S.I. No. 181/1967 -- District Court (Criminal Procedure Act, 1967) Rules, 1967
1967
181
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S.I. No. 181/1967:
DISTRICT COURT (CRIMINAL PROCEDURE ACT, 1967) RULES, 1967
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DISTRICT COURT (CRIMINAL PROCEDURE ACT, 1967) RULES, 1967
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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 , and section 48 of the Courts (Supplemental Provisions) Act, 1961 , and with the concurrence of the Minister for Justice, do hereby make the following rules:--
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1. These Rules may be cited as the District Court ( Criminal Procedure Act, 1967 ) Rules, 1967.
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2. These Rules shall come into operation on the 1st day of August, 1967, and shall be read together with the other Rules for the time being in force.
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3. The Rules mentioned in the First Schedule are hereby annulled save as to any proceedings pending in the District Court on the coming into operation of these Rules, which proceedings shall be continued and completed as if these Rules had not been made.
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4. In these Rules--
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"the Act" means the Criminal Procedure Act, 1967 (No. 12 of 1967);
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"Form" means a form set out in the Second Schedule.
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5. The documents specified in section 6 (1) of the Act shall be in accordance with Forms 1 to 5 and shall be served personally on the accused at the earliest opportunity, but, save with the leave of the Court, shall not be served later than thirty days after the first appearance of the accused before the Court.
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6. Copies of the said documents together with a statutory declaration of service thereof shall be lodged with the district court clerk within eight days of such service and such clerk shall forthwith transmit the same to the justice.
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7. Any further statement served on the accused pursuant to section 6 (4) of the Act shall be in accordance with Form 6.
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8. A deposition shall be in accordance with Form 7, Form 8, Form 9 or Form 10, as the case may be.
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9. A statement of the accused made pursuant to section 7 (4) or section 8 (2) of the Act shall be in accordance with Form 11.
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10. Subject to the provisions of Rules 11 and 19, the order of the justice sending the accused forward for trial shall be in accordance with Form 12.
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11. Where pursuant to section 8 (2) of the Act the justice is of opinion that there is a sufficient case to put the accused on trial for some indictable offence other than that charged, he shall direct the prosecutor to prepare that charge, which shall be in accordance with Form 13. The new charge shall be read to the accused by the court clerk. The order of the justice in such cases shall be in accordance with Form 14.
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12. Where pursuant to section 8 (4) of the Act the justice is of opinion that a summary offence only is disclosed, and the Attorney General consents, he shall direct the prosecutor to prepare such summary charge, which shall be in accordance with Form 15. The new charge shall be read to the accused by the court clerk and the justice shall then discharge the accused as to the offence originally charged.
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13. An order requiring a witness, a statement of whose evidence has been supplied to the accused or whose deposition has been taken, to attend and give evidence at the trial of the accused and to produce any document or thing specified in the order shall be in accordance with Form 16.
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14. The prosecutor shall cause a notice to be served on each person in respect of whom a witness order has been made. Such notice shall be in accordance with Form 17 and shall be served by a member of the Garda Síochána in the manner provided for the service of summonses in cases of summary jurisdiction by Rule 47 of the District Court Rules, 1948 (S.R. & O. 1947, No. 431), as inserted by Rule 5 of the District Court Rules, 1962 ( S.I. No. 7 of 1962 ).
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15. An application pursuant to section 9 (3) of the Act that a particular person is unlikely to comply with a witness order shall be by information which shall be in accordance with Form 18.
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16. A summons or warrant which may be issued by the justice on foot of such information shall be in accordance with Form 19 or Form 20, as the case may be.
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17. A warrant pursuant to section 9 (3) of the Act for the arrest of a person who fails to appear in answer to a summons under Rule 16 shall be in accordance with Form 21.
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18. Where the person referred to in Rule 15 is before the Court either in obedience to a summons or by virtue of a warrant and enters into a recognisance it shall be in accordance with Form 22. A warrant for his committal on refusing to enter into such recognisance shall be in accordance with Form 23.
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19--(1) Where pursuant to section 12 of the Act an accused person waives the preliminary examination and elects to be sent forward for trial with a plea of not guilty, the order of the justice sending him forward for trial shall be in accordance with Form 24.
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(2) Where the accused person is a child or young person within the meaning of the Children Acts, 1908 to 1957, and the parent or guardian consents, the order of the justice sending him forward for trial shall be in accordance with Form 25.
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20. A plea of guilty pursuant to section 13 (2) (b) of the Act shall be in accordance with Form 26, and the order of the Court sending the accused forward for sentence shall be in accordance with Form 27.
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21. An application pursuant to section 14 (1) of the Act shall be by information which shall be in accordance with Form 28.
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22. A summons or warrant which may be issued by the justice on foot of such information shall be in accordance with Form 29 or Form 30, as the case may be.
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23. A warrant for the arrest of a person who fails to appear in answer to a summons issued under Rule 22 shall be in accordance with Form 31.
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24. A summons or warrant for securing the attendance of the accused before the justice shall be in accordance with Form 32 or Form 33, as the case may be. Where the accused is in custody the warrant shall be in accordance with Form 34.
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25. A warrant for the arrest of an accused person who fails to appear in answer to a summons under Rule 24 shall be in accordance with Form 35.
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26. A deposition taken pursuant to section 14 of the Act by a justice other than the justice conducting the preliminary examination shall be transmitted by the court clerk taking such deposition to the court clerk for the court area to which the accused stands remanded.
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27. A certificate pursuant to section 17 (2) of the Act shall be in accordance with Form 36.
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28. A committal warrant pursuant to section 22 of the Act shall be in accordance with Form 37 or Form 38, as the case may be.
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29. A recognisance pursuant to section 22 of the Act shall be in accordance with Form 39 or Form 40, as the case may be.
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30. A remand warrant pursuant to section 25 of the Act shall be in accordance with Form 41.
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31. A recognisance pursuant to section 26 of the Act shall be in accordance with Form 42 or Form 43, as the case may be.
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32. An endorsement on a warrant of arrest as to release on bail pursuant to section 30 of the Act shall be in accordance with Form 44.
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33. A recognisance pursuant to section 31 of the Act shall be in accordance with Form 45 or Form 46, as the case may be.
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34. An application pursuant to section 33 (1) of the Act shall be by information which shall be in accordance with Form 47.
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35. A warrant for the arrest of an accused person in relation to whom an information has been sworn under Rule 34 shall be in accordance with Form 48.
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36. A committal warrant pursuant to section 33 (3) of the Act shall be in accordance with Form 49.
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37. A committal warrant pursuant to section 33 (4) of the Act shall be in accordance with Form 50 or Form 51, as the case may be.
