S.I. No. 544/2006 - District Court (Probation of Offenders) Rules 2006

SI No.544 of 2006

District Court (Probation of Offenders) Rules 2006

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, Equality and Law Reform, make the following rules of court:-

1. These rules may be cited as the District Court (Probation of Offenders) Rules 2006.

2. These rules shall come into operation on the 20^th day of November, 2006 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 by the insertion of the following rule immediately following rule 5 of Order 28:

“6. An application by a Probation Officer under section 5 of the Probation of Offenders Act 1907 to vary the terms or conditions of a recognisance entered in accordance with rule 1 shall, except where the Court otherwise directs or permits, be by information on oath and in writing of the Probation Officer in the Form 28.5, Schedule B. Such application may be made at any sitting of the Court for the court district wherein the offender is bound by the recognisance to appear. Where the Court issues a summons to the person bound by the recognisance to appear before it to show cause why such variation should not be made, such summons shall be in the Form 28.6, Schedule B, and shall be served upon the person bound by the recognisance and each surety (if any) at least four days prior to the date fixed for the hearing thereof.

7. An application by a Probation Officer to discharge a recognisance entered in accordance with rule 1 may be made at any sitting of the Court for the court district wherein the offender is bound by the recognisance to appear. Such application shall be preceded by the issue of notice of the application in the Form 28.7, Schedule B, which shall be served upon the person bound by the recognisance and each surety (if any) at least four days prior to the date fixed for hearing the application. Where the Court considers it appropriate, it may dispense with the requirement to give such notice.

8. On any application to vary the terms or conditions of the recognisance, or to discharge a recognisance, the original recognisance shall be produced in Court. Where the Court varies the terms or conditions of the recognisance, the persons bound shall re-acknowledge the recognisance as so varied before the Court on the making of such variation. Where the Court discharges the recognisance, the discharge shall be endorsed on the recognisance by the Judge.”

4. The Forms numbered 28.5, 28.6 and 28.7 in the Schedule hereto shall be added to the Forms in Schedule B of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE

SCHEDULE B

O.28, r. 6

28.5

INFORMATION FOR VARIATION OF PROBATION RECOGNISANCE

(Probation of Offenders Act 1907, as amended by Criminal Justice Administration Act 1914)

District Court Area of District No.

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

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

................................................................................................ * Surety

................................................................................................ Applicant

The above-named offender of........................................................ .......... was on the ........ ......day of ......20... bound by a recognisance entered into by * him/her * (with the above-named surety/sureties) under the Probation of Offenders Act 1907, to appear before a Judge of the District Court assigned to District No.........sitting at ............................................for conviction and sentence, when called on at any time during the period of.........., and was further bound by the said recognisance [here set out condition(s) of recognisance]

I, the above-named informant ................, of..............................., a Probation Officer, do hereby apply under section 5 of the above-mentioned Act of 1907 for an order

varying the terms or conditions of the said recognisance as follows:

...............................................................................................................

on the grounds that I believe that it is expedient that the terms or conditions of the recognisance should be varied

The basis for my so believing is as follows:

...............................................................................................................

Signed............................................

Informant

SWORN before me this ........day of.......20...

Signed............................................

Judge of the District Court

28.6

SCHEDULE B

O.28, r. 6

SUMMONS FOR VARIATION OF A RECOGISANCE

(Probation of Offenders Act 1907, as amended by Criminal Justice Administration Act 1914)

District Court Area of District No.

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

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

................................................................................................ * Surety

................................................................................................ Applicant

WHEREAS information in writing has been sworn by the above-named applicant ..............................of ...................................................................................... a Probation Officer, that you the offender of........................................................................ * (with the above-named surety/sureties) were on the ........ ......day of .........20... bound under the Probation of Offenders Act 1907, to appear before a Judge of the District Court assigned to District No.........sitting at ..............................................for conviction and sentence, when called on at any time during the period of..........., and were further bound by the said recognisance [here set out condition(s) of recognisance]

AND WHEREAS the said applicant has applied under section 5 of the above-mentioned Act of 1907 to the District Court for an order varying the terms or conditions of the said recognisance as follows:

* varying a condition, * deleting a condition, * adding an additional condition, namely

...............................................................................................................

THIS IS TO COMMAND you the offender * (and you the said surety/sureties) to appear at the sitting of the District Court to be held at ...........................on the ..... day of ............20... at .....a.m./p.m. to show cause why such variation should not be made.

Dated this ........day of.......20...

Signed.................................................

Judge of the District Court

To.......................................

of........................................

the above-named offender

* To......................................

of.......................................

surety

SCHEDULE B

O.28, r. 7

28.7

NOTICE OF APPLICATION FOR DISCHARGE OF A RECOGISANCE

(Probation of Offenders Act 1907, as amended by Criminal Justice Administration Act 1914)

District Court Area of District No.

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

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

................................................................................................ * Surety

................................................................................................ Applicant

WHEREAS you the offender of..........................................................were on the ....... .......day of .......20... bound by a recognisance entered into by you * (with the above-named surety/sureties) under the Probation of Offenders Act 1907, to appear before a Judge of the District Court assigned to District No.........sitting at ..................................................................for conviction and sentence, when called on at any time during the period of..........., and were further bound by the said recognisance [here set out condition(s) of recognisance]

TAKE NOTICE that the above-named applicant .................................................., of........................................, a Probation Officer, will apply under section 5 of the above-mentioned Act of 1907 for an order discharging the said recognisance at the sitting of the District Court to be held at ..............................on the ...... day of .................20... at .....a.m./p.m.

Dated this ........day of.......20...

Signed.................................................

Applicant

To.......................................

of........................................

the above-named offender

* To......................................

of.......................................

surety

Given this 16^th day of October 2006

Miriam Malone	Chairperson
Uinsin Mac Gruairc
John P Brophy
Mary C Devins
Thomas E O'Donnell
Hugh O'Neill
Fiona Twomey
David Kelly
Noel A Doherty

Elizabeth Hughes	Secretary

I concur in the making of the foregoing rules

Dated this 23^rd day of October 2006

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

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

These Rules provide forms and procedures for variation and discharge of probation bonds.

^*Delete if inapplicable