S.I. No. 63/1994:

DISTRICT COURT (COMPENSATION ORDER) RULES, 1994

DISTRICT COURT (COMPENSATION ORDER) RULES, 1994

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 (Compensation Order) Rules, 1994.

2. These Rules shall come into operation on the 11th day of April, 1994 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules--

"the Act" means the Criminal Justice Act, 1993 (No. 6 of 1993);

"compensation order" has the meaning assigned to it by section 6 of the Act;

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

references to a convicted person include, in cases to which section 99 of the Children Act, 1908 applies, references to that person's parent or guardian;

references to conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907;

"the Rules of 1976" means the District Court [ Family Law (Maintenance of Spouses and Children) Act, 1976 ] Rules, 1976 ( S.I. No. 96 of 1976 );

"the Rules of 1992" means the District Court ( Criminal Damage Act, 1991 ) Rules, 1992 ( S.I. No. 53 of 1992 ).

4. (1) Where, on conviction of a person of an offence, the Court makes a compensation order under section 6 (1) of the Act ordering that person or, as the case may be, that person's parent or guardian, to pay compensation in respect of personal injury or loss to an injured party, such compensation order shall be in the Form 1, 2, 3 or 4, as appropriate.

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

(3) The operation of a compensation order shall, in accordance with the provisions of section 8 (1) of the Act, be suspended--

( a ) in any case, until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence) has expired, that is to say, until the expiration of fourteen days from the date of conviction or sentence, and

( b ) in a case where the notice aforesaid is given within that time or such extended time as the court to which the appeal is brought may allow, until the appeal or any further appeal therefrom is finally determined or abandoned or the ordinary time for instituting any further appeal has expired.

(4) Where notice of an appeal against a compensation order made by the District Court is duly given, the operation of the order shall be suspended in accordance with the provisions of section 8 (1) (b) of the Act.

(5) In a case where the operation of a compensation order is suspended under the said section 8 (1) (b), the order shall not take effect if the conviction concerned is reversed on appeal.

(6) Where a compensation order has been made against a person in respect of an offence taken into consideration in determining his or her sentence, the order shall cease to have effect if that person successfully appeals against his or her conviction of the offence, or, if more than one, all the offences of which that person was convicted in the proceedings in which the order was made.

5. (1) An application under section 6 (8) (a) of the Act by a convicted person against whom a compensation order has been made for an order reducing the amount remaining to be paid, varying any instalment payable, or directing that no payments or further payments be made, under the order, may be made at any sitting of the Court for the court district wherein the compensation order was made.

(2) Such application shall be preceded by the issue and service of a notice in the Form 5 or 6, as appropriate, upon the injured party by prepaid registered post at least twenty-one days prior to the date fixed for hearing the application. When service has been effected, the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days prior to the said date for hearing.

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

6. (1) An application under section 6 (8) (b) of the Act by an injured party for an order increasing the amount to be paid, the amount of any instalment or the number of instalments payable under a compensation order may be made at any sitting of the Court for the court district wherein the compensation order was made.

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

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

7. (1) Whenever a compensation order or an order under section 6 (8) of the Act is made by the District Court, or whenever notification of the making of such an order by another court is received by the District Court Clerk specified in the order, such clerk shall register particulars of the order and shall notify by prepaid ordinary post the convicted person concerned (or, as the case may be, that person's parent or guardian) of the hours and days during which, and the place at which, payments under the order may be made.

(2) Such clerk shall give a receipt for every payment made to him or her under the order and shall transmit by post the payments to the injured party concerned.

8. Where, for the purpose of securing compliance with a compensation order or an order under section 6 (8) of the Act, application is made to the Court

-- for an attachment of earnings order, or

-- under section 8 of the Enforcement of Court Orders Act, 1940 ,

the relevant provisions of the Rules of 1976 relating respectively to attachment of earnings and to proceedings under the said section 8 shall, with any necessary modifications, apply, and the relevant forms prescribed therein, suitably adapted, may be used. In every such case, references in those rules and forms

-- to the maintenance creditor shall be construed as references to the injured party, and

-- to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 99 of the Children Act, 1908 applies, to that person's parent or guardian.