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38. Where a justice makes an order sending an accused person forward for trial the court clerk for the court area where such order was made shall transmit to the appropriate county registrar within ten days from the making of such order the following:
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(a) a statement of the charges upon which the accused was returned for trial;
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(b) any sworn information in writing upon which the proceedings were initiated;
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(c) a list of the witnesses whom it is proposed to call at the trial;
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(d) a statement of the evidence that is to be given by each witness;
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(e) a list of exhibits (if any);
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(f) any deposition or statement taken before any justice or peace commissioner in relation to the charge in respect of which such order was made;
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(g) any exhibit put in evidence and handed in to the Court;
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(h) the order of the justice sending the accused forward for trial;
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(i) the witness order made by the justice;
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(j) any recognisance taken by the justice in relation to the case.
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39. Where, after an accused person has been sent forward for trial, a recognisance is entered into by a witness under section 9 (3) of the Act or a deposition is taken under section 14 of the Act, the court clerk shall transmit the recognisance or deposition, as the case may be, to the appropriate county registrar.
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40. Where in the course of a preliminary examination by a justice such justice is, by reason of illness or other unavoidable cause, unable to complete the preliminary examination and another justice is proceeding with the preliminary examination, the depositions (if any) already taken before such first-mentioned justice shall be deemed to have been taken before such last-mentioned justice.
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FIRST SCHEDULE
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RULES WHICH ARE ANNULLED
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The following Rules of the District Court Rules, 1948 (S.R. & O. 1947 No. 431) namely:--
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Rules 28, 38 (2), 55 (1), 55 (2), 55 (3), 56, 57, 59, 61 (1), and 63.
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SECOND SCHEDULE
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FORMS
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General heading to be used for all forms:--
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| AN CHÚIRT DÚICHE |
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THE DISTRICT COURT |
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| FORM 1 |
RULE 5 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 6 (1) (a) |
| STATEMENT OF CHARGES |
| District Court Area of |
District No. |
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.................................................Prosecutor |
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................................................Accused |
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The above-named accused is charged as follows:--
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(here set out copy of each charge that has been preferred against the accused)
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| Dated this day of 19 . |
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Signed..........................................................
by or on behalf of Prosecutor .
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| FORM 2 |
RULE 5 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 6 (1) (b) |
| COPY OF SWORN INFORMATION |
| District Court Area of |
District No. |
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................................................ Prosecutor |
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............................................... Accused |
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| FORM 3 |
RULE 5 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 6 (1) (c) |
| LIST OF WITNESSES |
| District Court Area of |
District No. |
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.............................................. Prosecutor |
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.............................................. Accused |
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The following is a list of the witnesses whom it is proposed to call at the trial:--
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| Dated this day of 19 . |
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Signed............................................................ .....
by or on behalf of Prosecutor .
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| FORM 4 |
RULE 5 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 6 (1) (d) |
| STATEMENT OF EVIDENCE |
| District Court Area of |
District No. |
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............................................ Prosecutor |
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............................................ Accused |
| Statement of the evidence that is to be given by............................................................ .............. ....................(witness no. ):-- |
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| FORM 5 |
RULE 5 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 6 (1) (e) |
| LIST OF EXHIBITS |
| District Court Area of |
District No. |
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............................................... Prosecutor |
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.............................................. Accused |
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| Number or other identifying mark on exhibit |
Description of exhibit |
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| Dated this day of |
19 . |
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Signed............................................................ ...
by or on behalf of Prosecutor .
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| FORM 6 |
RULE 7 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 6 (4) |
| FURTHER STATEMENT OF EVIDENCE |
| District Court Area of |
District No. |
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.............................................. Prosecutor |
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............................................. Accused |
| Further statement of the evidence that is to be given by............................................................ . ..............(witness no. ):-- |
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| FORM 7 |
RULE 8 |
| CRIMINAL PROCEDURE ACT, 1967 |
| DEPOSITION OF ARREST, CHARGE AND CAUTION |
| District Court Area of |
District No. |
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............................................Prosecutor |
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.......................................... Accused |
| THE DEPOSITION of |
| of |
| taken before me, in the presence and hearing of the above-named accused who stands charged as follows:-- |
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The deponent says on 
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Signed ............................................................
Deponent .
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Taken before me this day of 19 ,
at
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Signed............................................................ .
Justice of the District Court .
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*delete where inapplicable.
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| FORM 8 |
RULE 8 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 7 (2) |
| DEPOSITION |
| District Court Area of |
District No. |
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.............................................. Prosecutor |
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............................................. Accused |
| THE DEPOSITION of |
| of |
| taken before me, in the presence and hearing of the above-named accused who stands charged as set out in the statement of charges served upon him. |
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The deponent says on 
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Signed............................................................ ....
Deponent .
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Taken before me this day of 19 ,
at
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Signed............................................................ .....
Justice of the District Court
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*delete where inapplicable.
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| FORM 9 |
RULE 8 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 7 (2) |
| DEPOSITION OF ACCUSED |
| District Court Area of |
District No. |
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.............................................. Prosecutor |
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............................................. Accused |
| THE DEPOSITION of the above-named accused who stands charged as set out in the statement of charges served upon him. |
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The deponent says on 
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Signed............................................................ .....
Deponent .
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Taken before me this day of 19 ,
at
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Signed............................................................ ....
Justice of the District Court
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*delete where inapplicable.
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| FORM 10 |
RULE 8 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 14 |
| DEPOSITION |
| District Court Area of |
District No. |
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.............................................. Prosecutor |
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............................................. Accused |
| THE DEPOSITION of |
| of |
| taken before me, in the presence and hearing of the above-named accused who stands charged as set out in the statement of charges served upon him and the accused having been first informed that this deposition might be read as evidence at his trial if it is proved that |
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(a) the deponent is dead or unable to attend or prevented from attending to give evidence at the trial, and
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(b) the deposition was taken in the presence of the accused, and
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(c) an opportunity was given for the cross-examination and re-examination of the deponent,
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| except that in the case of the deponent's death this deposition shall not be read if the trial judge considers that to do so would not be in the interests of justice. |
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The deponent says on 
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Signed............................................................ ....
Deponent .
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Taken before me this day of 19 ,
at
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Signed............................................................ .....
Justice of the District Court
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*delete where inapplicable.
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| FORM 11 |
RULE 9 |
| CRIMINAL PROCEDURE ACT, 1967 |
| *section 7 (4) |
| *section 8 (2) |
| STATEMENT OF ACCUSED |
| District Court Area of |
District No. |
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............................................. Prosecutor |
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............................................ Accused |
| The accused, having been asked by me if he had anything to say in answer to the charge preferred against him and having been cautioned by me as follows "You are not obliged to say anything unless you wish to do so, and whatever you do say will be taken down in writing and †(if you are sent forward for trial) may be given in evidence at your trial", said:-- |
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| The above statement which was read over to the accused was made before me this day of 19 , at |
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Signed............................................................ ..
