S.I. No. 158/1988 - District Court (Criminal Justice Act, 1984) Rules, 1988.

S.I. No. 158 of 1988.

DISTRICT COURT (CRIMINAL JUSTICE ACT, 1984) RULES, 1988.

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 Act, 1984 ) Rules, 1988.

2. These Rules shall come into operation on the 1st day of August, 1988 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 Act, 1984 (No. 22 of 1984);

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

4. ( a ) An application under section 8(7) of the Act for an order for the preservation of a photograph or a print shall be brought before the Court by the issue and service of a notice in the Form 1 in the Schedule hereto.

( b ) Such notice shall be served on the person who had been detained at least seven clear days before the date to which the notice is returnable, and shall be served in accordance with the provisions of the Principal Rules relating to the service of summonses.

( c ) The original notice, together with statutory declaration as to service, shall be lodged with the district court clerk at least four days before the return date.

( d ) The order of the Court granting the application shall be in the Form 2 in the Schedule hereto.

5. ( a ) An application under section 10 of the Act for an order to arrest shall be by information on oath and in writing in the Form 1 in the Schedule of Forms annexed to the Principal Rules, with suitable modifications, which information shall be made by a member of the Garda Siochana not below the rank of superintendent.

( b ) The order of the Court granting the application shall be in the Form 3 in the Schedule hereto.

SCHEDULE

CRIMINAL JUSTICE ACT, 1984 .

section 8(7)

NOTICE OF APPLICATION

WHEREAS the above-named respondent was on the   day of  19 , arrested by    of the Garda Siochana at ......................... *(in the court area and district aforesaid) on suspicion of having committed *(in the court area and district aforesaid) an offence to which section 4 of the above Act applies, namely,

AND WHEREAS he was taken to and detained in ................................... Garda Siochana station, and while so detained

*(he was photographed)

*(his fingerprints/palm prints were taken)

pursuant to section 6 of the said Act,

AND WHEREAS the destruction of the said *(photograph) *(prints) would require to be carried out on the   day of   19  ,

TAKE NOTICE that the above applicant will apply to the District Court sitting at    on the day of 19 , at    a.m./p.m. for an order authorising the preservation of the said *(photograph) *(prints) for a period not exceeding six months, on the grounds that *(it) *(they) may be required for the purpose of further proceedings in relation to the offence.

Dated this   day of     19 .

To:

of

the above-named respondent

*Delete words inapplicable.

SCHEDULE

CRIMINAL JUSTICE ACT, 1984

section 8(7)

ORDER FOR PRESERVATION OF RECORDS

UPON HEARING an application by the applicant for an order pursuant to section 8(7) of the above Act authorising the preservation, for a period not exceeding six months, of *( a photograph) *(fingerprints/palm prints) of the above-named respondent taken at .......................................................... Garda Siochana station on   day of   19   , while he was detained there on suspicion of having committed an offence to which section 4 of the above Act applies, namely,

THE COURT being satisfied

1. that the destruction of the said * (photograph) * (prints) is required to be carried out on the    day of  19  ,

2. that notice of the application was duly served on the respondent, and

3. that the *(photograph) *(prints) may be required for the purpose of further proceedings in relation to the offence,

HEREBY ORDERS that the said *(photograph) *(prints) be preserved for the period of    from the date hereof.

Dated this    day of     19   ,

*Delete words inapplicable.

SCHEDULE

CRIMINAL JUSTICE ACT, 1984

section 10

ORDER TO ARREST

WHEREAS it appears from an information on oath and in writing sworn before me by................................ of the Garda Siochana (being not below the rank of superintendent) that the above-named person ............................................................ ............................................................ ...................... was at  a.m./p.m. on theday of     19   arrested by the above-named ............................................... of the Garda Siochana at ............................................................ ............................................................ ..... *(in the court area and district aforesaid) on suspicion of having committed *(in the court area and district aforesaid) an offence to which section 4 of the above Act applies, namely,

contrary to        , and it further appearing that he was taken to and detained in ............................................................ .................................. Garda Siochana station, and that he was, at  a.m./p.m. on the     day of    19   released in accordance with the provisions of section 4 of the Criminal Justice Act, 1984 without any charge having been made against him,

AND WHEREAS I am satisfied from the said sworn information that further information has come to the knowledge of the Garda Siochana since that person's release as to his suspected participation in *(the said offence) *(the following offence, namely,             ) for which his arrest is now sought,

THIS IS TO AUTHORISE YOU to whom this order is addressed to arrest the said person ............................................................ ........................................... of ......................................................... in accordance with the provisions of section 10 of the Criminal Justice Act 1984 for the said last-mentioned offence.

Dated this   day of         19   

To the Superintendent of the Garda Siochana

*Delete words inapplicable.

GIVEN this 27th day of May, 1988.

I concur in the making of the foregoing Rules.

DATED this 7th day of July, 1988.

GERARD COLLINS,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 1st August, 1988, prescribe procedures for applications made to the District Court under sections 8 (7) and 10 of the Criminal Justice Act, 1984 . The relevant sections are concerned with the preservation of photographs and finger and palm prints and the re-arrest of persons previously detained under section 4 of the Act.