9. Where the amount paid under a compensation order exceeds the damages as assessed by the Court in civil proceedings brought in respect of the injury or loss concerned and the Court makes an order in those proceedings in accordance with the provisions of paragraph (ii) of section 9 of the Act that the amount of the excess be repaid to the person against whom the compensation order was made, the order of the Court in such case shall be in the Form 13.

10. In the Rules of 1992--

( a ) rule 3 is hereby amended by the deletion of the definition of "compensation order" and of the two clauses which relate respectively to "conviction of a person" and "convicted person";

( b ) rules 4, 5, 6 and 7 are hereby annulled.

SCHEDULE

General heading to be used on all forms:

CRIMINAL JUSTICE ACT, 1993

Section 6(1)

COMPENSATION ORDER

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

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

............................................................ ............................................................ ...... Injured Party

*Delete words inapplicable

WHEREAS IN PROCEEDINGS entitled as above THE COURT has on this day CONVICTED the above-named accused (hereinafter referred to as the "convicted person"), residing at ............................................................ .....................................................

*(in the court area and district aforesaid) of the following offence, that is to say,--

AND WHEREAS the above-named injured party has suffered *personal injury *loss resulting from *(that offence) *(the following offence(s) which was/were taken into consideration in determining sentence, that is to say,--

),

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

having regard to--

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

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

HEREBY ORDERS pursuant to section 6 (1) of the Act that the said convicted person ............................................................ ............................................................ .................

do pay the sum of £    as compensation in respect of the said *injury

*loss to the said injured party ............................................................ .....................................

of ............................................................ ............................................................ ........... who has suffered such *injury *loss,

AND DIRECTS that such compensation be paid--

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

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

AND FURTHER DIRECTS that all payments made under this order shall be made to the

District Court Clerk, District Court Office, ............................................................ .........................

for transmission to the injured party.

Dated this    day of           19

NOTE: The operation of the above order shall be suspended until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence or the order itself) has expired, that is to say, until the expiration of fourteen days from the date of the conviction, sentence or order.

(See subsections (1) and (4) of section 8 of the Act)

CRIMINAL JUSTICE ACT, 1993

section 6 (1)

CHILDREN ACT, 1908

section 99

COMPENSATION ORDER

(against parent or guardian of child or young person)

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

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

and

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

............................................................ ............................................................ .......... Injured Party

*Delete words inapplicable

WHEREAS IN PROCEEDINGS entitled as above THE COURT has on this day CONVICTED the above first-named accused (hereinafter referred to as the "convicted person") being a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and residing at ............................................................ ......................

*(in the court area and district aforesaid) of the following offence, that is to say,--

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

AND WHEREAS the above-named injured party has suffered *personal injury *loss resulting from *(that offence) *(the following offence(s) which was/were taken into consideration in determining sentence, that is to say,--

),

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

having regard to--

the evidence given and the representations made herein, and

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

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

HEREBY ORDERS pursuant to section 6 (1) of the said Act of 1993 and section 99 of the said Act of 1908, that the said *parent *guardian, ........... of............................................... do pay the sum of £ as compensation in respect of the said *injury *loss to the said injured party ............................................................ ............................................................ ......................

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

who has suffered such *injury *loss,

AND DIRECTS that the said compensation be paid--

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

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

AND FURTHER DIRECTS that all payments made under this order shall be made to the

District Court Clerk, District Court Office, ............................................................ ....................

for transmission to the injured party.

Dated this     day of         19  .

NOTE: The operation of the above order shall be suspended until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence or the order itself) has expired, that is to say, until the expiration of fourteen days from the date of the conviction, sentence or order.

(See subsections (1) and (4) of section 8 of the Act of 1993).

