Amendment to Order 37

S.I. No. 567 of 2016: District Court (Criminal Justice (Forensic Evidence and DNA Database System) Act 2014) Rules 2016

1. (1) These Rules, which shall come into operation on the 22nd day of December, 2016, may be cited as the District Court (Criminal Justice (Forensic Evidence and DNA Database System) Act 2014) Rules 2016.

(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2016.

2. Proceedings begun in the District Court under the Criminal Justice (Forensic Evidence) Act 1990 before the coming into operation of section 6 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 may be continued and completed as if these Rules had not come into operation.

3. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:

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(ii) by the insertion in Order 37 immediately following rule 14 of the following rule:


“Criminal Justice (Mutual Assistance) Act 2008 and the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

15. (1) In this rule:

the “Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008);

the “Act of 2014” means the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11 of 2014);

the expression “intimate sample” has the same meaning as in section 2(1) of the Act of 2014.

(2) An application for an order authorising the taking of an intimate sample from a child in the circumstances mentioned in section 17(1) of the Act of 2014 may be made to the Children Court by information on oath and in writing of the applicant in the Form 37.41, Schedule B.

(3) Where the person to whom the application relates is a child (including a child who is a protected person), an application for any other order under the Act of 2014, for an order under section 79B of the Act of 2008 (inserted by section 134 of the Act of 2014) or for an order under section 50A(6) of the International Criminal Court Act 2006 (inserted by section 140 of the Act of 2014) may be made to the Children Court by information on oath and in writing of the applicant in the Form 31.12, Schedule B, with the necessary modifications, and the procedure set out in Order 31 shall apply, with such modifications as are necessary.

(4) An information sworn for the purposes of section 17(1) of the Act of 2014 shall include details of (as the case may be):

(i) the facts grounding the matters mentioned in section 17(4)(a)to(e) of the Act of 2014;

(ii) the facts which establish that one of the conditions specified in section 17(1) of the Act of 2014 is satisfied, and

(iii) the means by which and time at which, the child concerned and any parent or guardian of that child (other than a parent or guardian to whom section 15(2) of the Act of 2014 applies), was informed of the intention to make the application (including the time and place at which it was intended to make the application), and

(iv) the rank of the applicant.

(5) Any application under section 17(3) of the Act of 2014 may be made viva voce at the hearing and shall be determined before consideration of the application under section 17(1) of the Act of 2014.

(6) Any application under section 17(7) of the Act of 2014 may be made viva voce at the hearing of the application under section 17(1) of the Act of 2014 and a warrant issued on foot of such application shall be in the Form 37.42, Schedule B.

(7) Where the Court considers it necessary, it may adjourn the hearing of the application and direct a further notification to a parent or guardian of the child concerned.

(8) Where the person to whom the appeal relates is a child (including a child who is a protected person), an appeal under section 81(11) or section 83(9) of the Act of 2014 may be made to the Children Court by notice of appeal in the Form 31.1A or 31.1B, Schedule B, as appropriate, with the necessary modifications, and the procedure set out in Order 31 shall apply, with such modifications as are necessary.

(9) The provisions of Order 31 rules 9 and 10 shall apply to any other applications to the Court, under the Act of 2008 or the Act of 2014, save an application under section 17 of the Act of 2014, or where the person to whom the application relates is a child (including a child who is a protected person).”

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