Amendment to Order 27
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.
7. Order 27 of the District Court Rules 1997 (S.I. No. 93 of 2001) is hereby amended—
(i) by the substitution for rule 2 of the following:
“2. (1) Rules 2 to 7 inclusive of this Order shall apply only in any case in which section 9 of the Bail Act 1997 does not apply.
(2) In any such case, an application for an order to estreat such recognisance or to forfeit such sum of money shall be made by a superintendent of the Garda Síochána and may be made at any subsequent sitting of the Court at which the order directing that the recognisance be entered into was made or before which the principal party was bound by the recognisance to appear.”
(ii) by the insertion immediately following rule 6(2) of the following:
“(3) Notwithstanding rule 2(1), this rule shall apply to any surety to a recognisance entered into pursuant to the Bail Act 1997.”;
(iii) by the substitution for rules 8, 9 and 10 of the following:
“8. Where the Court makes an order under section 9(2) of the Bail Act 1997, notice of the order in the Form 27.9 Schedule B shall be served on the accused and on any surety or sureties by prepaid ordinary post.
9. An application to vary or discharge an order made under section 9(2) of the Bail Act 1997 may be made within 21 days from the date of the issue of the notice, and shall be in the Form 27.10, Schedule B. Notice of the application shall be served on the prosecutor by prepaid ordinary post at least seven days before the hearing of the application. Any order varying or discharging an order under section 9(2) of the Bail Act 1997 shall be in the Form 27.11, Schedule B.
10. A warrant of committal under section 9(13) of the Bail Act 1997 shall be in the Form 27.12 Schedule B, and the period of imprisonment to be specified shall be identified in accordance with the table to Order 23, rule 7 as if such table were reproduced in this rule.”
10. The Forms in Schedule 1 hereof shall be substituted for the forms bearing the like numbers in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).
11. The Forms in Schedule 2 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).
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.