S.I. No. 327/1984 - District Court [Criminal Justice (Community Service) Act, 1983] Rules, 1984.

S.I. No. 327 of 1984.

DISTRICT COURT [CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983] RULES, 1984.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court—

1. These Rules may be cited as the District Court [ Criminal Justice (Community Service) Act, 1983 ] Rules, 1984.

2. These Rules shall come into operation on the 10th day of December, 1984, and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"the Act" means the Criminal Justice (Community Service) Act, 1983 (No. 23 of 1983);

"Form" means a form set out in the Schedule of Forms herein or such modification thereof as may be suitable;

"the Principal rules" means the District Court Rules, 1948 S.R. & O., 1947 (No. 431).

4. A community service order made by the Court under section 3 of the Act shall be in the Form 1.

5. A complaint under section 7 (4) of the Act shall be made by summons in the form provided in the Principal Rules, and an application under section 9, 10 (1) or 11 (1) of the Act. when made by a relevant officer, shall be by summons in the Form 2 in the Schedule of Forms herein.

6. A summons issued under these Rules shall be served on the offender by a member of An Garda Síochána in accordance with the provisions of the Principal Rules relating to the service of summonses.

7. An application under section 9, 10 (1) or 11 (1) of the Act, when made by the offender, shall be by notice in the Form 3 in the Schedule of Forms herein. A copy of the notice shall be given, or sent by ordinary post, to the relevant officer concerned at least seven days before the date fixed for the hearing.

8. The original of every summons and every notice of application served shall be lodged with the District Court Clerk at least four days before the date fixed for the hearing.

9. An order under section 10 of he Act shall be in the Form 4.

10. (i) Where the Court makes a community service order and the justice so making is not the justice assigned to the district of residence the District Court Clerk shall forthwith send a certified copy of the order by ordinary post to the latter justice.

(ii) Where the Court makes, or amends under section 10 (1) of the Act, a community service order, the District Court Clerk shall forthwith send two certified copies of the order or the order as so amended by ordinary post to the relevant officer specified therein.

SCHEDULE OF FORMS

General heading to be used on all forms:—

AN CHUIRT DUICHE ............................................................ .. THE DISTRICT COURT

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

section 3

COMMUNITY SERVICE ORDER

AND THE OFFENDER CONSENTING,

HEREBY ORDERS that the offender

(1) shall perform in accordance with the Act within one year of the date of this order unpaid work for    hours (being not less than 40 and no more than 240 hours);

(2) shall report to such person as (he) may from time to time be directed (to) by or on behalf of        the specified relevant officer;

(3) perform satisfactorily the unpaid work at such times as may be directed by or on behalf of such person;

(4) notify such person of any change of address.

*(AND FURTHER ORDERS that the hours of work specified herein shall be concurrent with/additional to the hours of work specified in the order of the       Court dated       .)

Unless revoked, this order shall remain in force until the offender has worked under it for the number of hours specified in it.

*Delete where inapplicable.

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

section 9, 10(1), 11 (1)

SUMMONS BY A RELEVANT OFFICER

WHEREAS on the     day of   19       , a community service order was made by the         Court at         against you, the above-named offender,

THIS IS TO COMMAND YOU to appear at the sitting of the District Court at   on the  at  .m.   on the   hearing of an application by   ,the relevant officer ,         *to extend the period of one year specified in the order for the performance of work to

*to amend the order by substituting district court district no. as the district of residence.

*to revoke the order or to deal with you in some other manner for the offence in respect of which the order was made.

*Delete where inapplicable.

To

of

N.B. If you fail to appear on he hearing of this summons a warrant may be issued for your arrest.

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

section 9, 10(1), 11 (1)

NOTICE OF APPLICATION

and

WHEREAS on the       day of   19  , a community service order was made by the      Court at    against the applicant,

TAKE NOTICE that the applicant will apply to the District Court sitting at    on the    for an order

*extending the period of one year specified in the order for the performance of work to

*amending the order by substituting district court district no. as the district of residence.

*Revoking the order or that the applicant may be dealt with in some other manner for the offence in respect of which the order was made.

*Delete where inapplicable.

To

of

A Relevant Officer

and to

The District Court Clerk,

at

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

Order under section 10

WHEREAS a community serice order was made by the     Court    at    on  in respect of the above-named offender and is in force.

AND the Court is satisfied on the application of the offender/a relevant officer that the offender proposes to change/has changed his residence to district court district no.

AND it appearing to the Court that arrangements can be made in that district for the offender to perform work under the order,

NOW IT IS ORDERED that the order be amended by substituting district court district no.     as the district of residence.

GIVEN this 30th day of November, 1984.

T.F. Donnelly Chairman

M. Cyril Maguire

William A. Tormey

John P. Clifford

Seán McMullin

Gerard A. Lee

Séamus S. Ó Cathasaigh Secretary

I concur in the making of the foregoing Rules.

Dated this 7th day of December, 1984.

MICHAEL NOONAN,

Minister for Justice.