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District Court Rules

Order: 38

Miscellaneous matters : S.I. No. 687 of 2005

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No38-S.I. No. 703 Of 2005: District Court (Taxes Consolidation Act 1997) (Amendment) Rules 2005
No38-S.I. No. 47 Of 2006: District Court (Criminal Justice Act 1994, Section 38) Rules 2006
No38-S.I. No. 653 Of 2011: District Court (Criminal Justice (Money Laundering And Terrorist Financing) Act 2010) Rules 2011


Power of Court in cases of variance, defects, omissions, no offence disclosed or no appearance

Variance between evidence and complaint
1. (1) Subject to the provisions of paragraph (3) hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same; nor shall any variance between the complaint and the evidence adduced in support thereof, as to the place in which the offence or cause of complaint is stated to have been committed or to have arisen, be deemed material, provided that the said offence or cause of complaint was committed or arose within the jurisdiction of the Judge by whom the case is being heard, or that, the accused resides or in the case of an offence was arrested within such jurisdiction. In any such case the Court may amend the summons, warrant or other document by which the proceedings were originated and proceed to hear and determine the matter.

Defects
(2) Subject to the provisions of paragraph (3) hereof, no objection shall be taken or allowed on the ground of a defect in substance or in form or an omission in the summons, warrant or other document by which the proceedings were originated, or of any variance between any such document and the evidence adduced on the part of the prosecutor at the hearing of the case in summary proceedings or at the examination of the witnesses during the preliminary examination of an indictable offence, but the Court may amend any such summons, warrant or other document, or proceed in the matter as though no such defect, omission or variance had existed.

Court’s discretion
(3) Provided, however, that if in the opinion of the Court the variance, defect or omission is one which has misled or prejudiced the accused or which might affect the merits of the case, it may refuse to make any such amendment and may dismiss the complaint either without prejudice to its being again made, or on the merits, as the Court thinks fit; or if it makes such amendment, it may upon such terms as it thinks fit adjourn the proceedings to any future day at the same time or at any other place.

No offence disclosed / No appearance
(4) Where the Court is of opinion that the complaint before it discloses no offence at law, or if neither the prosecutor nor accused appears, it may if it or thinks fit strike out the complaint with or without awarding costs.


Order to inspect and copy entries in Banker's Books

Application for - venue
2. (1) An application by a party to proceedings before the Court for an order under section 7 of the Bankers' Books Evidence Act, 1879 (42 & 43 Vict. Ch. 11) authorising that party to inspect and take copies of entries in a banker's books for any of the purposes of such proceedings may be made at any sitting of the Court for the Court district wherein the proceedings have been brought.

- notice of
(2) Such application shall be preceded by the issue of a notice in the Form 38.1, Schedule B, which shall be lodged with the Clerk prior to the making of the application.

Order of court
(3) The order of the Court granting the application shall be in the Form 38.2, Schedule B, which shall, unless the Court otherwise directs, be served upon the relevant bank three clear days before the order is to be obeyed. Service may be effected by delivering a copy of the order to the office of the bank wherein the relevant records are kept.

Section 7A application venue
(4) An application to the District Court by a member of the Garda Síochána not below the rank of Superintendent under the provisions of section 7A of the Bankers' Books Evidence Act, 1879 (42 & 43 Vict. Ch.11) as inserted by section 131 Central Bank Act, 1989, and as amended by section 14 of the Disclosure of Certain Information for Taxation and Other Purposes Act, 1996, may be made at any sitting of the Court for the Court district wherein the offence in question is alleged to have been committed and may be heard otherwise than in public.

- Notice of
(5) Such application shall be preceded by the issue of a notice in the Form 38.10, Schedule B, which shall be lodged with the Clerk prior to the making of the application.

- Order
(6) The order of the Court granting the application shall be in the Form 38.11, Schedule B, which shall, unless the Court otherwise directs, be served upon the relevant bank three clear days before the order is to be obeyed. Service may be effected by delivering a copy of the order to the office of the bank wherein the relevant records are kept.


Procedure under Taxes Consolidation Act, 1997

Section 908A application venue
(7) An application by an authorised officer of the Revenue Commissioners under the provisions of section 908A of the Taxes Consolidation Act 1997 as inserted by section 207 of the Finance Act, 1999, and as amended by section 68 of the Finance Act, 2000 and by section 132 of the Finance Act, 2002 shall be by information on oath and in writing, in the Form 38.12, Schedule B, to the District Court Judge for the District Court District wherein the offence in question is alleged is being, has been or is or was about to be committed, or where the financial institution in respect of which the order is sought is located, and may be heard otherwise than in public.

- Order
(8) The order of the Court granting the application shall be in the Form 38.13, Schedule B, which shall, unless the Court otherwise directs, be served upon the relevant financial institution three clear days before the order is to be obeyed. Service may be effected by delivering a copy of the order to the office of the financial institution wherein the relevant books or records are kept.