Justice of the District Court
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*delete where inapplicable.
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†delete where accused charged under section 8 (2).
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| FORM 12 |
RULE 10 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 8 (1) |
| ORDER ON PRELIMINARY EXAMINATION |
| District Court Area of |
District No. |
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............................................. Prosecutor |
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............................................ Accused |
| I, being of opinion that there is a sufficient case to put the above-named accused on trial for offences numbered ..............................in the statement of charges and with which the accused has been charged ORDER that the accused be sent forward for trial on the aforesaid offences to the |
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 sitting of the............................................................ .........Court
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at........................ 
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| *(I FURTHER ORDER that until the said conditions of the release are fulfilled the accused be detained in custody) |
| *(AND I FURTHER ORDER that the accused be discharged in respect of offences numbered..............................in the statement of charges). |
| Dated this day of 19. |
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Signed............................................................ ..
Justice of the District Court
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| * Consent to and conditions of release |
| I hereby consent to the above-named accused being conditionally released on his entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties.......................... pounds be accepted). |
| Dated this day of 19. |
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Signed............................................................ ..
Justice of the District Court
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*delete where inapplicable.
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| FORM 13 |
RULE 11 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 8 (2) |
| CHARGE OF INDICTABLE OFFENCE |
| District Court Area of |
District No. |
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............................................ Prosecutor |
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............................................ Accused |
| You............................................................ ...... are hereby charged that |
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| Dated this day of 19. |
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Signed............................................................ ...
by or on behalf of Prosecutor
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| FORM 14 |
RULE 11 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 8 (2) |
| ORDER ON PRELIMINARY EXAMINATION |
| District Court Area of |
District No. |
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............................................ Prosecutor |
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............................................ Accused |
| I, being of opinion that there is a sufficient case to put the above-named accused on trial for the following offences with which he has been charged:-- |
| ORDER that the accused be sent forward for trial on the aforesaid offences |
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to the  sitting of the............................................................ Court
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at............................................................ ... 
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| *(I FURTHER ORDER that until the said conditions of the release are fulfilled the accused be detained in custody). |
| Dated this day of 19. |
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Signed............................................................ ....
Justice of the District Court
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| *Consent to and conditions of release |
| I hereby consent to the above-named accused being conditionally released on his entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties ........................ pounds be accepted). |
| Dated this day of 19. |
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Signed............................................................ ...
Justice of the District Court
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*delete where inapplicable.
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| FORM 15 |
RULE 12 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 8 (4) |
| CHARGE OF SUMMARY OFFENCE |
| District Court Area of |
District No. |
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............................................ Prosecutor |
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............................................ Accused |
| You............................................................ ...... are hereby charged that |
| Dated this day of 19 . |
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Signed............................................................ ...
by or on behalf of Prosecutor
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| FORM 16 |
RULE 13 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 9 |
| WITNESS ORDER |
| District Court Area of |
District No. |
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............................................ Prosecutor |
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........................................... Accused |
| I HEREBY ORDER that each person whose name is set out in the list of witnesses herein and numbered.............................................thereon and the following additional persons whose depositions have been taken:-- |
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do attend and give evidence at the  sitting of the ..............................
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| Court at............................................................ ...... |
| AND I FURTHER ORDER that each of the following persons shall there and then produce the document or thing specified hereunder. |
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| Witness No. (if any) |
Name |
Document or thing to be produced |
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| Dated this day of 19. |
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Signed............................................................ ...
Justice of the District Court
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*delete where inapplicable.
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| FORM 17 |
RULE 14 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 9 |
| NOTICE OF WITNESS ORDER |
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......................................... Prosecutor |
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........................................ Accused |
| TAKE NOTICE that on the day of 19 , a |
| WITNESS ORDER was made in the above matter requiring you to attend and give evidence at the trial *(and furthermore to bring with you the following documents or things):-- |
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| The said trial will take place at............................................................ ........................... |
| on the day of 19 , at .m. |
| Dated this day of 19. |
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Signed............................................................ ....
by or on behalf of Prosecutor .
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| To |
| of |
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NOTE: Under section 9 (2) of the Criminal Procedure Act, 1967 , a person who without just excuse disobeys a witness order shall be guilty of contempt of Court.
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*delete where inapplicable.
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| FORM 18 |
RULE 15 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 9 (3) |
| INFORMATION |
| District Court Area of |
District No. |
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............................................. Prosecutor |
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............................................ Accused |
| The information of |
| of |
| who says on oath:-- |
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On the day of 19 , a WITNESS ORDER was made requiring the attendance of ............................................................ of .................................................... at the trial of the above-named accused at the  sitting of the ................. Court at ..........................................................
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| I believe that it is unlikely that the said ................................................ |
| will comply with the said order for the following reason(s):-- |
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I therefore apply for the issue of a 
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Signed............................................................ .
Informant .
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| SWORN before me this day of 19. |
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Signed............................................................ .
Justice of the District Court .
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*delete where inapplicable.
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| FORM 19 |
RULE 16 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 9 (3) |
| SUMMONS FOR ATTENDANCE OF WITNESS |
| District Court Area of |
District No. |
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............................................ Prosecutor |
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............................................ Accused |
| WHEREAS on the day of 19 , a WITNESS ORDER was made herein requiring your attendance at the trial of the abovenamed accused; |
| AND WHEREAS I am satisfied by information on oath and in writing that you are unlikely to comply with the said order; |
| YOU ARE HEREBY COMMANDED to appear before a justice of the District |
| Court sitting at on the day of 19 , at .m. for the purpose of determining whether you should be bound by recognisance to comply with the said order. |
| Dated this day of 19 . |
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Signed............................................................ ....
Justice of the District Court .
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| To |
| of |
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NOTE: Section 9 (3) of the Act provides as follows:--
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"If, on the application of the Attorney General or an accused person, the justice is satisfied by evidence on oath that a particular person is unlikely to comply with a witness order, the justice may bind him by recognisance to appear at the trial and if he refuses to be so bound the justice may by warrant commit him to custody until the trial or until he enters into a recognisance; and the justice shall have the same powers for enforcing the attendance of such person before him for the purposes of this subsection as the District Court has in relation to witnesses in criminal proceedings."
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| FORM 20 |
RULE 16 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 9 (3) |
| WARRANT FOR ATTENDANCE OF WITNESS |
| District Court Area of |
District No. |
|
........................................... Prosecutor |
|
.......................................... Accused |
|
WHEREAS on the day of 19 , a WITNESS ORDER was made herein requiring the attendance of ............................................................ .................. of ............................................................ ............................................................ .............................
at the trial of the above-named accused;
|
| AND WHEREAS I am satisfied by information on oath and in writing that the said............................................................ is unlikely to comply with the said order; |
| AND WHEREAS I am further satisfied that it is probable that the said ............................................................ will not attend before me, without being compelled to do so, for the purpose of determining whether he should be bound by recognisance to comply with the said witness order; |
| THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said............................................................ and to bring him before me or another justice or a peace commissioner to be dealt with according to law. |
| Dated this day of 19 . |
|
Signed............................................................ .....
