District Court Rules
Schedule: B - Forms in criminal proceedings Form: 27.9 Order of Estreatment / Forfeiture of Bail Moneys - Bail Act 1997 Section 9(9) (inserted by Criminal Justice (Miscellaneous Provisions) Act 2009, section 48)
S.I. No. 260 of 2010
No. 27.9
Schedule B
O.27, r. 8
BAIL ACT 1997 Section 9(9) (inserted by Criminal Justice (Miscellaneous Provisions) Act 2009, Section 48)
ORDER OF ESTREATMENT / FORFEITURE OF BAIL MONEYS
District Court Area of
District No.
Accused ..................... of ...........................
†Surety ....................... of ..........................
*Case No:..............
*Fine No: .............
*Charge Sheet/Summons: .................
At a sitting of the District Court at ............ on the ....... day of ........ 20 ....... the Court, in accordance with section 9(1) of the Bail Act 1997 (inserted by section 48 of the Criminal Justice (Miscellaneous Provisions) Act 2009) ordered that the recognisance entered into by you as *accused/†surety on the ...... day of ........... 20....... be estreated as *you/†the accused failed to comply with the conditions of the said recognisance.
The effect of this order is that:
*(i) an estreatment order has been made against
*you the accused in the sum of €.......... to be paid within a period of ............
†you the surety ......... in the sum of € .......... to be paid within a period of ..........
Payment by you on foot of this order of estreatment should be made to the District Court Clerk at the address below. Cheques, postal orders, or money orders should be crossed and made payable to the said Clerk.
IF YOU FAIL TO PAY THE SAID SUM WITHIN THE PERIOD SPECIFIED A WARRANT FOR YOUR COMMITTAL TO PRISON IN DEFAULT OF PAYMENT WILL BE ISSUED WITHOUT FURTHER NOTICE TO YOU.
*(ii) the sum of € ........ paid into court by
*you the accused be forfeited in the amount of € ............
†you the surety be forfeited in the amount of € ............
*(iii) a *bank *building society *credit union *An Post deposit book having been accepted as security for the amount of the recognisance, the said *bank *building society *credit union *An Post is required to pay into court the amount of € ....... from the moneys held by you on deposit therein.
*(iv) ............... of .......... is appointed receiver to take possession or control of your property and to manage or otherwise deal with it in accordance with the directions of the court.
An application to vary or discharge this Order may be made to the court within 21 days from the date of issue of this notice.
Dated this .... day of ......... 20 ....
Signed .....................
District Court Clerk
District Court Office at ..................
To ....................., *Accused/†Surety
of .......................
*delete where inapplicable
†applies only to a surety.
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