S.I. No. 19/2016 - District Court (Fines) Rules 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th January, 2016.

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 , section 24 of the Interpretation Act 2005 , and section 7(10) of the Fines (Payment and Recovery) Act 2014 do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 30th day of November 2015.

Rosemary Horgan Chairperson

Mary C Devins

Brian Sheridan

Conal Gibbons

Anne Watkin

Fiona Twomey

Shane McCarthy

Grainne Larkin

Roy Pearson

Noel A Doherty

Michelle Johnston

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

Dated this 17th day of January 2016.

FRANCES FITZGERALD

Minister for Justice and Equality

S.I. No. 19 of 2016

DISTRICT COURT (FINES) RULES 2016

1. (1) These Rules, which may be cited as the District Court (Fines) Rules 2015, shall come into operation on the 18th day of January 2016.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2015.

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

(i) by the substitution for Order 23 of the Order set out in Schedule 1, and

(ii) by the substitution for rule 2 of Order 25 of the following rule:

“2.(1)In all cases of summary jurisdiction whenever an order has been made upon the conviction of any person of an offence under section 2(1) of the Courts (No. 2) Act 1986 or section 1 of the Criminal Justice Administration Act 1914 committing a person to prison, the Court may issue a warrant of committal to imprisonment (Form 25.5 or 25.6, Schedule B) forthwith or at any time not later than six months from the date on which the said order was made.

(2)In all cases of summary jurisdiction whenever an order has been made upon the conviction of any person of an offence for the performance of a condition and that condition has not been performed, the Court may, upon the application of the prosecutor, issue a warrant of committal to imprisonment for the non-performance of the condition (Form 25.7, Schedule B) at any time not later than six months from the expiration of the time fixed by the said order for the performance thereof.”.

3. (1) The Forms numbered 23.1 to 23.13 inclusive in Schedule 2 shall be substituted for the Forms numbered 23.1 to 23.7 inclusive in Schedule B of the District Court Rules 1997.

(2) The Form numbered 25.5 in Schedule 2 shall be substituted for the Form bearing the like number in Schedule B of the District Court Rules 1997.

(3) The Form numbered 30.1 in Schedule 2 shall be substituted for the Form bearing the like number in Schedule B of the District Court Rules 1997.

Schedule 1

“ORDER 23

TRIAL OF SUMMARY OFFENCES

I. APPLICATION AND INTERPRETATION

Application

1. (1) The provisions of this Order apply to any fine and to any penal sum referred to in section 1 of the Courts (No 2) Act 1991 or section 23 of the Petty Sessions (Ireland) Act 1851 and references in this Order to a “fine” include reference to any such penal sum.

(2) The provisions of this Order also apply to indictable offences being dealt with summarily.

Interpretation

2. In this Order:

the “2014 Act” means the Fines (Payment and Recovery) Act 2014 (No. 7 of 2014);

“employer” has the same meaning as in the 2014 Act;

a “permitted method of service” means a method of service permitted by section 21 of the 2014 Act.

II. APPEARANCES

Where accused appears and admits complaint

3. Where the accused, personally or by solicitor or counsel appears and admits the truth of the complaint made against him or her, the Court may if it sees no sufficient reason to the contrary, convict or make an order against him or her accordingly, but if the accused does not admit the truth of the complaint, the Court shall, subject to the provisions of rule 4, proceed to hear and determine the complaint.

Where accused does not appear

4. Subject to the provisions of Order 22, rule 3, where the accused is not present and is not represented to answer the complaint and, in the case of a summons it appears to the Court that the summons was duly served, the Court may proceed to deal with the complaint or may issue a warrant for the arrest of the accused.

Where prosecutor does not appear

5. Where the accused (or his or her representative) is present at the required time and place and the prosecutor (or his or her representative) is not present, the Court may strike out, dismiss without prejudice or adjourn the hearing of the complaint.

III. FINES

Matters to be considered in fixing amount

6. (1) Where the Court imposes a fine it shall, in fixing the amount of the fine take into consideration amongst other things the person’s financial circumstances in accordance with section 5 of the 2014 Act.

