Amendment to Order 16
S.I. No. 260 of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
1 These rules may be cited as the District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010.
2 These rules shall come into operation on the 1st day of July 2010 and shall be construed together with all other District Court Rules 1997 to 2010.
3. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:
(i) by the substitution for sub-rules (1) and (2) of rule 8 of Order 16 of the following sub-rules:
“8. (1) In this rule, the expressions “alert”, “Central Authority in the State”, “European arrest warrant”, “Framework Decision”, “judicial authority”, and “Member State” have the meanings given to each of them by the European Arrest Warrant Act 2003 (the “Act of 2003”).
(2). An application to the District Court by or on behalf of the Director of Public Prosecutions, for the issue of a European arrest warrant (constituting a request for entry of an alert) pursuant to section 33 of the Act of 2003 in respect of a person shall be made by information on oath and in writing to a Judge of the District Court sitting in the District Court which has issued the domestic warrant. Such information shall be in the Form 16.2, Schedule B. Such information shall include the particulars required by sub-rule (3). The Judge may issue a European arrest warrant:
(a) where the Judge is satisfied that—
(i) a domestic warrant has been issued for the arrest of that person but has not been executed, and
(ii) the person is not in the State, and
(i) the person would, if convicted, be liable to a term of imprisonment or detention of 12 months or more than 12 months, or
(ii) a term of imprisonment or detention of not less than 4 months has been imposed on the person in respect of the offence concerned and the person is required to serve all or part of that term of imprisonment or detention.”;
4. The Forms numbered 16.2, 18.2A, 18.2B, 27.9, 27.12, 28A.14, 28A.15 and 28A.16 in the Schedule are respectively substituted for the Forms bearing the like numbers in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997). The Form numbered 27.6B is deleted from Schedule B of the District Court Rules 1997.