District Court Rules
Schedule: B - Forms in criminal proceedings Form: 27.12 Warrant of committal (on non-compliance with an order under section 9(1)(i) or section 9(10)) - Bail Act 1997, section 9(12) (inserted by Criminal Justice (Miscellaneous Provisions) Act 2009, section 48)
S.I. No. 596 of 2014
27.12
Schedule B
O.27, r. 10
BAIL ACT 1997, Section 9(12)
(inserted by Criminal Justice (Miscellaneous Provisions) Act 2009, Section 48)
WARRANT OF COMMITTAL
(on non-compliance with an order under section 9(1)(i) or section 9(10))
District Court Area of
District No.
*Accused .......
of ..............
†Surety .......
of .............
*Case No: ........... .
*Fine No: ...........
*Charge Sheet/Summons: ...........
WHEREAS a recognisance was entered into on the ... day of ....... 20....
by the
*above-named accused in the sum of € .......
†above-named surety, ....... , in the sum of € ....... conditioned as therein set out
AND WHEREAS at a sitting of the District Court at ....... on the ....... day of ....... 20....,
*the said accused failed to appear in accordance with the said recognisance
*the said accused appeared before the Court in accordance with section 9(7) of the Bail Act 1997 and the Court was satisfied that the said accused had contravened a condition of the recognisance namely .......
And the Court made an order
under section 9(1)(i) of the Bail Act 1997 estreating the said recognisance in the amount of € ....... against ....... , the above-named
*accused, ....... /†surety ....... , and ordering that the said sum be paid by the said ....... within a period of ....... in default of payment a warrant for the committal of ....... to prison to be issued.
AND WHEREAS notice pursuant to section 9(9) of the Bail Act 1997 was given to the above-named *accused, ....... / †surety ....... , by ....... on the ....... day of ....... 20....of the making of the said order under section 9(1)(i) of the Bail Act 1997 and stating that an application to vary or discharge the order may be made to the Court within 21 days from the date of the issue of the notice.
*AND WHEREAS at a sitting of the District Court at ....... on the ....... day of ....... 20.... the Court made an order under section 9(10) of the Bail Act 1997 varying the said order of estreatment by ordering that the said recognisance be estreated in the amount of € ....... against ....... , the above-named
*accused, ....... / †surety ....... , and ordering that the said sum be paid by the said ....... within a period of ....... in default of payment a warrant for the committal of ....... to prison to be issued.
AND WHEREAS the said order made on the ....... day of ....... 20.... *(as varied on the .... day of ....... 20....) has not been complied with
THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ....... of ....... ....... and to lodge him/her in the prison at ....... ... to be imprisoned there for the period of ....... unless the said sum of € ....... be sooner paid.
Dated this ....... day of ....... 20....
Signed: ....... .....
Judge of the District Court
To the Superintendent of the Garda Síochána at ....... .....
*Delete where inapplicable
†applies only to a surety |