(2) Where the fined person is present at a hearing when a fine is imposed, the requirement of section 6(3) of the 2014 Act may be met by informing the person of the options available under section 6(1)(a) of the 2014 Act orally at that hearing.

(3) Where the Court issues a notice in writing under section 5(5) of the 2014 Act requiring a person to attend before the Court and provide the Court with such information as the Court may require in relation to his or her financial circumstances, the notice may be in the Form 23.1, Schedule B. The Clerk shall serve any such notice by ordinary post on the person convicted at the address at which the person convicted ordinarily resides or, in a case in which an address for service has been furnished to the Clerk, to that address, unless the Court otherwise directs.

Time for payment

7. (1) The Court may, subject to the availability to the accused person of the option under section 6(1)(a)(ii) of the 2014 Act, order that a fine shall be paid within such period, not less than 14 clear days, as it thinks fit to fix for the purpose, and if it fixes no period, the fine shall be paid within the period of 14 clear days from the date of the order, and on subsequent application by or on behalf of the accused, it may allow such further time for payment as it thinks fit.

(2) Where the Court is satisfied that the accused person is possessed of sufficient means to enable him or her to pay the penalty forthwith, or that the accused has no fixed abode within the jurisdiction, or if the accused, on being asked if he or she desires time for payment, does not express any such desire, or if for any special reason the Court expressly directs that no time shall be allowed for payment, it may in accordance with section 1 of the Criminal Justice Administration Act 1914 order that the penalty shall be paid forthwith, and where no time is allowed the reason therefor shall be stated in the warrant of committal.

Notice to fined person

8. (1) Where a fine has been imposed by the Court, there shall be issued by or on behalf of the Clerk a notice in the Form 23.2 Schedule B to the fined person stating that a fine has been imposed, the amount of the fine and the time within which the fine is to be paid. The notice shall inform the fined person of the option to pay by a single payment or by instalments, where allowed, in accordance with section 6 of the 2014 Act and of the consequences of failure to pay the fine by the due date for payment or, as the case may be, failure to pay a relevant instalment in the circumstances mentioned in section 7(3) of the 2014 Act, in accordance with section 7 of the 2014 Act. Any such notice shall be served by ordinary post on the person convicted at the address at which the person convicted ordinarily resides or, in a case in which an address for service has been furnished, at that address, unless the Court has otherwise directed.

(2) The failure to comply with the provisions of this rule, or any omission from or misstatement in the notice shall not in any way prejudice any subsequent proceedings in relation to the fine, or the issue by the Court of any warrant, save by order of the Court.

Notice to attend Court in default of payment

9. (1) The Clerk may at any time after the due date for payment issue a notice in the Form 23.3, Schedule B, for the purposes of section 7(4) of the 2014 Act requiring the fined person who has not paid the fine (or, as the case may be, a relevant instalment) by the due date for payment in accordance with the 2014 Act, requiring a fined person to appear before the Court at a date and time specified in the notice (in this Order, the “Court date”).

(2) The statement in writing of the financial circumstances of the fined person shall be in the Form 23.4, Schedule B.

Recovery orders

10. (1) An order appointing an approved person or sheriff to carry out the functions set out in section 8(1)(b) of the 2014 Act shall be in the Form 23.5, Schedule B.

(2) An application under section 8(6) of the 2014 Act to the Court by a receiver appointed under a recovery order made by the Court for directions in relation to the performance of his or her functions under the 2014 Act shall be preceded by the issue of a notice of application in the Form 23.6, Schedule B. The original notice shall be lodged with the Clerk not less than two days before the date fixed for hearing the application.

(3) The receiver shall produce on the hearing of the application a copy of the recovery order given to him or her by the Courts Service pursuant to section 8(2)(a) of the 2014 Act.

(4) The Court may adjourn an application under this rule and direct that notice of the application be given to the person in respect of whom the recovery order was made or to any other person.

(5) A notice by a receiver to the Court for the purposes of section 11(1) of the 2014 Act shall be in the Form 23.7, Schedule B and shall be lodged with the Clerk.

