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Court: Circuit
Topic: Remand
Category: Criminal

CC07 - Section 99, Criminal Justice Act, 2006, as amended by section 60, Criminal Justice Act, 2007

1. Section 99(1) of the Criminal Justice Act 2006 ('the 2006 Act') provides that where a person is sentenced to a term of imprisonment (other than a mandatory term) by a court in respect of an offence, that court ("the first court") may make an order suspending execution of the sentence in whole or in part, subject to the person entering into a recognisance to comply with the conditions of, or imposed in relation to the order.

2. Section 99(9) of the 2006 Act, as amended by section 60 of the Criminal Justice Act 2007 ('the 2007 Act'), provides that where a person to whom an order under subsection (1) of that section applies is, during the period of suspension of the sentence concerned, convicted of an offence, the court before which proceedings are brought for that offence ('the second court') shall, before imposing sentence, remand the person in custody or on bail to the next sitting of the first court.

3. Section 99(10) of the 2006 Act provides that the first court shall revoke the order suspending execution of sentence unless it considers that such revocation would be unjust in all the circumstances. The first court is then required to remand the convicted person in custody or on bail to the next sitting of the second court  to enable the second court to impose sentence: section 99(10A) of the 2006 Act, as inserted by section 60 of the 2007 Act.

4. Where the Circuit Court convicts a person to whom section 99(1) applies during the period of suspension of execution of sentence by the first court, the prosecution shall furnish the Circuit Court with written particulars of

(a) the date of the order of conviction by the first court and the venue, and Circuit or district concerned,

(b) the Bill or case number for the proceedings before the first court, and

(c) the date of the next sitting of the first court (where the first court is the District Court, specifying the court no. if in the Dublin Metropolitan District, and the District and Area if outside Dublin Metropolitan District).

5. The order in Form 1 - CC07 appended hereto shall be used where the Circuit Court convicts a person and remands such person in custody or on bail under section 99(9) of the 2006 Act. On the making of that order, the registrar of the remanding court shall deliver a certified copy of the order by post or otherwise to the registrar, county registrar or clerk (as the case may be) of the court to which the remand is made.

6. Where the Circuit Court remands a convicted person in custody under section 99(9) of the 2006 Act, the warrant in Part A of Form 2 - CC07 appended h ereto shall be used.

7. Where the Circuit Court remands a convicted person on bail under section 99(9) of the 2006 Act and a recognisance (if required by the Court) cannot be entered into immediately, the warrant in Part A of Form 2 - CC07 and the consent to and conditions of release in Part B of Form 2 - CC07 shall be used.

8. Where a person has been remanded under section 99(9) of the 2006 Act, the prosecution shall furnish the court to which the remand is made with written particulars of the date of the next sitting of the second court (where the second court is the District Court , specifying the court no. if in the Dublin Metropolitan District, and the District and Area if outside Dublin Metropolitan District).

9. The order in Form 3 - CC07  appended hereto shall be used where the Circuit Court makes an order determining whether or not a sentence is to be revoked under section 99(10) of the 2006 Act in respect of a convicted person and remands such person in custody or on bail under section 99(10A) of the 2006 Act. On the making by the Circuit Court of that order, the registrar of the remanding court shall deliver a certified copy of the order by post or otherwise to the registrar, county registrar or clerk (as the case may be) of the court to which the remand is made.

10. Where the Circuit Court remands a convicted person in custody under section 99(10A) of the 2006 Act, the warrant in Part A of Form 4 - CC07 appended hereto shall be used for the purpose of the remand. Where the Circuit Court has revoked the suspended sentence in whole or in part under section 99(10) of the 2006 Act, a warrant of committal in the usual form shall issue separately for that purpose.

11. Where the Circuit Court remands a convicted person on bail under section 99(10A) of the 2006 Act and a recognisance (if required by the Court) cannot be entered into immediately, the warrant in Part A of Form 4 - CC07 and the consent to and conditions of release in Part B of Form 4 - CC07 shall be used.

12. A bail recognisance entered into under subsection (9) or subsection (10A) of section 99 of the 2006 Act shall be in the Form 5 - CC07 appended hereto.

Dated this 14th day of January 2008
Matthew Deery
President of the Circuit Court