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District Court Rules

Schedule: B - Forms in criminal proceedings

Form: 18.2A Bail Recognisance - Bail Act 1997, sections 5 and 6 Criminal Justice Act 2006, section 99(9)

S.I. No. 260 of 2010

No. 18.2A


SCHEDULE B

O.18, r. 5(4), O.28A, r. 8(3)


BAIL ACT 1997, Sections 5 and 6

CRIMINAL JUSTICE ACT 2006, Section 99(9)

BAIL RECOGNISANCE


District Court Area of

District No.

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

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

Whereas the above-named accused was on the ......... day of .............. 20........ convicted by the ................. Court sitting at ................... in proceedings under record no. ..... of the offence of ................... and whereas the sentence imposed on the said accused was suspended by order of the said Court under section 99(1) of the Criminal Justice Act 2006

And whereas the said accused was on the ....... day of ............ 20........ convicted by this Court sitting at ................ of the offence of ................., on charge sheet ..............., being an offence committed after the making of the said order of the ................... Court under section 99(1), and the conviction by this Court of the accused of said offence occurred during the period of suspension of the sentence imposed by the ....................... Court

And whereas the said accused was remanded on bail under section 99(9) of the Criminal Justice Act 2006 to the next sitting of the said ...................... Court sitting at ............

I the above-named accused agree to be bound by and comply with the following conditions of this recognisance.
1 I the above-named accused shall not commit any offence while on bail.
*2 *I .................... of ......................... Accused *
and ................. of ........................... Surety *
and .................. of .................... Surety

*(severally) acknowledge myself/ourselves to owe the State the several sums following, that is to say

the said .................. the sum of € ................... and the said .................. the sum of € .............. and the said ................ the sum of € ...............

*This condition is required where a money or security condition is included in a bail bond
to the use of the Minister for Finance and pursuant to the direction of the Judge I/we have lodged the following sums the said ............... the sum of € ............... and the said .............. the sum of € ................... and the said .................. the sum of € ................
Or In lieu of surety/sureties I have pursuant to the direction of the Judge lodged the sum of € ..........
Or In lieu of the lodgement of cash in the sum of € ....... the Court has accepted the following instrument as security .............. from the said ............... *Insert details of any instrument accepted as security
And I/we further acknowledge that the said sums are liable to be forfeited or estreated as appropriate if I/the above-named accused fail(s) in any of the further conditions set out hereunder
*3 I the above-named accused shall appear before the *present/*next sitting of *[the Central Criminal Court] *[the Special Criminal Court] *[the Circuit Court for ................... for the disposal of criminal business] *[the District Court at ................ on the .... day of ......... 20 .... at .............*a.m. *p.m. for the disposal of criminal business] and will not depart from the said Court without leave and will attend there in person from day to day during the time the said Court shall be so held or any adjournment thereof for the purposes of the said Court making an order under section 99(10) of the Criminal Justice Act 2006.
*4 And .............................. *Insert here any further conditions imposed by the Court

Signed .................... Accused

*Signed .................... Surety

*Signed ..................... Surety

Acknowledged before me this ......... day of ................ 20....

Signed .......................

*Judge of the District Court

*District Court Clerk

*Peace Commissioner designated by order of the Minister for Justice and Law Reform *Governor of ........... prison

*Prison officer at .................. prison

designated in accordance with section 22(3) of the Criminal Procedure Act 1967 by the Governor of said prison.

The accused may apply to the Court at any time to have a condition of the recognisance varied or revoked.

*delete where inapplicable