District Court Rules
Schedule: B - Forms in criminal proceedings Form: 28A.16 Order Making Determination As To Revocation Of Suspension Of Sentence And Remanding In Custody Or On Bail - Criminal Justice Act 2006, section 99(10) and section 99(10A) (as amended by section 60, Criminal Justice Act 2007)
S.I. No. 260 of 2010
No. 28A.16
SCHEDULE B
O.28A, r.8
CRIMINAL JUSTICE ACT 2006, SECTION 99(10) AND SECTION 99(10A)
(as amended by section 60, Criminal Justice Act 2007)
ORDER MAKING DETERMINATION AS TO REVOCATION OF SUSPENSION OF SENTENCE AND REMANDING IN CUSTODY OR ON BAIL
District Court Area of
District No.
........................... Prosecutor
........................... Accused
WHEREAS the above-named accused was remanded by Order of the .......... Court dated ....... day of ............ 20...... to the sitting of this Court on the ......... day of ............. 20......
AND upon reading the said Order of the ............ Court from which it appears that the accused was convicted before the .......... Court on the ....... day of ........... 20...... and that such conviction occurred during the period of suspension of a sentence of [insert period of sentence] imposed by this Court on the ....... day of ........ 20....... in the above-entitled proceedings and that such conviction was in respect of an offence committed after the making of this Court’s order suspending the sentence
THE COURT HEREBY ORDERS in accordance with section 99(10) of the above-mentioned Act that the suspension of the sentence of this Court aforementioned
*be revoked and that the accused shall serve *the entire *[insert part of sentence period as determined by Court] of the period of imprisonment originally imposed by this Court‡
*shall not be revoked
AND THE COURT FURTHER ORDERS in accordance with section 99(10A) of the abovementioned Act that the accused be remanded *in custody *on conditional release as set out hereunder, to appear before
the *next *present sitting of the ............ Court at..........,
*the sitting of the District Court at [if in Dublin Metropolitan District, specify Court No. If outside Dublin Metropolitan District, specify District and Area] ........ on the ..... day of ............ 20... at ...... a.m./*p.m.
*AND THE COURT FURTHER ORDERS that until the said conditions of release are fulfilled the accused be detained in custody
Dated this ...... day of ................ 20.......
Signed ...........................
Judge of the District Court
To the Superintendent of the Garda Síochána
At ........................
†CONSENT TO AND CONDITIONS OF RELEASE
The Court hereby consents to the above named accused being conditionally released on his/her entering into a recognisance
*himself/herself in the sum of € ………. *(of which € ……. cash to be lodged)
*and one sufficient surety in the sum of € ………. (of which € ……….. cash to be lodged) or two sufficient sureties in the sum of € ……… each (of which € …… cash to be lodged by each)
*and to sign on daily/weekly at ……………… Garda station between ……… a.m. and …… p.m.
*and the Court further consents that in lieu of such surety or sureties lodgment of the sum of € ....... be accepted
*and [insert any other condition]
and the accused shall not commit an offence while so conditionally released
Dated this ...... day of ................... 20.......
Signed ..............................
Judge of the District Court
*Delete where inapplicable
†Delete where inapplicable
‡Note: In the event of revocation of the suspension, any period of the sentence already served in prison and any period spent in custody other than any period spent in custody in respect of the conviction arising during suspension of the sentence should be deducted from the period to be served: section 99(10) of the Criminal Justice Act 2006 (as amended by section 60, Criminal Justice Act 2007).
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