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S.I. No. 166/2000 -- District Court (Offences Against The State (Amendment) Act, 1998) Rules, 2000.

S.I. No. 166/2000 -- District Court (Offences Against The State (Amendment) Act, 1998) Rules, 2000. 2000 166

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STATUTORY INSTRUMENTS.

S.I. No. 166 of 2000.

DISTRICT COURT (OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1998) RULES, 2000.

S.I. No. 166 of 2000.

DISTRICT COURT (OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1998) RULES, 2000.

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, Equality and Law Reform, make the following Rules of Court:

1. These Rules may be cited as the District Court (Offences against the State (Amendment) Act, 1998) Rules, 2000.

2. These Rules shall come into operation on the 12th day of June, 2000, and shall be read together with all other District Court Rules for the time being in force.

3. Order 17 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by

(a) by the addition of the following rule after rule 6 thereof.

7. (1) An application under section 30(4) of the Offences against the State Act, 1939 for a warrant to further detain a person detained pursuant to a direction under section 30(3) of the Act shall be in the Form 17.4 Schedule B by a member of the Garda Síochána not below the rank of Superintendent.

(2) A warrant issued on foot of such information shall be in the Form 17.5 Schedule B.

8. (1) An application for a warrant to arrest under section 30A(1) of the Offences against the State Act, 1939 shall be by the information on oath and in writing in the Form 17.6 Schedule B of a member of the Garda Síochána not below the rank of Superintendent.

(2) A warrant issued on foot of such information shall be in the Form 17.7 Schedule B.

and the said Order 17 as so amended appears in Schedule 1 to these Rules

(b) the Forms numbered 17.4 to 17.7 shall be added to the Forms in Schedule B to the District Court Rules 1997 ( S.I. No. 93 of 1997 )

and the said Forms 17.4 to 17.7 appear in Schedule 2 to these Rules.

SCHEDULE 1

O.17, r.1

ORDER 17

PROCEDURE ON ARREST

Particulars to be set out in charge sheet.

1.(1) Whenever a person is arrested and brought to a Garda Síochána Station and is being charged with an offence, or where an offence is alleged against a person who is already on remand to the Court and a summons in respect of the offence is not issued, particulars of the offence alleged against that person shall be set out on a charge sheet Form 17.1, Schedule B.

(2) When particulars of any offence are set out on a charge sheet in accordance with this rule, a copy of the particulars shall be furnished as soon as may be to the person against whom the offence is alleged.

(3) A charge sheet to which this rule applies shall be lodged as soon as possible with the Clerk for the court area in which the case is to be heard.

Person arrested to be brought before a Judge as soon as practicable.

2. (1) A person arrested pursuant to a warrant shall on arrest be brought beofre a Judge having jurisdiction to deal with the offence concerned as soon as practicable.

(2) A person arrested without warrant shall, on being charged with an offence, be brought before a Judge having jurisdiction to deal with the offence as soon as practicable.

* 3. Where a person is arrested pursuant to a warrant later than the hour of 5 o'clock on any evening or, having been arrested without warrant, is charged after that hour and a Judge of the District Court is due to sit in the District Court District in which the person was arrested not later than noon on the following day, it shall be sufficient compliance with subsection (1) or (2) of section 15 of the Criminal Justice Act, 1951 , as substituted by section 26 of the Criminal Justice Act, 1984 and as amended by section 18 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 , as the case may be, if that person is brought before a Judge of the District Court sitting in that District Court District at the commencement of the sitting.

Release on bail in certain cases by members of Garda Síochána.

** 4. (1) Whenever a person is brought into custody to a Garda Síochána Station by a member of the Garda Síochana, the sergeant or other member in charge of the station may, if the or she considers it prudent to do so and no warrant directing the detention of that person is in force, release that person on bail and for that purpose take from him or her a recognisance in the Form 17.2, Schedule B with or without sureties approved by that member in such sum or sums as such member shall determine, for his or her due appearance--

O.17, r.4

(a) before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or

(b) in the case of the District Court in the Dublin Metropolitan District before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting.

(2) A sum of money equivalent to the amount of bail may be accepted in lieu of a surety or sureties. In such cases the recognizance (Form 17.3 Schedule B) and the money shall be deposited by the member of the Garda Síochána receiving it with the Clerk of the Court before which the person is bound by the recognizance to appear.

(3) The recognizance may be estreated in the like manner as a recognizance entered into before a Judge is estreated.

(4) This rule does not apply to a person arrested under section 251 of the Defence Act, 1954 , on suspicion of being a deserter or an absentee without leave from the Defence Forces.

(5) A recognizance taken under this rule shall be transmitted to the Clerk of the Court before which the person is bound by the recognizance to appear.

Release on bail in pursuance of endorsement.

† 5. Where a person is arrested on a warrant containing an endorsement directing the release of that person on his or her entering into a recognizance the sergeant or other member of the Garda Síochána in charge of any station to which on arrest the person named in the warrant is brought shall discharge that person upon his or her entering into a recognizance, with or without sureties approved by that member, in accordance with the endorsement.

6. A recognizance of an accused and of the sureties, if any, under this Order may be taken on any day and at any time.

O.17, r.7

7. (1) An application under section 30(4) of the Offences against the State Act, 1939 for a warrant to further detain a person detained pursuant to section 30(3) of the Act shall be in the Form 17.4 Schedule B by a member of the Garda Síochána not below the rank of Superintendent.

(2) A warrant issued on foot of such information shall be in the Form 17.5 Schedule B.

8. (1) An application for a warrant to arrest under section 30A(1) of the Offences against the State Act, 1939 shall be by the information on oath and in writing in the Form 17.6 Schedule E of a member of the Garda Síochána not below the rank of Superintendent.

