Order 16

Issue Of Warrants Charging Offences

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

No16-S.I. No. 119 Of 2005: District Court (European Arrest Warrant) Rules, 2005
No16-S.I. No. 238 Of 2006: District Court (Order 16) Rules 2006
No16-S.I. No. 260 Of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010

1. (1) Where in the first instance a warrant is sought for the arrest of a person charging him or her with having committed an indictable offence, the complaint shall be made to a Judge and shall be made by information on oath and in writing (Form 15.3 Schedule B).
(2) Having received such complaint, the Judge may issue a warrant (Form 16.1 Schedule B) if the offence is stated to have been committed, or if such person resides, within the Judge's district.
(3) A Judge may issue such warrant whether the information has been sworn before him or her or before another Judge. Where the information has been sworn before another Judge, the duly completed information shall be produced to the Judge issuing the warrant.
(4) Any such information may be sworn and any such warrant may be issued or executed on any day and at any time.

Signing of warrants

2. (1) A warrant shall be signed by the Judge who issues it and no warrant shall be signed in blank.
(2) A warrant shall not be avoided by reason of the death of the Judge who signed it or by reason of his or her ceasing to hold office.

O.15, rr. 8 and 9 to apply to warrants

3. The provisions of Order 15, rules 8 and 9 of these Rules shall apply to warrants charging offences and those provisions shall be construed accordingly.

Summons in lieu of warrant, but warrant may issue at any time.

4. Having received a complaint to which rule 1 (1) of this Order relates, a Judge may issue a summons instead of a warrant notwithstanding that the complaint had been made by sworn information. A Judge who has issued such summons may at any time (the complaint having been made by sworn information) issue a warrant for the arrest of the person to whom the summons was directed.

Power to arrest without warrant — warrant may still issue

5. Where at common law or under any statute there is power to arrest a person without a warrant, a warrant for his or her arrest may be issued in accordance with the provisions of rule 1 of this Order.

Where suspect is within Judge's jurisdiction Judge may issue warrant

6. Where a complaint is made to a Judge that a person has committed or is believed to have committed, outside the jurisdiction of such Judge, any indictable offence and that such person is, or is suspected to be, within the limits of the jurisdiction of such Judge, the Judge may, upon the complaint being made on oath and in writing, issue a warrant (Form 16.1 Schedule B) for the arrest of the said person.

Binding over of informant

7. Where an information is made on oath and in writing, the Judge before whom it is made may, if he or she thinks fit, bind the informant by recognisance to appear at the Court where the person against whom the compliant was made is to be tried or the compliant is to be heard and at any adjournment thereof to give evidence in the matter of the said compliant.