Justice of the District Court .
|
| To the Superintendent of the Garda Síochána |
| at |
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| FORM 21 |
RULE 17 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 9 (3) |
| WARRANT FOR ARREST OF WITNESS |
| (non-appearance on summons) |
| District Court Area of |
District No. |
|
............................................ Prosecutor |
|
........................................... Accused |
|
WHEREAS on the day of 19 , a summons was issued requiring ............................................................ ............................................................ ............................
of ............................................................ ............................................................ .......................
to attend at a sitting of the District Court at............................................................ ....................... on the day of 19 , at .m. for the purpose of determining whether he should be bound by recognisance to comply with the
|
| WITNESS ORDER dated the day of 19 , ordering him to attend at the trial of the above-named accused; |
|
AND WHEREAS the said ............................................................ ....................................
has failed to appear at the said time and place;
|
| AND WHEREAS it has been duly proved that the summons was served on the said............................................................ .................................................. in accordance with the provisions of the District Court Rules; |
|
THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ............................................................ ............................................................ .............................
of ............................................................ ............................................................ ......................... and to bring him before me or another justice or a peace commissioner to be dealt with according to law.
|
| Dated this day of 19 . |
|
Signed............................................................ ...
Justice of the District Court .
|
| To the Superintendent of the Garda Síochána |
| at |
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| FORM 22 |
RULE 18 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 9 (3) |
| WITNESS RECOGNISANCE |
| District Court Area of |
District No. |
|
............................................. Prosecutor |
|
............................................. Accused |
|
I,............................................................ ............................................................ ..................
of ............................................................ .................... a ............................................................ .
acknowledge myself to owe to the State the sum of............................................................ ......... pounds to the use of the Minister for Finance if I fail in the condition hereunder.
|
|
Signed................................................... |
| Acknowledged before me this day of 19 . |
|
Signed............................................................ .... |
|
Justice of the District Court or Peace Commissioner |
|
The condition of this recognisance is that the said............................................................ .............................................. do attend at the trial of the above-named accused at the  sitting of the ............................................... Court at ................................................
and any adjournment thereof until his presence at the trial is no longer required.
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*delete where inapplicable.
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| FORM 23 |
RULE 18 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 9 (3) |
| WARRANT OF COMMITTAL OF WITNESS |
| District Court Area of |
District No. |
|
............................................ Prosecutor |
|
........................................... Accused |
|
WHEREAS ............................................................ ............... of ....................................... appeared this day before me on foot of a  for the purpose of determining whether he should be bound by recognisance to comply with the witness order dated the day of 19 , in the above matter;
|
| AND WHEREAS the said ............................................................ ............................., having been ordered by me to bind himself by recognisance in the sum of ................................................... pounds to comply with the said order, has refused to do so; |
|
THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge
the said ............................................................ ............................................................ ................
of ............................................................ ............................................................ .........................
in the prison at............................................................ ...........................there to be imprisoned by the Governor of the said prison until the trial of the accused or until he enters into the said recognisance.
|
| Dated this day of 19 . |
|
Signed............................................................ ....
Justice of the District Court .
|
| To the Superintendent of the Garda Síochána |
| at |
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*delete where inapplicable.
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| FORM 24 |
RULE 19 (1) |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 12 |
| ORDER SENDING FORWARD WITHOUT PRELIMINARY |
| EXAMINATION |
| District Court Area of |
District No. |
|
............................................ Prosecutor |
|
........................................... Accused |
| WHEREAS the above-named accused is before the Court charged that |
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| AND WHEREAS the accused has waived the preliminary examination and elected to be sent forward for trial with a plea of not guilty; |
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I HEREBY ORDER that the accused be sent forward for trial on the aforesaid offences to the  sitting of the............................................................ ............Court
at ............................................................ ............................................................ .........................
|
| *(I FURTHER ORDER that until the said conditions of the release are fulfilled the accused be detained in custody). |
| Dated this day of 19 . |
|
Signed............................................................ .....
Justice of the District Court .
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| * Consent to and conditions of release |
| I hereby consent to the above-named accused being conditionally released on his entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each * (and I further consent that in lieu of such surety or sureties ..................... pounds be accepted). |
| Dated this day of 19 . |
|
Signed............................................................ .....
Justice of the District Court .
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*delete where inapplicable.
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| FORM 25 |
RULE 19 (2) |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 12 |
| ORDER SENDING FORWARD WITHOUT PRELIMINARY |
| EXAMINATION |
| (child or young person) |
| District Court Area of |
District No. |
|
.............................................. Prosecutor |
|
............................................. Accused |
| WHEREAS the above-named accused being a child or young person within the meaning of the Children Acts, 1908 to 1957, is before the Court charged that |
| AND WHEREAS he has waived the preliminary examination and elected to be sent forward for trial with a plea of not guilty; |
|
AND WHEREAS .............................. of .............................. being the  having the actual possession and control of the accused, consents to his waiving of the said preliminary examination;
|
|
I HEREBY ORDER that the accused be sent forward for trial on the aforesaid charge to the  sitting of the ....................................Court at ..................................... *in custody/*on conditional release as set out hereunder.
|
| *(I FURTHER ORDER that until the said conditions of the release are fulfilled the accused be detained in custody). |
| Dated this day of 19 . |
|
Signed ............................................................
Justice of the District Court .
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| * Consent to and conditions of release |
| I hereby consent to the above-named accused being conditionally released on his entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties..................pounds be accepted). |
| Dated this |
day of |
19 . |
|
Signed............................................................ .......
Justice of the District Court
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*delete where inapplicable.
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| FORM 26 |
RULE 20 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 13 (2) (b) |
| PLEA OF GUILTY |
| District Court Area of |
District No. |
|
.............................. Prosecutor |
|
.............................. Accused |
| I, ................................., the above-named accused, being before the Court charged that |
|
| hereby plead guilty to the said charge. |
|
Signed............................................................ .
Accused
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| Taken before me this |
day of |
19 , |
| at |
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|
Signed...........................................................
