S.I. No. 23/1985 - District Court (Criminal Procedure Act, 1967) Rules, 1985.

S.I. No. 23 of 1985.

DISTRICT COURT (CRIMINAL PROCEDURE ACT, 1967) RULES, 1985.

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 Procedure Act, 1967 ) Rules, 1985.

2. These Rules shall come into operation on the 18th the day of February, 1985, and shall be read together with all another 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. The following Rule is hereby substituted for Rule 39 of the Principal Rules:

"39.— (1) Notwithstanding any other provision of these Rules, where a person is being released on bail from a Garda Síochána station under section 31 of the Criminal Procedure Act, 1967 , the recognisance to be taken from him may be conditioned for his appearance at the next sitting of the court for the court area in which he has been arrested or at any subsequent sitting thereof to be held not later than 30 days after such next sitting.

(2) Any recognisance taken under this Rule shall be transmitted forthwith by the person taking it to the Clerk of the Court to which the defendant has been remanded."

GIVEN this 29th day of January, 1985.

T. F. DONNELLY,

Chairman.

M. CYRIL MAGUIRE,

WILLIAM A. TORMEY,

JOHN P. CLIFFORD,

GERARD A. LEE,

SEAMUS Ó CATHASAIGH.

I concur in the making of the foregoing Rules.

Dated this 31st day of January, 1985.

MICHAEL NOONAN,

Minister for Justice.

EXPLANATORY NOTE.

These rules, which come into operation on 18th February, 1985, provide that a person released on bail from a Garda Síochána station may be required to appear at the next District Court sitting for the appropriate area or at a subsequent sitting to be held not later than 30 days after that sitting.