(2) A warrant issued on foot of such information shall be in the Form 17.7 Schedule B.

SCHEDULE 2

17.4

Schedule B O.17, r.7

OFFENCES AGAINST THE STATE ACT, 1939

as amended by the Offences against the State (Amendment) Act, 1998

Section 30(4)

APPLICATION FOR ISSUE OF WARRANT

District Court Area of

District No.

THE APPLICATION OF ............................................................ ............................................................ ..........................

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

who says

I am a member of the Garda Síochána not below the rank of Superintendent

............................................................ ........ was arrested on the ........... day of .......... 20 .

at ........ am/pm pursuant to the provisions of section 30 of the Act on suspicion of having committed an offence to wit;

and is presently detained pursuant to a direction under section 30(3) of the above Act

Said period of detention will expire on ....... day of ...................................... 20 at ......... am/pm.

I BELIEVE that further detention is necessary for the proper investigation of the offence as set out above

I hereby apply for the issue of a warrant authorising a further period of detention not exceeding 24 hours.

	Signed ............................................................ ..........................................
	Informant
Sworn before me this ........ day of ..................................... 20.....
	Signed ............................................................ ..........................................
	Judge of the District Court

Schedule B O.17, r.7(2)

17.5

OFFENCES AGAINST THE STATE ACT, 1939

as amended by the Offences against the State (Amendment) Act, 1998

Section 30(4A)

WARRANT TO DETAIN

District Court Area of

District No.

WHEREAS ............................................. was arrested on ............ day of ....................... at ............... am/pm pursuant to the provisions of section 30 of the above Act on suspicion of having committed an offence to wit;

and is presently detained pursuant to a direction under section 30(3) of the Act

AND WHEREAS on the hearing of an application pursuant to section 30(4) of the Act by ............................. of ............................ a member of the Garda Síochána not below the rank of Superintendent, for a warrant authorising the further detention of ................................................ whose current period of detention will expire on ....................... at ....... am/pm.

I AM SATISFIED that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

I HEREBY AUTHORISE the detention of ........................................... for a further period of .......... hours such period of detention to commence at the expiry of the period of detention authorised by section 30(3) of the Act.

Dated and issued this ........ day of .......... 20 .

at ................................ am/pm.

	Signed ............................................................ ..........................................
	Judge of the District Court

To Superintendent ......................

of the Garda Síochána

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

Schedule B O.17, r.8(1)

17.6

OFFENCES AGAINST THE STATE ACT, 1939

as amended by the Offences against the State (Amendment) Act, 1998

Section 30A(1)

INFORMATION

Dublin Metropolitan District
District Court Area of	District No.

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

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

The information of ............................................................ .............................

of ....................................a member of the Garda Síochána not below the rank of Superintendent who says on oath:

.......................... of .......................... was arrested pursuant to the provisions of section 30 of the above Act on ......... day of ............................ 20 at ......... am/pm and was detained pursuant to a direction under section 30(3) of the Act on suspicion of having committed an offence to wit;

Contrary to

And was released without charge.

FURTHER information regarding the suspected participation of ............................................................ ............................................................ ......... in the

* said offence

* the following offence (being one which, at the time of his arrest, the member of the Garda Síochána by whom he was arrested, suspected, or ought reasonably to have suspected, him of having committed) to wit:

Contrary to

has now come to my knowledge.

I hereby apply for the issue of a warrant for the arrest of ............................................................ ............................................

	Signed ............................................................ ..........................................
	Informant
Sworn before me this ........ day of ..................................... 20.....
	Signed ............................................................ ..........................................
	Judge of the District Court

Schedule B O.17, r.8(2)

17.7

OFFENCES AGAINST THE STATE ACT, 1939

Section 30A(1)

WARRANT TO ARREST

Dublin Metropolitan District
District Court Area of	District No.

WHEREAS from the information on oath and in writing sworn before me by ............................................................ ............................... a member of the Garda Síochána not below the rank of Superintendent

that ............................................................ ... was arrested pursuant to the provisions of section 30 of the above Act on ............................................ and detained pursuant to a direction under section 30(3) of the Act on suspicion of having committed an offence to wit;

Contrary to

and was released without charge

I AM SATISFIED that further information concerning the suspected participation of the accused in the * said offence

* the following offence (being one which, at the time of his arrest, the member of the Garda Síochána by whom he was arrested, suspected, or ought reasonably to have suspected, him of having committed) to wit:

Contrary to

has now come to the knowledge of the Garda Síochána

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ....................................................... of ............................................

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

	Signed ............................................................ ..........................................
	Judge of the District Court

To Superintendent ............................................................ .................................

of the Garda Síochana at

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

Given this 10th day of January, 2000.

PETER SMITHWICK (Chairman),

JOHN GARAVAN

GILLIAN HUSSEY

UINSIN MAC GRUAIRC

SÉAN McMULLIN

P.J. FITZPATRICK

JOHN P. BROPHY

OLIVE CAULFIELD

I concur in the making of the foregoing Rules.

Dated this 1st day of June, 2000

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules which come into operation on the 12th June, 2000 amend Order 17 of the 1997 Rules ( S.I. No. 93 of 1997 ) by the addition of an application and warrant to further detain a person arrested under section 30 of the Offences against the State Act, 1939 as amended by section 10 of the Offences against the State (Amendment) Act, 1998 .

*Criminal Justice Act, 1951 [s. 15] as amended.

**Criminal Procedure Act, 1967 [s. 31] as amended.

†Criminal Procedure Act, 1967 [s. 30(2)].

*Delete where inapplicable