Justice of the District Court
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| FORM 27 |
RULE 20 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 13 (2) (b) |
| ORDER SENDING FORWARD ON A PLEA OF GUILTY |
| District Court Area of |
District No. |
|
................................................. Prosecutor |
|
.................................................... Accused |
| WHEREAS the above-named accused being before the Court charged that |
|
| AND WHEREAS the Court has ascertained that he wishes to plead guilty to the said charge; |
| AND WHEREAS the Court is satisfied that he understands the nature of the charge and the facts alleged; |
| AND WHEREAS the accused has signed a plea of guilty; |
|
THE COURT HEREBY ORDERS that he be sent forward for sentence on the aforesaid charge to the  sitting of the..............................Court at ........................
|
| *(THE COURT FURTHER ORDERS that until the said conditions of the release are fulfilled the accused be detained in custody). |
| Dated this |
day of |
19 . |
|
Signed.........................................................
Justice of the District Court
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| * Consent to and conditions of release. |
| I hereby consent to the above-named accused being conditionally released on his entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties..................pounds be accepted). |
| Dated this |
day of |
19 . |
|
Signed............................................................ ...
Justice of the District Court
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*delete where inapplicable.
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| FORM 28 |
RULE 21 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 14 |
| INFORMATION |
| District Court Area of |
District No. |
|
.................................................... Prosecutor |
|
....................................................... Accused |
| The information of |
| of |
| who says on oath:-- |
| I believe that............................................................ ........................................................... |
| of............................................................ ............................................................ .......................... |
|
a prospective witness at the trial of the above-named accused may be  to give evidence at the trial of the accused for the following reasons:--
|
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|
Signed.......................................................
Informant
|
| SWORN before me this |
day of |
19 . |
|
|
Signed............................................................
Justice of the District Court
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*delete where inapplicable.
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| FORM 29 |
RULE 22 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 14 |
| WITNESS SUMMONS |
| District Court Area of |
District No. |
|
...................................................... Prosecutor |
|
..................................................... Accused |
|
WHEREAS an information has been made on oath and in writing that you may be  to give evidence at the trial of the above-named accused;
|
| AND WHEREAS I am of opinion that it is necessary in the interests of justice that your evidence be taken by way of sworn deposition; |
| I HEREBY ORDER ACCORDINGLY AND COMMAND YOU to appear at the sitting of the District Court at |
| on the |
day of |
19 , |
at |
.m. |
| to give evidence by way of sworn deposition. |
| *AND you are to bring with you the following documents (or things):-- |
|
| Dated this |
day of |
19 . |
|
Signed............................................................
Justice of the District Court
|
| To |
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| of |
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*delete where inapplicable.
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| FORM 30 |
RULE 22 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 14 |
| WARRANT FOR ATTENDANCE OF WITNESS |
| District Court Area of |
District No. |
|
.................................................... Prosecutor |
|
..................................................... Accused |
| WHEREAS an information has been made on oath and in writing that............................ |
| ............................................................ ................of............................................................ .............. |
|
a prospective witness at the trial of the above-named accused may be  to give evidence at the trial of the accused;
|
| AND WHEREAS I am of opinion that it is necessary in the interests of justice that his evidence be taken by way of sworn deposition; |
| AND WHEREAS I am satisfied that it is probable that he will not attend without being compelled to do so; |
| I HEREBY ORDER ACCORDINGLY AND COMMAND YOU to whom this warrant is addressed to arrest the said.................................................... of .............................................. and to bring him before me or another justice or a peace commissioner to be dealt with according to law. |
|
| Dated this |
day of |
19 . |
|
Signed...........................................................
Justice of the District Court
|
| To the Superintendent of the Garda Síochána |
| at |
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*Delete where inapplicable.
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| FORM 31 |
RULE 23 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 14 |
| WARRANT FOR ARREST OF WITNESS |
| (non-appearance on summons) |
| District Court Area of |
District No. |
|
................................................... Prosecutor |
|
..................................................... Accused |
| WHEREAS on the day of 19 , a summons was |
| issued requiring............................................................ ............................................................ .. |
| of................................................... to attend as a WITNESS at a sitting of the District Court at..........................................on the day of 19 , at .m. for the purpose of taking his evidence by way of sworn deposition; |
| AND WHEREAS the said............................................................ ...... has failed to appear at the said time and place; |
| AND WHEREAS it has been duly proved that the summons was served on the said............................................................ in accordance with the provisions of the District Court Rules; |
| THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said............................................................ ..... of............................................................ ............. |
| ............................................................ ..................................................... .and to bring him before me or another justice or a peace commissioner to be dealt with according to law. |
| Dated this |
day of |
19 . |
|
Signed........................................................
Justice of the District Court
|
| To the Superintendent of the Garda Síochána |
| at |
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| FORM 32 |
RULE 24 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 14 |
|
SUMMONS TO ACCUSED TO ATTEND TAKING OF FURTHER
DEPOSITIONS
|
| District Court Area of |
District No. |
|
....................................................... Prosecutor |
|
....................................................... Accused |
| YOU ARE HEREBY COMMANDED to appear at the sitting of the District Court at............................................................ ............................................................ ................................. |
| on the |
day of |
19 , |
at |
.m. |
| for the purpose of being present at the taking of the deposition of ..................................... |
|
| Dated this |
day of |
19 . |
|
Signed............................................................ ...
Justice of the District Court
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|
To
(the above-named accused)
|
| of |
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| FORM 33 |
RULE 24 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 14 |
| WARRANT FOR ARREST OF ACCUSED |
| District Court Area of |
District No. |
|
...................................................... Prosecutor |
|
........................................................ Accused |
| WHEREAS an information has been made on oath and in writing that.......................... |
| ............................................................ ................of............................................................ ............ |
|
a prospective witness at the trial of the above-named accused may be to give evidence at the trial of the accused;
|
| AND WHEREAS I am of opinion that it is necessary in the interests of justice that the evidence of the said witness be taken by way of sworn deposition; |
| AND WHEREAS I am satisfied that it is probable that the accused will not attend at the taking of the evidence of the said witness without being compelled to do so; |
| THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said accused............................................................ .......... of............................................................ ... |
| and to bring him before me or another justice or a peace commissioner to be dealt with according to law. |
| Dated this |
day of |
19 . |
|
Signed............................................................
Justice of the District Court
|
| To the Superintendent of the Garda Síochána |
| at |
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*delete where inapplicable.
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| FORM 34 |
RULE 24 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 14 |
| WARRANT TO PRODUCE ACCUSED |
| District Court Area of |
District No. |
|
................................................... Prosecutor |
|
...................................................... Accused |
| SEND in custody the above-named accused who was committed on the day of 19 , for the purpose of his being present at the |
| taking of the deposition of................................................of...................................................... ...........................at the sitting of the District Court at |
| on the |
day of |
19 , |
at |
.m. |
| Dated this |
day of |
19 . |
|
Signed...................................................
Justice of the District Court
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To the  of the
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| at |
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*delete where inapplicable.