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993

section 6 (1)

COMPENSATION ORDER

(where offence involved use of mechanically propelled vehicle)

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

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

............................................................ ............................................................ ....... Injured Party

*Delete words inapplicable

WHEREAS IN PROCEEDINGS entitled as above THE COURT has on this day CONVICTED the above-named accused (hereinafter referred to as the "convicted person"), residing at ................................... *(in the court area and the district aforesaid) of the following offence involving the use of a mechanically propelled vehicle (within the meaning of the Road Traffic Act, 1961 ,) in a public place, that is to say,--

AND WHEREAS the above-named injured party has suffered *personal injury *loss resulting from that offence,

AND WHEREAS it appears to the Court that--

*(this order is in respect of *an injury *a loss as respects which the use of the vehicle by the convicted person was in breach of section 56 of the said Act of 1961,)

*(this order is in respect of a loss which is treated by subsection (3) of section 6 of the said Act of 1993 as having resulted from the offence),

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

having regard to--

the evidence given and the representations made herein, and

the means of the convicted person so far as they appear or are known to the Court, and

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

HEREBY ORDERS pursuant to section 6 (1) of the said Act of 1993 that the said convicted person ................................... do pay the sum of £  as compensation in respect of the said *injury *loss to the said injured party ............................................................ .....................

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

who has suffered such *injury *loss,

*(which sum includes the sum of £  representing the whole of/part of the loss of or reduction in preferential rates of insurance resulting from such use of the vehicle,)

AND DIRECTS that the said compensation be paid--

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

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

AND FURTHER DIRECTS that all payments made under this order shall be made to the

District Court Clerk, District Court Office, ............................................................ ..................

for transmission to the injured party.

Dated this    day of   19  .

NOTE: The operation of the above order shall be suspended until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence or the order itself) has expired, that is to say, until the expiration of fourteen days from the date of the conviction, sentence or order. (See subsections (1) and (4) of the Act of 1993).

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993

section 6(1)

CHILDREN ACT, 1908

section 99

COMPENSATION ORDER

(against parent or guardian of child or young person -- where offence involved use of mechanically propelled vehicle)

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

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

and

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

............................................................ ............................................................ . Injured Party

*Delete words inapplicable

WHEREAS IN PROCEEDINGS entitled as above THE COURT has on this day CONVICTED the above-named accused (hereinafter referred to as the "convicted person"), being a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and residing at ....................................... *(in the court area and district aforesaid) of the following offence involving the use of a mechanically propelled vehicle (within the meaning of the Road Traffic Act, 1961 ) in a public place, that is to say,--

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

AND WHEREAS the above-named injured party has suffered *personal injury *loss resulting from that offence,

AND WHEREAS it appears to the Court that--

*(this order is in respect of *an injury *a loss as respects which the use of the vehicle by the convicted person was in breach of section 56 of the said Act of 1961,)

*(this order is in respect of a loss which is treated by subsection (3) of section 6 of the said Act of 1993 as having resulted from the offence,)

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

having regard to--

the evidence given and the representations made herein, and

the means of the *parent *guardian of the convicted person so far as they appear or are known to the Court, and being of opinion that the total amount required by this order to be paid does not exceed the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said *injury *loss,

HEREBY ORDERS pursuant to section 6 (1) of the said Act of 1993 and section 99 of the said Act of 1908, that the said *parent *guardian, ............................................................ .........................................

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

do pay the sum of £ as compensation in respect of the said *injury *loss to the said injured party ................................................ of ..........................................., who has suffered such *injury *loss,

*(which sum includes the sum of £  representing the whole of/part of the loss of or reduction in preferential rates of insurance resulting from such use of the vehicle,)

AND DIRECTS that the said compensation be paid--

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

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

AND FURTHER DIRECTS that all payments made under this order shall be made to the

District Court Clerk, District Court Office,............................................................ ....................................................... for transmission to the injured party.

Dated this   day of    19   .

NOTE: The operation of the above order shall be suspended until the ordinary time for giving notice of an appeal (whether against the conviction to which the order relates or the sentence or the order itself) has expired, that is to say, until the expiration of fourteen days from the date of the conviction, sentence or order.