(6) On receipt of a notice for the purposes of section 11(1) of the 2014 Act the Clerk shall issue a notice directed to the fined person for the purposes of section 11(2) of the 2014 Act in the Form 23.3, Schedule B.

(7) The Clerk shall serve the notice issued under sub-rule (6) by ordinary post to the fined person at the address at which the fined person ordinarily resides or, in a case in which an address for service has been furnished to the Clerk, to that address, unless the Court has otherwise directed.

(8) A warrant issued in accordance with section 11(4)(a) of the 2014 Act on the failure of the fined person, without reasonable excuse, to appear before the Court as required by the notice issued under sub-rule (6) shall be in the Form 22.2, Schedule B with the necessary modifications.

Attachment orders

11. (1) Where the Court makes an attachment order in accordance with section 14(1) of the 2014 Act, the order of the Court shall be in accordance with Form 23.8, Schedule B.

(2) The Clerk shall cause the order to be served by registered pre-paid post to the employer’s residence or place of business, and shall cause a copy of the order to be served by ordinary post to the fined person at the address at which the fined person ordinarily resides or, in a case in which an address for service has been furnished to the Clerk, to that address unless the Court has otherwise directed.

(3) Where sums deducted by the employer are directed in accordance with the Court’s order to be paid to the Clerk, the Clerk shall issue a receipt for each payment made by any such employer.

(4) A notice under section 15(4), section 15(5) or section 15(6) of the 2014 Act may be by letter in writing and shall be addressed to the Clerk.

(5) Whenever the Clerk receives a notice under section 15(4), section 15(5) or section 15(6) of the 2014 Act, he may re-enter the matter before the Court. The Court may direct the Clerk to issue a notice requiring the fined person to attend at the further hearing. The terms of a variation order may be endorsed on a copy of the attachment order and re-signed by the Judge.

(6) The Clerk shall cause the variation order to be served on the employer and on the fined person in accordance with sub-rule (2).

(7) A notice under section 16(1) of the 2014 Act may be by letter in writing and shall be addressed to the Clerk.

(8) Whenever the Clerk receives a notice that the fined person has changed employment as referred to in section 16(1)(a)(ii)(I) of the 2014 Act, he may re-enter the matter before the Court. The Court may direct the Clerk to issue a notice requiring the fined person to attend at the further hearing. The new attachment order shall be in accordance with Form 23.8, Schedule B, with the necessary modifications.

(9) On receipt of a notice referred to in section 16(2)(a) or (b) of the 2014 Act or on the revocation of an attachment order under section 14(4)(b) of the 2014 Act, the Clerk shall, unless otherwise directed by the Court, issue a notice directed to the fined person for the purposes of section 16(3) of the 2014 Act in the Form 23.3, Schedule B.

(10) The Clerk shall serve the notice issued under sub-rule (9) by ordinary post to the fined person at the address at which the fined person ordinarily resides or, in a case in which an address for service has been furnished to the Clerk, to that address unless the court has otherwise directed.

(11) A warrant issued in accordance with section 16(5)(a) of the 2014 Act on the failure of the fined person, without reasonable excuse, to appear before the Court as required by the notice issued under sub-rule (9) shall be in the Form 22.2, Schedule B with the necessary modifications.

Community Service Order

12. Where the Court makes a community service order in accordance with the Criminal Justice (Community Service) Act 1983 as amended by section 19 of the 2014 Act, the order of the Court shall be in accordance with Form 30.1, Schedule B.

Imprisonment in default

13. (1) An order of imprisonment made in accordance with section 2(1) of the Courts (No. 2) Act 1986 , where the conditions of that section are met, at a sitting of the Court on the date specified in the notice concerned under section 7(4), section 11(2) or section 16(3) of the 2014 Act, shall be for a term not exceeding the appropriate period specified in the following table:

(2) Such imprisonment shall be terminated on payment of the balance then due of the fine, or shall be reduced on payment of part of the fine in accordance with the provisions of section 3 of the Criminal Justice Administration Act 1914 .

