S.I. No. 545/2006 - District Court (Public Order) Rules 2006

SI No.545 of 2006

District Court (Public Order) Rules 2006

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 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1 These rules may be cited as the District Court (Public Order) Rules 2006.

2 These rules shall come into operation on the 20^th day of November 2006 and shall be read together with all other District Court rules for the time being in force.

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

(i) by the insertion in Order 23, immediately after rule 12 thereof, of the following:

“13. Where the Court makes an order under section 3 of the Criminal Justice (Public Order) Act 2003 , the order shall be in the Form 23.2, Schedule B. The Clerk shall send a copy of such order by ordinary prepaid post to the person who has been convicted at his or her last known or most usual place of abode, and to any other person the Court directs be given a copy of such order.”

(ii) by the insertion immediately after Order 96A thereof, of the following:

“Order 96B

Closure Orders under the Criminal Justice (Public Order) Act 2003

1 In this Order:

“the Act” means the Criminal Justice (Public Order) Act 2003 (No. 16 of 2003);

“closure order” has the meaning given to it by the Act.

2 An application pursuant to section 4 of the Act for a closure order may be made at any sitting of the Court for the court district in which:

(i) in the case of a food stall or food vehicle, the stall or vehicle is used for the sale of food or is kept when not being so used, or

(ii) in the case of any other catering premises, the catering premises are situated.

3 Notice of an application for a closure order shall be in the Form 96B.1, Schedule C and there shall be attached to such notice a copy of the notice in writing which was served in accordance with section 4(2) of the Act. A copy of the notice of application shall be served upon the licensee or manager of the catering premises concerned not later than seven days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The Court may adjourn the hearing of such application and direct service of notice of the application upon such persons as the Court may direct. A closure order shall be in the Form 96B.2, Schedule C.

4 An application pursuant to section 7 of the Act for an order extending a closure order may be made at any sitting of the Court for the court district in which the closure order was made. Save where the Court otherwise directs or permits, such an application shall be preceded by the issue of a notice of application in the Form 96B.3, Schedule C. A copy of the notice of application shall be served upon the licensee or manager of the catering premises concerned not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. Where the Court makes an order extending the closure order, including where the Court makes any variation in the terms of the closure order, the period of such extension and the terms of any such variation may be indorsed upon the closure order and re-signed by the Judge.”

4 The Form numbered 23.2 in the Schedule hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 ( S.I. No. 93 of 1997 ). The Forms numbered 96B.1, 96B.2 and 96B.3 in the Schedule hereof shall be added to the Forms in Schedule C of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

Schedule

Schedule B

O. 23, r. 13

No. 23.2

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2003

Section 3

EXCLUSION ORDER

^* District Court Area of

^* District No.

^* Dublin Metropolitan District

.................................................................................................Prosecutor

.................................................................................................Accused

WHEREAS the above-named accused of ..............., was on the ......day of ...............20.... convicted of an offence under section ^* 4 ^* 5 ^* 6 ^* 7 ^* 8 ^* 9 of the Criminal Justice (Public Order) Act 1994 .

THE COURT HEREBY ORDERS pursuant to section 3 of the above mentioned Act of 2003 that the said accused be prohibited from ^* entering ^* being in the vicinity of catering premises (within the meaning of the said Act of 2003) specified in this order, namely ............................ at ........................................................................ between the times of ............... a.m./p.m. and .............................. a.m./p.m. during the period (being a period not exceeding twelve months) of ........................, commencing on

^* the date of the accused's release from prison ^* the date of this order (provided that, if appeal is made from this order, the said period shall not commence until the date upon which this order is affirmed).

Dated this ......... day of ........................ 20.........

Signed ....................................

Judge of the District Court

To: ........................

Of ........................, the above-named accused

^* To: Governor /Person in charge at

......................................

^* And to:

Schedule C

O. 96B, r. 3

No. 96B.1

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2003

Section 4

NOTICE OF APPLICATION FOR CLOSURE ORDER

^* District Court Area of

^* District No.

^* Dublin Metropolitan District

......................................................................................................................Applicant

......................................................................................................................Respondent

TAKE NOTICE that the above-named applicant, a member of the Garda Síochána not below the rank of inspector stationed at ................................................................will apply to the District Court sitting at....................................................on the ........day of..............200......at .............a.m./p.m. under section 4 of the above-mentioned Act for a closure order under section 5 of the said Act in respect of a catering premises (within the meaning of the above-named Act) namely, ....................at.......................in the court area and district aforesaid, on the grounds that in my opinion—

^* there has been disorder either on the said premises or in the vicinity of, and involving persons who were on, the said premises, or

^* noise emanating from the said premises, or emanating from the vicinity of the said premises and caused by persons who were on the said premises, has been so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to persons in that vicinity, and

such disorder or noise is likely to recur.

