Amendment to Order 18
S.I. No. 41 of 2008: District Court (Criminal Justice Act 2007) Rules 2008
1 These rules may be cited as the District Court (Criminal Justice Act 2007) Rules 2008.
2 These rules shall come into operation on the 19 day of March 2008 and shall be read together with all other District Court Rules for the time being in force.
6. Order 18 of the District Court Rules 1997 (S.I. No. 93 of 1997) is hereby amended—
(i) by the substitution for rule 1 of the following:
“1. Subject to rule 2, a Judge shall admit to bail a person charged before him or her with an offence if it appears to that Judge in accordance with the Criminal Procedure Act 1967 and Bail Act 1997 to be a case in which bail ought to be allowed and if such person is granted bail, the Judge shall determine the amount (if any) conditioned by such bail and whether the bail shall be with or without a surety or sureties, the amount (if any) in which each surety (if any) shall be bound, and any other conditions of bail. The provisions of this Order which relate to the payment of money or the giving of security shall not apply where bail is allowed otherwise than conditioned on an amount of money.”
(ii) by the substitution for rule 5(1) of the following:
“5. (1) Where a court admits a person who is in custody to bail the person shall not be released until there has been paid into court such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court has determined.”
(iii) by the substitution for rule 5(3) of the following:
“ (3) Where a court decides to admit a person to bail with one or more sureties it may direct that a sum of money equivalent to the amount of bail be accepted in lieu of such surety or sureties. Such sum is additional to any amount specified in accordance with rule 1. Where under the Criminal Procedure Act 1967 or the Bail Act 1997 any moneys are required to be paid into Court under a recognisance by a person in custody, or by any surety or sureties as a condition of that recognisance, or any security accepted in the court in lieu of such payment is required to be lodged in Court, such moneys so payable or such security so accepted by the Court shall be deemed to be paid into Court or lodged in Court when paid to or lodged with the Governor or a prison officer designated in accordance with section 22(3) of the Criminal Procedure Act 1967 of the prison in which the person is in custody, for and on behalf of the District Court Clerk for the District Court Area in which the order admitting to bail was made.”
(iv) by the substitution for rule 5(4) of the following:
“ (4) On lodgement of the required sums or security with—
(a) the clerk of the court area in which the order admitting to bail was made, or
(b) the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act 1967 of the prison wherein the accused is in custody, payment of which money or security to whom shall be deemed to be a payment into court,
and on completion of the recognisance in the Form 18.1, 18.2 or 18.3 as appropriate, the person shall be released if he or she is in custody for no other cause than the offence in respect of which bail is granted.”,
(v) by the substitution in each of rules 5(5), 7, 8, and 9 for “Governor” of “Governor or prison officer designated in accordance with section 22 of the Criminal Procedure Act 1967”,
(vi) by the substitution for rules 10 and 11 of the following:
“10. (1) Where a person charged with an offence is admitted to bail by a court and—
(a) he or she is discharged in relation to that offence,
(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or
(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty,
and if all of the conditions of any recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order (Form 18.6) discharging the recognisance, directing that the amount of any moneys paid into court by any person in connection therewith shall be repaid to the person, discharging any order made under section 5(2) of the Bail Act 1997 and releasing any security accepted by the court under that subsection.
(2) Where the Court makes an order discharging a direction under section 5(2)(b) of the Bail Act 1997, the clerk shall serve a copy of said order in the Form 18.10 by prepaid ordinary post on the relevant bank, building society or credit union or An Post.
11. Where a recognisance is not perfected forthwith the Judge may certify on the committal warrant a consent to such person being bailed, stating the amount (if any) of bail required.”,
(vii) by the substitution for each of the words “a Peace Commissioner at the prison or other place” in rule 13, the words “a Peace Commissioner attending at such prison” in rule 14, the words “a Peace Commissioner at a prison” in rule 15, and the words “a Peace Commissioner” in rule 16 of the words “a Judge, a District Court Clerk, a peace commissioner designated in accordance with section 22 of the Criminal Procedure Act 1967, the Governor or a prison officer designated in accordance with section 22 of the Criminal Procedure Act 1967 of the prison”, and
(viii) by the substitution for the words “a Judge or Peace Commissioner having jurisdiction in the place where the proposed surety resides” in rule 14, of the words “a Judge, peace commissioner or District Court Clerk”
12. The Forms 17.10, Schedule B and 101.4, 101.5 and 101.6 in Schedule D of the District Court Rules 1997 (S.I. No. 93 of 1997) are hereby deleted.