Payment of compensation

*14.Where any sum is awarded under the provisions of any Act as compensation for damage, or as the value of any article, or as the amount of any injury done, it shall be paid as compensation to the person aggrieved; but where the person aggrieved is unknown, such sum shall be applied and accounted for in the same way as any fine; and where several persons join in the commission of the same offence, and each is ordered to pay any such compensation, value or amount as aforesaid, not more than the amount of the damage or injury done or the value of the article shall be paid to the person aggrieved, and any further sum forfeited shall be applied and accounted for in the same way as any fine.

Appropriation of fines

15. It shall not be necessary for the Court, when imposing a fine, to make an order relating to the method of disposing of the fine in any case where provision is already made by law for the disposal thereof.

IV. PARTICULAR CASES

Order under section 3 of the Criminal Justice (Public Order) Act 2003

16. Where the Court makes an order under section 3 of the Criminal Justice (Public Order) Act 2003 , the order shall be in the Form 23.9, 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.

Orders under the Criminal Justice (Psychoactive Substances) Act 2010

17. (1) A closure order under section 10 of the Criminal Justice (Psychoactive Substances) Act 2010 shall be in the Form 23.10, Schedule B. The Clerk shall send a copy of such order by ordinary prepaid post:

(a) to the person who has been convicted, at his or her last known or most usual place of abode;

(b) to the owner or occupier of any place to which the order relates, at that place, and

(c) to any other person the Court directs in accordance with section 10(3)(c) of the Act of 2010 be given a copy of such order.

(2) An application to the Court pursuant to section 11 of the Criminal Justice (Psychoactive Substances) Act 2010 for an order varying or discharging a closure order may be made at any sitting of the Court for the court district in which are situated the premises to which the closure order relates. 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 23.11, Schedule B. A copy of the notice of application (with a copy of the closure order appended) shall be served upon the prosecutor in the proceedings in which the closure order was made and on any other relevant person mentioned in section 11 (3) of that Act not later than four days before the date fixed for the hearing of the application, and the original notice of application (with a copy of the closure order appended) 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 varying the closure order, the order shall be in the Form 23.12, Schedule B.

Notice under section 78 (2) of the Consumer Protection Act 2007

18. A written notice served by the accused on the prosecutor under and for the purposes of section 78 (2) of the Consumer Protection Act 2007 (No 19 of 2007) in any proceedings which may be determined by the Court shall be in the Form 23.13, Schedule B. A copy of the notice together with proof of service thereof shall be lodged with the Clerk.

* Petty Sessions (Ireland) Act, 1851 [s. 22 (7)].”

Schedule 2

No. 23.1

SCHEDULE B

O.23, r. 6(3)

FINES (PAYMENT AND RECOVERY) ACT 2014, Section 5(5)

NOTICE TO ATTEND COURT

(financial circumstances assessment)

District Court Area of District No.

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

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

To..

of

WHEREAS you the above-named accused were convicted by the District Court sitting at.on the day of ..20 of the offence of

TAKE NOTICE THAT the Court has made a direction requiring you to attend before the Court at the sitting of the District Court to be held at on the .. day of ...20 at .a.m./p.m., and to provide the Court with all such information as the Court may require in relation to your financial circumstances.

Your “financial circumstances” means—

(a) the amount of your annual income,

(b) the aggregate value of all property (real and personal) belonging to you,

(c) the aggregate amount of all your liabilities including any duty (moral or legal) to provide financially for members of your family or other persons,

(d) the aggregate of all monies owing to you, the dates upon which they fall due to be paid and the likelihood of their being paid, and

(e) such other circumstances as the Court considers appropriate.

You are advised to have with you in Court on the above date at the time specified all information and relevant documents concerning your financial circumstances as so defined in section 2 of the Fines (Payment and Recovery) Act 2014 , which would include, but are not limited to the following, where applicable:

(a) as regards your annual income, P60, current payslip, Social Welfare Services Card or equivalent documents from the Department of Social Protection;

(b) as regards the value of your property, current bank statement, bank deposit book, post office book, building society or credit union savings book for inspection, if you own a home and/or other premises, current mortgage statement;

(c) as regards your liabilities, details of your household outgoings, any amounts you pay to financially support members of your family or other persons, including Court maintenance orders;

(d) as regards money owing to you, details of the nature and the amount owing, (e.g. loans to family etc).