A notice in writing for the purposes of section 4(2) of the Criminal Justice (Public Order) Act 2003 was served on you by....................................on the .....day of .................20... A copy of that said notice in writing is attached.

Dated this day of 20

Signed........................................

Applicant

To District Court Clerk

District Court Office

At........................

To the Respondent

At........................

Schedule C

O. 96B, r. 3

No. 96B.2

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2003

Section 5

CLOSURE ORDER

^* District Court Area of

^* District No.

^* Dublin Metropolitan District

......................................................................................................................Applicant

......................................................................................................................Respondent

WHEREAS UPON APPLICATION made to the Court today by the above-named applicant, a member of the Garda Síochána not below the rank of inspector stationed at......................., under section 4 of the above-mentioned Act, for a closure order under section 5 of the said Act in respect of a catering premises (within the meaning of the above-named Act) namely, ....................at............................in the court area and district aforesaid

THE COURT

BEING SATISFIED THAT a notice in writing for the purposes of section 4(2) of the Criminal Justice (Public Order) Act 2003 was served on the Respondent on the .....day of ..................20...

BEING SATISFIED THAT notice of the application was duly served

BEING SATISFIED THAT disorder or noise as referred to in subsection (1) of section 4 of the above-named Act has occurred and is likely to recur, and that the making of a closure order is necessary to prevent the recurrence of the disorder or noise

HEREBY ORDERS pursuant to section 5 of the said Act of 2003 that ^* the said catering premises/^* that part of the said catering premises comprising ................................... be closed

^* at the hour of.......a.m./p.m.

^* between the hours of ........a.m./p.m. and ........a.m./p.m.

^* on ................................................

^* for a period of .................. days, commencing on the day next following the date on which written notice of the making of this order is given by a member of the Garda Síochána to the licensee or manager of the catering premises concerned, whether by giving that person a copy of this order or otherwise.

^* THE COURT FURTHER ORDERS, having regard to the particular circumstances of the case, pursuant to section 5 (3) of the said Act of 2003 that the licensee of the said catering premises, namely ...............................of....................................... shall, before the .......day of ....................20... comply with the following requirements which are specified in this order in relation to the catering premises concerned,

namely...................................................................................................

..............................................................................................................

The grounds for the making of this order are:

..............................................................................................................

Dated this day of 20 .

Signed .....................................

Judge of the District Court

Schedule C

O. 96B, r. 4

No. 96B.3

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2003

Section 7

NOTICE OF APPLICATION FOR EXTENSION OF CLOSURE ORDER

^* District Court Area of

^* District No.

^* Dublin Metropolitan District

......................................................................................................................Applicant

......................................................................................................................Respondent

WHEREAS the District Court sitting at..........on the ......day of........... 20...... made a closure order under section 5 of the said Act in respect of a catering premises (within the meaning of the above-named Act) namely, ......................at............in the court area and district aforesaid, ordering that ^* the said catering premises/^* that part of the said catering premises comprising .................................. be closed

^* at the hour of.........a.m./p.m.

^* between the hours of ........a.m./p.m. and ........a.m./p.m

^* on .........................................................

^* for a period of ................. days.

TAKE NOTICE that the above-named applicant, a member of the Garda Síochána not below the rank of inspector stationed at............................,will apply to the District Court sitting at..................on the......day of..............20......at ........a.m./p.m. under section 7 of the above-mentioned Act for an order extending the said closure order

^* and for the following variations to the closure order, namely....................................

on the grounds that—

an order extending the closure order is necessary to prevent a recurrence of the disorder or noise concerned.

^* (insert any other grounds relied upon)

Dated this ..... day of ................... 20.....

Signed.........................................

Applicant

To District Court Clerk

At............................

To the Respondent

At............................

Given this 16^th day of October 2006

Miriam Malone	Chairperson
Uinsin Mac Gruairc
John P Brophy
Mary C Devins
Thomas E O'Donnell
Hugh O'Neill
Fiona Twomey
David Kelly
Noel A Doherty
Elizabeth Hughes	Secretary

I concur in the making of the foregoing rules

Dated this 23^rd day of October 2006

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules provide forms and procedures in relation to the Criminal Justice (Public Order) Act 2003 .

^*delete words inapplicable

^*delete if inapplicable