Notice to Coroner of result of proceedings

3. At the conclusion of criminal proceedings in the District Court in relation to the death of a person the Clerk shall, pursuant to section 25(3) of the Coroners Act, 1962 (No. 9 of 1962), inform (in the Form 38.3, Schedule B) the coroner holding an inquest in relation to the death of the result of the proceedings.

Procedure under Criminal Justice Act, 1994

4. In rules 5 to 8 inclusive following, "the Act" means the Criminal Justice Act, 1994 (No.15 of 1994).

Authority to detain cash
5. An application to the Court for an order under the provisions of subsection (2) of section 38 of the Act authorising the detention of cash seized beyond forty-eight hours shall be made by sworn information of a member of the Garda Síochána or an officer of customs and excise in the Form 38.4, Schedule B. The order of the Court thereon shall be in the Form 38.5, Schedule B.

- Further detention of cash
6. (1) An application to the Court under the provision of subsection (3) of section 38 of the Act for an order authorising the further detention of cash seized shall be made by notice in the Form 38.6, Schedule B.

- Notice of application
(2) Notice of the application shall be served on any person to be affected by the order at least seven days before the date of hearing. A copy of the notice of application together with a statutory declaration as to service thereof shall be lodged with the Clerk at least forty-eight hours before the date of hearing.

Order
(3) The order of the Court on the application shall be in the Form 38.7, Schedule B.

Release
7. (1) An application to the Court under the provisions of subsection (5) of section 38 of the Act for an order directing the release of cash detained by virtue of the provisions of the said section shall be by notice in the Form 38.8, Schedule B.

Notice of application
(2) Notice of the application shall be served on the member of the Garda Síochána or officer of customs and excise on whose application the order for detention was made at least seven days before the date of hearing. A copy of the notice of application together with a statutory declaration as to service thereof shall be lodged with the Clerk at least forty-eight hours before the date of hearing.

- Order
(3) The order of the Court on the application shall be in the Form 38.9, Schedule B.

Venue
8. Applications to the Court under the Act may be brought, heard and determined before a Judge of the District Court at any sitting of the Court within such Judge's District.


Certificates under Sex Offenders Act, 2001

9. (1) A certificate for the purposes of section 14 of the Sex Offenders Act, 2001 shall be in the Form 38.14, Schedule B and shall be signed by a District Court clerk.

(2) An order imposing post-release supervision pursuant to section 29 of the Sex Offenders Act, 2001 may be in the Form 38.15 Schedule B and a copy of such Order shall be transmitted to the Governor of the Prison or person in charge of the other place of detention to which the accused is committed.


Procedure under Refugee Act, 1996

10. In Rules 11 to 15 inclusive following, “the Act” means the Refugee Act, 1996 (No. 17 of 1996)

Commitment to detention
11. Where a person who has been detained pursuant to subsection (8) or subsection (13) (a) of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district in which the person is being detained and is committed by the Court to a place of detention as provided for in subsection (10)(b)(i) or subsection (13)(b) or subsection (14)(a) as the case may be, of section 9 of the Act, the order of detention shall be in the Form 38.16, Schedule B.

Conditional release
12. Where a person who has been detained pursuant to subsection (8) or subsection (13)(a) of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district in which the person is being detained and is released pursuant to the provisions of subsection (10)(b)(ii) or subsection (13)(b) as the case may be, of section 9 of the Act, the order of release shall be in the Form 38.17, Schedule B.

Variation of conditional release
- application
- service
- order
13. Where a person has been released from detention on one of the conditions referred to in subsection (10)(b)(ii) of section 9 of the Act, an application in the Form 38.18, Schedule B, may be made pursuant to subsection (10)(d) or subsection (13)(b) of section 9 of the act, to a Judge of the District Court assigned to the District Court district in which the person resides, by the person, an immigration officer, or a member of the Garda Siochána to vary a condition on which the person was released. Such application may be served in the manner provided by Order 10 of these Rules and shall be served at least four clear days before the date for hearing the application. The original of the application shall be lodged with the Clerk at least forty eight hours before the date of hearing. The order of the Court on the application shall be in the Form 38.19, Schedule B.

Order of release
14. Where a person who has been detained pursuant to the provisions of section 9 of the Act is brought, under the provisions of subsection (10)(c) or subsection (13)(b) of section 9 of the Act before a Judge of the District Court assigned to the District Court district where the person is being detained and the Court orders the release of that person, the order of release shall be in the Form 38.20, Schedule B.

Order
15. Where a person detained pursuant to the provisions of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district where the person has been detained, the order of the Judge under the provisions of subsection (14)(b) of section 9 of the Act shall be in the Form 38.21, Schedule B.