S.I. No. 498/2008 - District Court (Bench Warrants) Rules 2008


S.I. No. 498 of 2008

DISTRICT COURT (BENCH WARRANTS) RULES 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th December, 2008.

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.

Dated this 15 day of September 2008.

Miriam Malone Chairperson

Uinsin Mac Gruairc

Mary C Devins

Thomas E O’Donnell

Brian Sheridan

Roy Pearson

Noel A Doherty

Elizabeth Hughes Secretary

I concur in the making of the following rules of court.

Dated this 30 day of November 2008

DERMOT AHERN

Minister for Justice, Equality and Law Reform

S.I. No. 498 of 2008

DISTRICT COURT (BENCH WARRANTS) RULES 2008

1. These rules may be cited as the District Court (Bench Warrants) Rules 2008.

2. These rules shall come into operation on the 29th day of December 2008 and shall be construed together with the District Court Rules 1997 to 2008.

3. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended by the insertion in Order 22, immediately following rule 4, of the following:

“5. A single warrant may be issued under this Order in respect of several failures to appear referred to in rules 1 and 2. Any [such] warrant issued under this Order shall contain, either in the body thereof, or attached thereto, sufficient particulars to identify the failure or failures to appear referred to in rules 1 and 2.”

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be legal interpretation)

These Rules amend Order 22 of the District Court Rules to allow the particulars of all offences and/or complaints together with particulars of recognisances which have been breached to be contained in a bench warrant, either in the body thereof or attached thereto.