Amendment to Order 101
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.
9. Order 101 of the District Court Rules 1997 (S.I. No. 93 of 1997) is hereby amended by the substitution for rule 4 of the following:
“4. Subject to the provisions of Order 12, rule 20, where a person is desirous of appealing in criminal proceedings or in a case of an order for committal to prison under the Enforcement of Court Orders Acts 1926 and 1940, a recognisance for the purpose of appeal shall be fixed by the Court. The amount (if any) of the recognisance in which the appellant and the surety or sureties, if any, are to be bound shall be fixed by the Court and where an amount is so fixed, it shall be of such reasonable amount as the Court shall see fit. An application to the Court to fix the amount of a recognisance may be made ex parte. A sum of money equivalent to the amount (if any) conditioned by the recognisance may be accepted in lieu of a surety or sureties. The recognisance shall be in accordance with the Form 18.4, Schedule B, and shall be entered into within the fourteen day period fixed by rule 1 of this Order.”
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.