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|
CRIMINAL PROCEDURE ACT, 1967
|
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|
section 14
|
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WARRANT FOR ARREST OF ACCUSED
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(non-appearance on summons)
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| District Court Area of |
District No. |
|
................................................... Prosecutor |
|
........................................................ Accused |
| WHEREAS on the |
day of |
19 , |
a summons was |
| issued requiring the above-named accused of............................................................ ............... |
| to attend at a sitting of the District Court at............................................................ .................. |
| on the |
day of |
19 , |
at |
.m. for the purpose of |
|
being present at the taking of the deposition of............................................................ ............
of............................................................ ............................................................ .........................;
|
| AND WHEREAS the accused has failed to appear at the said time and place; |
| AND WHEREAS it has been duly proved that the summons was served on the accused in accordance with the provisions of the District Court Rules; |
| THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest |
| the accused............................................................ ............................................................ .......... |
| of ............................................................ ............................................................ ......................... |
| and to bring him before me or another justice or peace commissioner to be dealt with according to law. |
| Dated this |
day of |
19 . |
|
Signed ............................................................ ............... |
|
Justice of the District Court |
| To the Superintendent of the Garda Síochána |
| at |
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|
CRIMINAL PROCEDURE ACT, 1967
|
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|
section 17 (2)
|
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CERTIFICATE TO THE HIGH COURT
|
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| District Court Area of |
District No. |
|
.................................................. Prosecutor |
|
....................................................... Accused |
| An application having been made to me this day by the Attorney General pursuant to section 17 (2) of the Criminal Procedure Act, 1967 , AND IT APPEARING to me that.......................................of........................................................... has contravened section 17(1) of that Act by publishing or causing to be published the following information in relation to the preliminary examination of offences with which the above-named accused is charged:-- |
| I HEREBY so certify and I say that I did not permit publication of such information pursuant to section 17(3) of the Act. |
| Dated this |
day of |
19 . |
|
Signed............................................................ ... |
|
Justice of the District Court |
| To the High Court |
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|
CRIMINAL PROCEDURE ACT, 1967
|
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|
section 22
|
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|
COMMITTAL WARRANT
|
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(remand)
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| District Court Area of |
District No. |
|
........................................
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|
.........................................
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| WHEREAS the above-named |
 |
was this day before the Court |
| charged that |
|
|
|
| AND WHEREAS the hearing of the said charge has been adjourned to the sitting of the District Court at................................................on the |
| Day of |
19, |
at |
.m.; |
| THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge |
|
the  ............................................................ ............................................................ ....
|
| of ............................................................ ............................................................ ................................ |
| in the *(prison) *(remand institution, being a person who is not less than sixteen nor more than twenty-one years of age) at........................there to be detained |
|
by the  thereof until the above time of adjournment *
|
| (being a period not exceeding eight days from the date hereof) |
| * (being a period exceeding eight days but not exceeding thirty days from the date hereof, |
|
the  and so consenting and this not being the occasion
|
| of the first appearance of the accused before the Court) when he shall have him at the said sitting to be further dealt with according to law. |
| Dated this |
day of |
19 . |
|
Signed................................................... |
|
Justice of the District Court |
| To the Superintendent of the Garda Síochána |
| at |
|
| *Consent to and conditions of release |
|
I hereby consent to the above-named  being conditionally released
|
| on his entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties ..............................pounds be accepted). |
| Dated this |
day of |
19 . |
|
Signed ............................................................ .. |
|
Justice of the District Court |
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|
CRIMINAL PROCEDURE ACT, 1967
|
|
|
section 22
|
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|
COMMITTAL WARRANT
|
|
|
(sending forward for trial or sentence)
|
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|
| District Court Area of |
District No. |
|
........................................................ Prosecutor |
|
........................................................... Accused |
| WHEREAS the above-named accused was this day before the Court charged |
| that |
|
AND WHEREAS the accused has been sent forward for  on the said charge
|
|
to the  sitting of the ............................................................ ................... ..........
|
| Court at ......................... ................ ......................... .................. ................... ............ ..... ....... |
| THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the |
| accused............................................................ ............................................................ ....................... |
| of ............................................................ ............................................................ ................................. |
| in the * (prison) * (remand institution, being a person who is not less than sixteen nor more than twenty-one years of age) at............................................................ ..........there to |
|
be detained by the  thereof until his for the said offence and his discharge in due course of law.
|
| Dated this |
day of |
19 . |
|
Signed............................................................ .
Justice of the District Court
|
| To the Superintendent of the Garda Síochána |
| at |
| *Consent to and conditions of release |
| I hereby consent to the above-named accused being conditionally released on his entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties...........................pounds be accepted). |
| Dated this |
day of |
19 . |
|
Signed...................................................
Justice of the District Court
|
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*delete where inapplicable.
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| FORM 39 |
RULE 29 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 22 |
| RECOGNISANCE |
| (remand) |
| District Court Area of |
District No. |
|
....................................
|
|
......................................
|
| We ........................................................ |
of............................................................ ............. |
| a............................................................ ........... |
and............................................................ .......... |
| of............................................................ ......... |
a............................................................ .............. |
| and ............................................................ ...... |
of............................................................ ............ |
|
a.................................severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said..................................the sum of.............................pounds and the said...............................and the said...................... the sum of..............................pounds each to the use of the Minister for Finance if the above-named  fail in the
|
| condition hereunder. |
|
......................................
|
|
......................................... Surety |
|
......................................... Surety |
| Acknowledged before me this |
day of |
19 . |
|
Signed...................................................
Justice of the District Court or Peace Commissioner
|
|
The condition of this recognisance is that the above-named  will appear before the District Court at on the day of 19 , at .m. and any adjournment thereof until his presence is no longer required.
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*delete where inapplicable.
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| FORM 40 |
RULE 29 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 22 |
| RECOGNISANCE ON SENDING FORWARD FOR TRIAL OR SENTENCE |
| District Court Area of |
District No. |
|
................................................... Prosecutor . |
|
....................................................... Accused |
| We........................................................... |
of............................................................ ........... |
| a............................................................ ............. |
and............................................................ ........ |
| of............................................................ ........... |
a............................................................ ............ |
| and............................................................ ......... |
of............................................................ .......... |
| a............................................................ ............. |
|
| severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said.............................................the sum of ..........................................pounds and the said...................................................and the said..................................... the sum of....................... pounds each to the use of the Minister for Finance if the above-named accused fail in the condition hereunder. |
|
......................................................... Accused |
|
......................................................... Surety |
|
......................................................... Surety |
| Acknowledged before me this |
day of |
19 . |
|
Signed............................................................ ...