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

Signed

District Court Clerk assigned to the saidDistrict Court area

WARNING

IF YOU knowingly or recklessly make a statement (orally or in writing) in relation to your, or another person’s, financial circumstances that is false or misleading in any material respect to the Court discharging its function under section 5(2) of the Fines (Payment and Recovery) Act 2014 , or if you fail or refuse to comply with this notice, you shall be guilty of an offence and shall be liable on summary conviction to a Class B fine, being a fine not exceeding €4,000 or imprisonment for a term not exceeding 6 months or both.

No. 23.2

SCHEDULE B

O.23, r. 8(1)

NOTICE OF IMPOSITION OF FINE/PENALTY

Payment must be accompanied by this notice

.v. You.

*Prosecutor

*Complainant

Upon the hearing of the complaint made against you in the above-named proceedings by the District Court sitting at................ on the.... day of........., 20...., the Court imposed the following fine, costs and/or compensation having taken into account your financial circumstances in accordance with section 5(2) of the Fines (Payment and Recovery) Act 2014 and/or such information (if any) as was known to the Court concerning your financial circumstances in accordance with section 5(4)(b) of the Fines (Payment and Recovery) Act 2014 .

The due date for payment for the purposes of section 7 of the Fines (Payment and Recovery) Act 2014 is the ..day of ..20.

Details of how payment should be made are attached.

If you wish to exercise the option to pay the fine by instalments available to you under section 6(1)(a)(ii) of the Fines (Payment and Recovery) Act 2014 , details of how to do so are also attached.

If you fail to pay the fine (or, as the case may be, a relevant instalment) by the due date for payment, you will be required to appear before the District Court and the Court may make:

• an Attachment of Earnings Order (for deductions to be made from your salary or pension).

• a Recovery Order (for the collection of the fine by the receiver). The Recovery Order authorises the receiver, if necessary, to seize and sell your goods in order to recover the monies owed. In carrying out their duties the receiver is entitled to add their costs to any monies you owe.

• a Community Service Order (for a maximum of 100 hours in any individual case up to a cumulative maximum of 240 hours community service under the supervision of the Probation Service).

• an order committing you to a term of imprisonment.

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

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

District Court Clerk

* Delete if inapplicable

No. 23.3

SCHEDULE B

O.23 rr. 9(1), 10(6), 11(9)

FINES (PAYMENT AND RECOVERY) ACT 2014, Section *7(4) *11(3) *16(4)

NOTICE TO ATTEND COURT

(in default of recovery of payment of fine)

District Court Area of District No.

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

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

To..

of

Failure by you to appear in Court as directed by this notice may result in a warrant for your arrest being issued by the Court.

WHEREAS you were fined by the District Court on the following conviction of an offence (details below), and payment of the fine or a relevant instalment of the fine by the due date for payment as required by the Fines (Payment and Recovery) Act 2014 (“2014 Act”) has not been recovered and/or has not been recovered by action under section 11 and/or section 14 of the 2014 Act.

TAKE NOTICE THAT in default of recovery of the amount outstanding at the due date, you are required to appear before the sitting of the District Court to be held at .................. on the ........ day of ....................... 20 at .a.m./p.m. (the “Court date”), and to provide the Court with a statement in writing of your financial circumstances. If you have not already done so, you are required to complete the statement of financial circumstances enclosed and bring it with you to Court on the Court date.

The 2014 Act provides for the following action on non-payment. The action ordered in respect of your fine will be a matter for the Court and is subject to the circumstances and the provisions of the 2014 Act.

• An Attachment of Earnings Order (for deductions to be made from your salary or pension).

• A Recovery Order (for the collection of the fine by the receiver). The Recovery Order authorises the receiver, if necessary, to seize and sell your goods in order to recover the monies owed. In carrying out their duties the receiver is entitled to add their costs to any monies you owe.

• Community Service Order (for a maximum of 100 hours in any individual case up to a cumulative maximum of 240 hours community service under the supervision of the Probation Service).

