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District Court Sittings: Appendices

District Court Sittings

Appendices to the Determination of the President of the District Court dated 18 September 2013.

Appendix 1: Civil business

Civil Business shall consist of civil proceedings instituted by civil process (excluding all ejectment civil proceedings) and all causes and matters arising out of or appertaining to such proceedings.

Appendix 2: Juvenile business

Juvenile business shall consist of:-

  1. The sending forward for trial or sentence of children in respect of indictable crimes and offences alleged against children, other than those being dealt with summarily.

  2. Dealing summarily with indictable crimes and offences alleged against children in accordance with the law.

  3. The sending forward for trial or sentence of adults in respect of indictable crimes and offences alleged against adults where the adult is either charged jointly with a child or charged with a crime or offence arising out of or relating to a crime or offence in respect of which a child is charged other than those being dealt with summarily.

  4. Dealing summarily with indictable crimes and offences alleged against adults where the adult is either charged jointly with a child or charged with a crime or offence arising out of or relating to a crime or offence in respect of which a child is charged in accordance with the law.

  5. All other informations, complaints and charges against adults where the adult is either charged jointly with a child, or charged with a crime or offence arising out of or relating to a crime or offence in respect of which a child is charged.

  6. All applications for orders or licences relating to a child at which the attendance of the child or young person is required.

  7. All informations, complaints and charges under the Education (Welfare) Act, 2000, as amended by the Education (Miscellaneous Provisions) Act 2007.

  8. Proceedings for the estreating of any recognizance which is entered into consequent on an order made in relation to the business mentioned in paragraphs 1, 2 or 4 hereof.

Appendix 3: Custody business

Custody business shall consist of:-

  1. The sending forward of accused persons for trial or sentence in respect of indictable crimes and offences other than those being dealt with summarily except such indictable crimes and offences as are included in Appendix 2.

  2. Dealing summarily with indictable crimes and offences alleged against accused persons in accordance with law except such indictable crimes and offences as are included in Appendix 2.

  3. The hearing of summary charges ancillary to indictable crimes or offences (whether the defendant shall have been summonsed or arrested), except, such indictable crimes and offences as are included in Appendix 2.

  4. All other informations, complaints and summary charges in respect of which the defendant shall have been arrested except:-

    (i) such informations, complaints or summary charges as are included in Appendix 2, and

    (ii) proceedings under section 8 of the Enforcement of Courts Orders Act, 1940 as amended by s. 5(4) of the Courts (No. 2) Act 1986 and s. 2(2)(a) of the Enforcement of Court Orders (Amendment) Act 2009.

    (iii) All summary charges under sections 220 [repealed by Maritime Safety Act 2005] to 225 inclusive of the Merchant Shipping Act 1894, and section 65 of the Merchant Shipping Act 1906/1983.

  5. All applications for warrants of arrest or search.

  6. The making of orders for the condemnation and destruction of diseased, unsound or unwholesome foodstuffs, under the Public Health Acts.

  7. All applications under the Police (Property) Act, 1897.

  8. Proceedings for the estreating of any recognizance which is entered into consequent on an order made in relation to the business mentioned in paragraphs A and B hereof and which is deposited with the Chief Clerk of the Dublin Metropolitan District Court.

Appendix 4: Summary business

Summary business shall consist of:-

  1. All complaints of a criminal nature being dealt with in a summary manner and all summary charges in respect of which a summons shall have been issued against the defendant except such complaints or summary charges as are included in Appendix 2 or Appendix 3.

  2. (1) All civil processes in ejectment.

    (2) Proceedings under the Housing (Private Rented Dwellings) Act, 1982.

    (3) Complaints by way of summons brought by the Dublin City Council, Fingal County Council, South Dublin County Council or the Dún Laoghaire Rathdown County Council for the recovery of rates.

    (4)  Proceedings by way of summons under the Cottier Tenants (Ireland) Act 1856, and section 81,84,85 and 86 (as amended and extended in the case of the last-mentioned section by section 7 of the Land Law (Ireland) Act 1887) of the Landlord and Tenant Law Amendment Act (Ireland) Act 1887) of the Landlord and Tenant Law Amendment Act (Ireland) 1860.