(See subsections (1) and (4) of section 8 of the Act of 1993.)

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993

section 6 (8) (a)

Notice of Application for an Order--

*Reducing the amount remaining to be paid

*Varying (an) instalment(s) payable

*Directing that no payments/further payments be made under a compensation order

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

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

............................................................ ............................................................ ..................................... Injured Party

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

*Delete words inapplicable

WHEREAS on the  day of    19,     on conviction of the above-named applicant of an offence. THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the above-mentioned Act ordering the applicant to pay the sum of £   as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and directing that the said compensation be paid *(in one payment) *(by .................consecutive *weekly *monthly instalments of £   each and a final balance of £    , the first of such instalments to be paid on the day of  19 ,).

AND WHEREAS because of a substantial reduction in his/her means, the applicant claims that those means are insufficient to satisfy that order in full,

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at................ on the   day of   19   at  a.m./p.m. for an order under section 6 (8) (a) of the said Act--

*reducing the amount remaining to be paid

*varying (an) instalment(s) payable

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

Dated   this   day of   19  .

To

of

The above-named injured party.

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993

section 6 (8) (a)

CHILDREN ACT, 1908

section 99

Notice of Application for an Order--

*Reducing the amount remaining to be paid.

*Varying (an) instalment(s) payable.

*Directing that no payments/further payments be made

under a Compensation Order (by a parent or guardian)

*Delete words inapplicable

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

AND WHEREAS on the   day of

19 , on conviction of the said person of an offence, THE COURT MADE A COMPENSATION ORDER against the said *parent *guardian under Section 6 (1) of the Criminal Justice Act, 1993 and section 99 of the Children Act, 1908 ordering him/her to pay the sum of £    as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and directing that the said compensation be paid *(in one payment) *(by ................................ consecutive *weekly *monthly instalments of £   each and a final balance of £   , the first of such instalments to be paid on the   day of    19  ,)

AND WHEREAS because of a substantial reduction in his/her means, the said *parent *guardian claims that those means are insufficient to satisfy that order in full,

TAKE NOTICE that the above-named *parent *guardian will apply at the sitting of the District Court to be held at ................................... on the   day of    19  at  a.m./p.m. for an order under section 6 (8) (a) of the said Act of 1993--

"reducing the amount remaining to be paid

*varying (an) instalment(s) payable

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

Dated this   day of     19   .

To

of

The above-named injured party.

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993

section 6 (8) (a)

ORDER

*Reducing the amount remaining to be paid

*Varying (an) instalment(s) payable

*Directing that no payments/further payments be made

Under a Compensation Order

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

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

............................................................ ............................................................ ............................... Injured Party

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

*Delete words inapplicable

WHEREAS ON CONVICTION of the above-named applicant (hereinafter referred to as the "convicted person") on the    day of    19    of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the above-mentioned Act ordering the convicted person to pay the sum of £    as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and directing that the said compensation be paid *(in one payment) *(by ............. consecutive *weekly *monthly instalments of £    each and a final balance of £    , the first of such instalments to be paid on the   day of   19  ,)

NOW THE COURT, on the application of the convicted person for an order under section 6 (8) (a) of the Act,

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

having heard the evidence given herein,

*(having regard to the representations made by or on behalf of the injured party,) and

it appearing that, because of a substantial reduction in the means of the convicted person, his/her means are insufficient to satisfy that order in full,

HEREBY ORDERS pursuant to section 6 (8) (a) of the Act

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

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

,)

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

*(AND DIRECTS that all payments made under this order shall be made to the

District Court Clerk, District Court Office,............................................................ ...........................................

for transmission to the injured party.)

Dated this   day of     19   .

