before me on this date, by the under-named member of the Garda Síochána for the issue of a search warrant under section 13 (2) of the above-mentioned Act, that there is reasonable cause to believe that a person has in his custody or under his control or on his (under-mentioned) premises a certain thing, namely, ................................ and that it has been used, or is intended for use, without lawful excuse,

*(to damage property (other than data), namely, .......................................................... belonging to another,)

*(to damage property (other than data), namely, .......................................................... in a way likely to endanger the life of another or with intent to defraud,)

I HEREBY AUTHORISE YOU, ............................................................ ..........., a member of the Garda Síochána, of ............................................................ ......, accompanied by such other members of the Garda Síochána as may be necessary, at any time or times within one month of the date hereof, TO ENTER if need be by force the premises situated at .................................. in the said court district, TO SEARCH the premises and any persons found therein, TO SEIZE AND DETAIN anything which you believe to have been used or to be intended for use as aforesaid.

To the above-named member of the Garda Síochána.

*Delete clause which does not apply.

CRIMINAL DAMAGE ACT, 1991 .

section 13 (2).

SEARCH WARRANT.

(where property is data/accessing data).

BEING SATISFIED from the application made, by information on oath and in writing sworn before me on this date, by the under-named member of the Garda Síochána for the issue of a search warrant under section 13 (2) of the above-mentioned Act, that there is reasonable cause to believe that a person has in his custody or under his control or on his (undermentioned) premises a certain thing, namely, ......................................... and that it has been used, or is intended for use, without lawful excuse,

*(to access, or with intent to access, data,)

I HEREBY AUTHORISE YOU,............................................................ .................... a member of the Garda Síochána, of............................................................ ........................ accompanied by such other members of the Garda Síochána as may be necessary, at any time or times within one month of the date hereof, TO ENTER if need be by force the premises situated at................................ in the said court district, TO SEARCH the premises and any person found therein, TO SEIZE AND DETAIN anything which you believe to have been used or to be intended for use as aforesaid and TO OPERATE or cause to be operated by a person accompanying you for that purpose, any equipment in the premises for processing data, INSPECT any data found there and EXTRACT information therefrom, whether by the operation of such equipment or otherwise.

To the above-named member of the Garda Síochána.

*Delete clauses which do not apply.

GIVEN this 31st day of January 1992.

PETER SMITHWICK (Chairman).

P. J. BRENNAN,

GERARD F. GRIFFIN,

JOHN P. CLIFFORD,

JOHN GARAVAN,

JOHN P. BROPHY,

SÉAMUS S. O CATHASAIGH.

I concur in the making of the foregoing Rules of Court.

Dated this 24th day of March 1992.

PADRAIG FLYNN,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 1st April, 1992 prescribe the procedure to be followed and the forms to be used in the District Court in relation to the operation of certain provisions of the Criminal Damage Act, 1991 governing (a) the making and adjustment of a compensation order and (b) the issue of a search warrant.