Justice of the District Court or Peace Commissioner
|
|
The condition of this recognisance is that the above-named accused will appear before the........................... Court to be held at.......................................on the day of 19 and will not depart from the said Court without leave and will attend there in person from day to day during the time the said Court shall be so held or any adjournment thereof for the purposes of his  and also attend any other Court to which his trial may be
|
| transferred until the charge against him shall be duly disposed of according to law. |
|
|
|
|
|
|
* delete where inapplicable
|
|
|
|
|
|
| FORM 41 |
RULE 30 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 25 |
| REMAND WARRANT TO GARDA SÍOCHÁNA STATION |
| District Court Area of |
District No. |
|
........................................
|
|
........................................
|
|
WHEREAS the above-named  was this day before me charged that
|
| AND WHEREAS the hearing of the said charge has been adjourned to the sitting of the District Court at ....................................on the day of 19 , at .m. (being not more than four days from this day); |
|
†(AND WHEREAS the Court is satisfied that suitable facilities are available at....................................for the custody of the  during the period of remand);
|
|
THIS IS TO COMMAND YOU to whom this warrant is addressed to commit the to the custody of............................................................ ...a member of the
|
| Garda Síochána at.......................................there to be detained until the above time of adjournment when he shall have him at the above place to be further dealt with according to law. |
| Dated this |
day of |
19 . |
|
Signed............................................................ ...................
Justice of the District Court
|
| To the Superintendent of the Garda Síochána |
| at |
|
|
|
|
|
|
* delete where inapplicable.
|
|
|
† delete where place of custody is within the Dublin Metropolitan Police District.
|
|
|
|
|
|
| FORM 42 |
RULE 31 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 26 |
| MONEY RECOGNISANCE |
| (sending forward for trial or sentence) |
|
|
| District Court Area of |
District No. |
|
.................................................. Prosecutor |
|
....................................................... Accused |
| I,............................................................ ............................................................ ................. |
| of............................................................ ............................................................ ......a.................. |
|
acknowledge myself to owe to the State the sum of...........................pounds to the use of the Minister for Finance AND in lieu of surety/sureties I have, pursuant to the direction of the justice sending me forward for  , lodged the sum of.........................pounds;
|
| AND I further acknowledge that both of the said sums are liable to be forfeit to the said Minister if I fail in the condition hereunder. |
|
Signed.......................................................... |
| Acknowledged before me this |
day of |
19 . |
|
Signed...........................................................
Justice of the District Court or Peace Commissioner
|
| The condition of this recognisance is that the above-named accused will appear |
|
before the....................................Court to be held at.............................. on the day of 19 and will not depart from the said Court without leave and will attend there in person from day to day during the time the said Court shall be so held or any adjournment thereof for the purposes of his and also attend any other
|
| Court to which his trial may be transferred until the charge against him shall be duly disposed of according to law. |
|
|
|
|
|
|
*delete where inapplicable.
|
|
|
|
|
|
| FORM 43 |
RULE 31 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 26 |
| MONEY RECOGNISANCE |
| (remand) |
| District Court Area of |
District No. |
|
........................................
|
|
........................................
|
| I,............................................................ ............................................................ ....................... |
| of............................................................ .................................................a........................................ |
| acknowledge myself to owe to the State the sum of.........................pounds to the use of the Minister for Finance AND in lieu of surety/sureties I have, pursuant to the direction of the justice/peace commissioner, lodged the sum of...................................................... pounds; |
| AND I further acknowledge that both of the said sums are liable to be forfeit to the said Minister if I fail in the condition hereunder. |
|
Signed............................................................ .. |
| Acknowledged before me this |
day of |
19 . |
|
Signed............................................................ ...
Justice of the District Court or Peace Commissioner
|
|
The condition of this recognisance is that the above-named  will
|
| appear before the District Court at on the day of 19 at .m. and any adjournment thereof until his presence is no longer required. |
|
|
|
|
|
|
*delete where inapplicable.
|
|
|
|
|
|
| FORM 44 |
RULE 32 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 30 |
| FORM OF ENDORSEMENT ON A WARRANT OF ARREST AS TO RELEASE ON BAIL |
| I hereby direct that the person named in this warrant be on arrest released on entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each, conditioned for the appearance of the said................................ at the sitting of the District Court in District No. next following the date of his arrest. |
| Dated this |
day of |
19 . |
|
Signed............................................................ ...
Justice of the District Court or Peace Commissioner
|
|
|
|
|
|
|
|
|
|
| FORM 45 |
RULE 33 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 31 |
| RECOGNISANCE TAKEN BY MEMBER OF GARDA SÍOCHÁNA |
| District Court Area of |
District No. |
|
....................................
|
|
........................................
|
| We .......................................................... |
of ............................................................ ...... |
| a............................................................ ............. |
and............................................................ ....... |
| of............................................................ ........... |
a............................................................ ........ |
| and............................................................ ......... |
of............................................................ ....... |
| a..............................................severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said........................the sum of................................pounds and the said ........................and the said........................ the sum of........................ pounds each to the use of the Minister for Finance |
|
if the above-named  fail in the condition hereunder.
|
|
..........................................
|
|
.......................................................... Surety |
|
......................................................... Surety |
| Acknowledged before me this |
day of |
19 . |
|
Signed............................................................ .
Member of Garda Síochána
|
|
The condition of this recognisance is that the above-named  will
|
| appear before the District Court at on the day of 19 , at .m. and any adjournment thereof until his presence is no longer required. |
|
|
|
|
|
|
*delete where inapplicable.
|
|
|
|
|
|
| FORM 46 |
RULE 33 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 31 |
| MONEY RECOGNISANCE TAKEN BY MEMBER OF GARDA SÍOCHÁNA |
| District Court Area of |
District No. |
|
......................................
|
|
.......................................
|
| I,............................................................ ............................................................ .................. |
| of............................................................ ............................................................ .......................... |
| a ..............................acknowledge myself to owe to the State the sum of ...............pounds to the use of the Minister for Finance AND in lieu of surety/sureties I have lodged the sum of................................ pounds; |
| AND I further acknowledge that both of the said sums are liable to be forfeit to the said Minister if I fail in the condition hereunder. |
|
Signed............................................................ . |
| Acknowledged before me this |
day of |
19 . |
|
Signed...........................................................
Member of Garda Síochána
|
|
The condition of this recognisance is that the above-named  will
|
| appear before the District Court at |
on the |
day of |
| 19 |
at |
.m. and any adjournment thereof until his presence is no longer |
| required. |
|
|
|
|
|
|
*delete where inapplicable.
|
|
|
|
|
|
| FORM 47 |
RULE 34 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 33 (1) |
| INFORMATION |
| District Court Area of |
District No. |
|
...............................................
|
|
.................................................
|
| The information of............................................................ ............................................................ ......................... |
| of............................................................ ............................................................ ........................... |
| who says on oath:-- |
| On the |
day of |
19 , |
at a sitting of the District |
|
|
| Court at........................................................ , ............................................................ .............. |
| of.......................................... entered into a recognisance with.................................................... |
| ......................of ............................................................ ............and............................................... |
| of...................................................... as sureties conditioned |
| (insert condition as on recognisance). |
|
|
I, being  , believe that the said...........................................
|
| .................................is about to abscond for the purpose of evading justice. |
| I therefore apply for the issue of a warrant for the arrest of the said....................................... |
| ............................................................ .......... |
|
|
Signed............................................................ ........