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993 .

section 6 (8) (a)

CHILDREN ACT, 1908

section 99

ORDER

*Reducing the amount remaining to be paid

*Varying (an) instalment(s) payable

*Directing that no payments/further payments be made under a compensation order (by a patent or guardian)

*Delete words inapplicable

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

WHEREAS ON CONVICTION of the said person on the    day of   19   of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the Criminal Justice Act, 1993 and section 99 of the Children Act, 1908 ordering the said *parent *guardian to pay the sum of £   as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and directing that the said compensation be paid *(in one payment) *(by ................................... consecutive *weekly *monthly instalments of £   each and a final balance of £   , the first of such instalments to be paid on the    day of   19 ,)

NOW THE COURT, on an application of the said *parent *guardian for an order under section 6 (8) (a) of the said Act of 1993,

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

having heard the evidence given herein,

*(having regard to the representations made by or on behalf of the injured party,) and

it appearing that, because of a substantial reduction in the means of the said *parent *guardian, his/her means are insufficient to satisfy that order in full,

HEREBY ORDERS pursuant to section 6 (8) (a) of the said Act of 1993 and section 99 of the said Act of 1908

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

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

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

*(AND DIRECTS that all payments made under this order shall be made to the

District Court Clerk, District Court Office,............................................................ ..........................................

for transmission to the injured party).

Dated this   day of     19    .

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993

section 6 (8) ( b )

Notice of Application for an Order Increasing--

*The amount to be paid

*The amount of (an) instalment(s) payable

*The number of instalments payable under a compensation order

............................................................ ............................................................ ..... Applicant and Injured Party

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

............................................................ ............................................................ ...... Convicted Person

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

*Delete words inapplicable

WHEREAS on the    day of   19   ,on conviction of the above-named convicted person of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the above-mentioned Act ordering that person to pay the sum of £   as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and directing that the said compensation be paid *(in one payment) *(by .............. consecutive *weekly *monthly instalments of £   each and a final balance of £    , the first of such instalments to be paid on the   day of   19   ,)

AND WHEREAS, because of a substantial increase in the means of the convicted person, the injured party claims that those means are sufficient for the purposes of the order sought herein,

TAKE NOTICE that the injured party will apply at the sitting of the District Court to be held at ...............................

on the    day of   19  at  a.m./p.m. for an order under section 6 (8) ( b ) of the Act increasing--

*the amount to be paid

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

*the number of instalments payable under the said compensation order

Dated this   day of   19  

To

of

The above-named convicted person.

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993

section 6 (8) ( b )

CHILDREN ACT, 1908

section 99

Notice of Application for an Order Increasing--

*The amount to be paid

*The amount of (an) instalment(s) payable

*The number of instalments payable

Under a Compensation Order (by a parent or guardian)

*Delete words inapplicable

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

AND WHEREAS on the   day of   19   , on conviction of the said person of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the Criminal Justice Act, 1993 and section 99 of the Children Act, 1908 ordering the said *parent *guardian to pay the sum of £    as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and directing that the said compensation be paid *(in one payment) *(by................. consecutive *weekly *monthly instalments of £    each and a final balance of £   the first of such instalments to be paid on the    day of   19  ,)

AND WHEREAS, because of a substantial increase in the means of the said *parent *guardian, the injured party claims that those means are sufficient for the purposes of the order sought herein,

TAKE NOTICE that the injured party will apply at the sitting of the District Court to be held at ............................................ on the     day of    19   at  a.m./p.m. for an order under section 6 (8) ( b ) of the said Act of 1993 increasing--

*the amount to be paid

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

*the number of instalments payable

under the compensation order.

Dated this   day   of 19   .

To

of

The above-named *parent *guardian.

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993

section 6 (8) ( b )

Order Increasing--

*The amount to be paid

*The amount of (an) instalment(s) payable

*The number of instalments payable

under a compensation order.

