Amendment to Order 21
S.I. No. 94 of 2010: District Court (Criminal Justice (Mutual Assistance) Act 2008) Rules 2010
1. These rules may be cited as the District Court (Criminal Justice (Mutual Assistance) Act 2008) Rules 2010
2. These rules shall come into operation on the 5th day of April, 2010 and shall be construed together with the 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 the title of Order 21 of the following:
Attendance of Witnesses and Securing Evidence”;
(ii) by the insertion immediately following rule 2 of Order 21 of the following:
“3. (1) In this Order, “the Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008).
(2) An application to a Judge of the District Court to issue a letter of request under section 62(1), section 67(2), section 73(1) or section 77(1) of the Act of 2008 shall—
(a) where the application concerns proceedings already instituted against a person, be made, unless the Judge otherwise directs or permits, by notice of application in the Form 21.8, Schedule B, returnable to the date specified on the summons or the date on which the person charged is next scheduled to be before the District Court, and, unless the Judge otherwise directs or permits, the notice of application shall be lodged with the Clerk and a copy served on the prosecutor or the person charged, as the case may be, not later than two days before such date;
(b) in any other case, be made ex parte at any sitting of the Court by notice of application in the Form 21.8, Schedule B.
(3) The Judge may, before making an order on such an application, require the applicant to produce, or lodge with the Clerk, for consideration by the Judge a completed draft of the form of letter of request containing the information required by the Act of 2008 to be included in such letter.
(4) Where an order is made under this rule, the order may include such further provisions as the Judge of the District Court considers necessary or appropriate to facilitate the taking of any evidence concerned.
4. A certificate in accordance with section 58(1)(b) of the Act of 2008 shall be in the Form 21.9, Schedule B. Such certificate shall be issued by the Clerk on receipt of a letter from the Director of Public Prosecutions, or an officer or solicitor of the Director duly authorised in that behalf, requesting such certificate.
5. Every application for leave to issue and serve a document in accordance with section 80 of the Act of 2008 shall be made ex parte and be supported by oral evidence, and there shall be produced on such application a draft of the document proposed to be issued and served (which draft shall as to its contents be in compliance with section 80(4) of the Act of 2008) and any translation required under subsections (2) and (3) of section 80 of the Act of 2008. The application shall also be supported by evidence identifying the other state in which the person proposed to be served is believed to be, any information available to the applicant as to the whereabouts of the person intended to be served, and any other information necessary for enabling the Court to exercise its discretion in accordance with section 80.”;