    (5) Proceedings in ejectment instituted by summons by the Dublin City Council.

  3. (1) Applications for the temporary transfer of licences, special exemption orders, restaurant certificates, certificates for the grant of wholesale beer dealers' licences and occasional licences, public dance hall licences and authorisations under section 21 of the Intoxicating Liquor (General) Act 1924, as amended by s. 8 of the 1962 Act and s. 23 of the 2003 Act and the Courts (No. 2) Act 1986 for the supply of excisable liquors in registered clubs, game dealers’ licences and all other licensing applications not hereinbefore specified.

    (2) The Annual Licensing District Court for the hearing of applications for certificates of transfer, certificates of character by licensed vintners, spirit grocers, wholesale and retail beer dealers, for general exemption orders, restaurant certificates and for public dance hall licences.

    (3) The Licensing District Court for the hearing of applications for certificates of character by licensed pawnbrokers.

    (4) The Licensing District Court for the grant of certificates to applicants for moneylenders’ licences.

    (5) The Licensing District Court for the grant of general dealers’ licences.

    (6) Appeals under the Betting Act 1931, jurisdiction to hear which is conferred on the District Court under the said Act.

    (7) Applications for renewal of certificates of registration of clubs, objections to such applications, complaints under section 9(1) of the Registration of Clubs (Ireland) Act 1904, as amended by the Intoxicating Liquor Act 1988, cancellation of certificates of registration of clubs under section 9(2) and the making and cancellation of an order under section 9(3) of the said Act.

    (8) Applications for certificates of Qualification under the Auctioneers and House Agents Act 1947/1967/1973.

    (9) Applications under the Gaming and Lotteries Acts 1956 - 2003.

  4. (1) Applications and proceedings under section 8 of the Enforcement of Court Orders Act 1940, as amended by section 5(4) of the Courts (No. 2) Act 1986 and s.2(2)(a) of the Enforcement of Court Orders (Amendment) Act 2009;  Part II and Part III of the Guardianship of Infants Act 1964;  the Maintenance Orders Act 1974; the Family Law (Maintenance of Spouses and Children) Act 1976; the Family Home Protection Act 1976; the Family Law (Protection of Spouses and Children) Act 1976; the Family Law Act 1981; the Status of Children Act 1987; Social Welfare Act 1993; Family Law Act 1995; Domestic Violence Act 1996; Children Act 1997.

    (2) Sanitary and dangerous buildings summonses and complaints consequent on defaults in compliance with orders made on sanitary summonses.

    (3) Applications by Public Assistance Authorities to recover the costs of (a) public assistance;  (b) general assistance, under the provisions of section 29 of the Public Assistance Act 1939, as a mended by section  222 of the Social Welfare  (Consolidation) Act 1981.

    (4) Complaints under section 16 of the Summary Jurisdiction (Ireland) Act, 1851 (i.e. complaints for recovery of wages, hireage and tuition fees), and under section 17(1) of the Summary Jurisdiction (Ireland) Act, 1851 (i.e. disputes at sales in fairs and markets).

    (5) Applications and proceedings under the Enforcement of Court Orders Act 1926/1940 and the Courts (No. 2) Act 1986.

    (6) Proceedings in relation to disputes or matters in respect of which jurisdiction is given by the Employers and Workmen Act 1875, to a Court of Summary Jurisdiction.

    (7) Claims under section 164, 167(1) and 167(2) of the Merchant Shipping Act 1894/1983.

    (8) Proceedings for the estreating of any recognizance which is entered into consequent on an order made in relation to the business mentioned in paragraphs A.D. and E. hereof and which is deposited with the Chief Clerk of the Dublin Metropolitan District Court.

    (9) Proceedings under the Malicious Injuries Act 1981/1986.

  5. All causes, matters and disputes, whether of a civil or criminal nature, within the jurisdiction of the District Court, not hereinbefore specifically mentioned or not specifically mentioned in appendix 1, Appendix 2 or Appendix 3.

 

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Page updated: 7 February 2017