Informant
|
| SWORN before me this |
day of |
19 . |
|
Signed............................................................ ........
Justice of the District Court or Peace Commissioner
|
|
|
|
|
|
|
*delete where inapplicable.
|
|
|
|
|
|
| FORM 48 |
RULE 35 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 33 (1) |
| WARRANT OF ARREST |
| District Court Area of |
District No. |
|
............................................
|
|
...............................................
|
| WHEREAS an information has been made in writing and on oath that the |
|
 ............................................................ ............................................................ ...
|
| of............................................................ ............................................................ ......................... |
| who has been charged with an offence and admitted to bail is about to abscond for the purpose of evading justice; |
| THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the |
| said............................................................ ............................................................ ...................... |
| of............................................................ ............................................................ .......................... |
| and to bring him before a justice of the District Court to be dealt with according to law. |
| Dated this |
day of |
19 . |
|
Signed............................................................ .
Justice of the District Court or Peace Commissioner
|
| To the Superintendent of the Garda Síochána |
| at |
|
|
|
|
|
|
*delete where inapplicable.
|
|
|
|
|
|
| FORM 49 |
RULE 36 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 33 (3) |
| COMMITTAL WARRANT |
| District Court Area of |
District No. |
|
...........................................
|
|
...........................................
|
|
WHEREAS the above-named  was this day before me on foot of
|
| a warrant alleging that he having been admitted to bail was about to abscond for the purpose of evading justice; |
| AND WHEREAS the order admitting him to bail was made at a sitting of the District Court at ............................................................ ............................................................ ...................... |
| THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge |
|
the  ............................................................ ............................................................ ...
|
| of............................................................ ...........................................................in the *(prison) |
|
*(remand institution, being a person who is not less than sixteen years nor more than twenty-one years of age) at.............. there to be detained by the 
|
| thereof until the |
day of |
19 |
*(being a period not exceeding |
| eight days from the date hereof) *(being a period exceeding eight days but not |
|
exceeding thirty days from the date hereof, the  and
|
| so consenting) when he shall have him at the sitting of the District Court at ........................in District No............................to be further dealt with according to law. |
| Dated this |
day of |
19 . |
|
Signed............................................................
Justice of the District Court
|
| To the Superintendent of the Garda Síochána |
| at |
|
|
|
|
|
|
| *Consent to and conditions of release |
|
I hereby consent to the above-named  being conditionally released
|
| on his entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ each or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties ....................................pounds be accepted). |
| Dated this |
day of |
19 . |
|
Signed.............................................
Justice of the District Court
|
|
|
|
|
|
|
*delete where inapplicable.
|
|
|
|
|
|
| FORM 50 |
RULE 37 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 33 (4) |
| COMMITTAL WARRANT |
| (accused awaiting trial) |
| District Court Area of |
District No. |
|
.................................................... Prosecutor |
|
......................................................... Accused |
| WHEREAS the above-named accused was this day before the Court on foot of a warrant alleging that he having been admitted to bail was about to abscond for the purpose of evading justice; |
| AND WHEREAS the accused was by order dated the day of |
|
19 , sent forward for trial to the  sitting of the....................................................
|
| ......................................................Court at ......................................................on a charge that |
| THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the above-named accused............................................................ ..................................................... |
| of............................................................ ............................................................ .......................... |
| in the *(prison) *(remand institution, being a person who is not less than sixteen years nor more than twenty-one years of age) at............................................................ ........................ |
|
there to be detained by the  thereof until his trial for the said
|
| offence and his discharge in due course of law, |
| Dated this |
day of |
19 . |
|
Signed............................................................
Justice of the District Court
|
| To the Superintendent of the Garda Síochána |
| at |
|
|
|
|
|
|
|
|
|
| *Consent to and conditions of release |
| I hereby consent to the above-named accused being conditionally released on his entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties ...........................pounds be accepted). |
| Dated this |
day of |
19 . |
|
Signed............................................................ ...
Justice of the District Court
|
|
|
|
|
|
|
*delete where inapplicable
|
|
|
|
|
|
| FORM 51 |
RULE 37 |
| CRIMINAL PROCEDURE ACT, 1967 |
| section 33 (4) |
| COMMITTAL WARRANT |
| (remand) |
| District Court Area of |
District No. |
|
.........................................
|
|
.........................................
|
|
WHEREAS the above-named  was this day before the Court on foot of a warrant alleging that he having been admitted to bail was about to abscond for the purpose of evading justice;
|
| AND WHEREAS he stands remanded to the sitting of the District Court |
| at |
on the |
day of |
19 |
at |
.m. |
| charged that:-- |
| THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the |
|
 ............................................................ ............................................................ ........
|
| of............................................................ ............................................................ ................................... |
| in the *(prison) *(remand institution, being a person who is not less than sixteen years or more than twenty-one years of age) at................. there to be detained by the |
|
 thereof until the day of 19
|
| *(being a period not exceeding eight days from the date hereof) *(being a period exceeding eight days but not exceeding thirty days from the date hereof, the |
|
 and so consenting) when he shall have him at the said
|
| sitting of the District Court to be further dealt with according to law. |
| Dated this |
day of |
19 . |
|
Signed.....................................................
Justice of the District Court
|
| To the Superintendent of the Garda Síochána |
| at |
|
|
|
|
|
|
|
|
|
| *Consent to and conditions of release |
|
I hereby consent to the above-named  being conditionally released
|
| on his entering into a recognisance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum £ each *(and I further consent that in lieu of such surety or sureties..................pounds be accepted). |
| Dated this |
day of |
19 . |
|
Signed............................................................ .
Justice of the District Court
|
|
|
|
|
|
|
*delete where inapplicable.
|
|
|
GIVEN this 19th day of July, 1967.
|
|
|
|
|
|
|
Cathal Ó Floinn, Chairman |
|
Michael J. C. Keane |
John Farrell |
|
Richard Knight |
W.A. Osborne |
|
Gerard Clarke |
Andrew Eddery |
|
|
|
|
|
|
I concur in the making of the foregoing Rules.
|
|
|
Dated this 19th day of July, 1967.
|
|
|
Brian Lenihan
|
|
|
Minister for Justice
|
|
|
EXPLANATORY NOTE
|
|
|
These Rules, which come into operation on 1st August, 1967, deal with the procedure to be followed in connection with the preliminary examination of indictable offences and remand under the provisions of Parts II and III of the Criminal Procedure Act, 1967 .
|
|
|
|