............................................................ ............................................................ .... Applicant and Injured Party

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

............................................................ ..................................................... Convicted Person and Respondent

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

*Delete words inapplicable

WHEREAS ON CONVICTION of the above-named respondent (hereinafter referred to as the "convicted person") on the   day of   19   of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the above-mentioned Act ordering the convicted person to pay the sum of £  as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and directing that such compensation be paid *(in one payment) *(by ............... consecutive *weekly *monthly instalments of £   each and a final balance of £  , the first of such instalments to be paid on the  day of   19   ,)

NOW THE COURT on the application of the injured party for an order under section 6 (8) ( b ) of the Act,

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

having heard the evidence given herein,

*(having regard to the representations made by or on behalf of the convicted person on the issue,) and it appearing that--

because of a substantial increase in the means of the convicted person, his/her means are sufficient for the purposes of this order, and

any increased amount to be paid under this order would not exceed

*(the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said *injury *loss,)

*(the amount prescribed for the time being by law as the limit of the Court's jurisdiction in tort, that is to say, £ ,)

[whichever is the lesser]

HEREBY ORDERS pursuant to section 6 (8) ( b ) of the Act--

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

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

AND DIRECTS that all payments made under this order shall be made to the

District Court Clerk, District Court Office,............................................................ ........................................

for transmission to the injured party.

Dated this   day of   19  .

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993

section 6 (8) ( b )

CHILDREN ACT, 1908

section 99

Order Increasing--

*The amount to be paid

*The amount of (an) instalment(s) payable

*The number of instalments payable

under a compensation order (by a parent or guardian)

*Delete words inapplicable

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

WHEREAS ON CONVICTION of the said person on the    day of    19    of an offence THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the Criminal Justice Act, 1993 and section 99 of the Children Act, 1908 ordering the said *parent *guardian to pay the sum of £ as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence), and directing that such compensation be paid *(in one payment) *(by............ consecutive *weekly *monthly instalments of £ the first of such instalments to be paid on the   day of   19  ,)

NOW THE COURT, on the application of the injured party for an order under section 6 (8) ( b ) of the said Act of 1993,

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

having heard the evidence given herein,

*(having regard to the representations made by or on behalf of the *parent *guardian on the issue,) and

it appearing that--

because of a substantial increase in the means of the *parent *guardian, his/her means are sufficient for the purposes of this order, and

any increased amount to be paid under this order would not exceed

*(the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said *injury *loss)

*(the amount prescribed for the time being by law as the limit of the Court's jurisdiction in tort, that is to say, £  ,)

[whichever is the lesser]

HEREBY ORDERS pursuant to section 6 (8) ( b ) of the said Act of 1993 and section 99 of the said Act of 1908--

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

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

.)

AND DIRECTS that all payments made under this order shall be made to the

District Court Clerk, District Court Office,............................................................ ..........................................

for transmission to the injured party.

Dated this   day of    19   .

*Delete words inapplicable

CRIMINAL JUSTICE ACT, 1993

section 9

ORDER FOR REPAYMENT OF EXCESS AMOUNT

PAID UNDER A COMPENSATION ORDER

(order in civil proceedings)

............................................................ ............................................................ .................................... Plaintiff

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

............................................................ ............................................................ .................................... Defendant

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

*Delete words inapplicable

WHEREAS in the above-named civil proceedings now before the Court, brought by the above-named plaintiff seeking damages against the above-named defendant in respect of *personal injury *loss suffered by the plaintiff resulting from the following offence committed by the defendant, that is to say,--

THE COURT HAS ASSESSED the damages that the plaintiff would be entitled to recover in respect of the said *injury *loss at £   

AND IT APPEARING to the Court--

that on the   day of    19   a compensation order under section 6 (1) of the above-mentioned Act was made against the defendant in respect of the said *injury *loss by the ........................... Court, and

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

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

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

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

Dated this   day of   19  .

GIVEN this 30th day of November, 1993.

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

Dated this 24th day of March, 1994.

Máire Geoghegan-Quinn,

Minister for Justice.

EXPLANATORY NOTE.

These rules, which come into effect on the 11th day of April, 1994, prescribe the procedures to be followed in the District Court in relation to applications for Compensation Orders and applications for the adjustment of such Orders under the Criminal Justice Act, 1993 . They also prescribe the forms to be used in relation to such Orders.