• An order committing you to a term of imprisonment.

Failure of the action ordered in respect of your fine by the Court may result in further Court appearances.

Where receipt in full of payment of the fine (or the relevant instalment) is recorded at least .. days before the Court date, you may be excused from appearing before the Court on the Court date and you will be notified accordingly.

Please notify your solicitor (if any) of your Court date.

You are advised to have with you in Court on the Court date all information and relevant documents concerning your financial circumstances as so defined in section 2 of the 2014 Act, which would include, but are not limited to the following, where applicable:

(a) as regards your annual income, P60, current payslip, Social Welfare Services Card or equivalent documents from the Department of Social Protection;

(b) as regards the value of your property, current bank statement, bank deposit book, post office book, building society or credit union savings book for inspection, if you own a home and/or other premises, current mortgage statement;

(c) as regards your liabilities, details of your household outgoings, any amounts you pay to financially support members of your family or other persons, including Court maintenance orders;

(d) as regards money owing to you, details of the nature and the amount owing, (e.g. loans to family etc).

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

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

District Court Clerk assignedto the said District Court area

WARNING

IF YOU knowingly or recklessly make a statement (orally or in writing) in relation to your, or another person’s, financial circumstances that is false or misleading in any material respect to the Court discharging its function under section 5(2) of the Fines (Payment and Recovery) Act 2014 , or if you fail or refuse to comply with this notice, you shall be guilty of an offence and shall be liable on summary conviction to a Class B fine, being a fine not exceeding €4,000 or imprisonment for a term not exceeding 6 months or both.

*Delete where inapplicable

No. 23.4

SCHEDULE B

O.23 r. 9(2)

FINES (PAYMENT AND RECOVERY) ACT 2014, Section 7(4)

STATEMENT OF FINANCIAL CIRCUMSTANCES

District Court Area of District No.

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

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

Please note:

1. Please complete this Statement of Financial Circumstances carefully and accurately. If you need assistance in completing this Statement of Means, you may wish to contact your solicitor (if you have one), the Money Advice and Budgeting Service or a Citizen’s Advice Centre.

2. If you knowingly or recklessly make a statement in your financial statement that is false or misleading in any material respect, you shall be guilty of an offence and shall be liable upon summary conviction to a Class B fine, being a fine not exceeding €4,000 or imprisonment for a term not exceeding 6 months or both.

3. If you are in receipt of any social welfare payments it is most important in your own interests that you bring with you your social services card and produce it to the Court.

4. If any of your details do not fit in the space provided, please attach a separate sheet giving those details.

5. You are advised to keep a copy of this Statement of Means and bring it with you to Court.

To the District Court Clerk at........

As required by the notice served on me in the above-named proceedings, I now lodge the following statement of my financial circumstances.

I say that, to the best of my knowledge and belief, the particulars given above and on any attached sheet are accurate and true.

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

Signed:............................................... fined person

of.........

No. 23.5

SCHEDULE B

O.23 r. 10(1)

FINES (PAYMENT AND RECOVERY) ACT 2014, Section 8(1)

RECOVERY ORDER

District Court Area of District No.

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

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

WHEREAS .of, hereinafter the “fined person” was fined by the District Court sitting at.on the day of ..20 following conviction of an offence

AND WHEREAS the said fined person failed to pay the fine by the due date for payment

AND WHEREAS the said fined person was required to appear before the sitting of the District Court to be held at on the .. day of ...20 at .a.m./p.m. (the “Court date”), and to provide the Court with a statement in writing of *his/*her financial circumstances.

AND UPON considering the said statement

*and having heard the said fined person

THE COURT, being satisfied that the sum of €remains outstanding from the fined person,

in accordance with section 8(1) of the Fines (Payment and Recovery) Act 2014 appoints *of .., an approved person for the purposes of said Act *the sheriff acting for the *city *county of . as receiver for the purposes of section 8(1)(b) of the Fines (Payment and Recovery) Act 2014 in respect of the fined person.

Pursuant to this recovery order, the receiver is appointed to—

*(i) recover from the fined person (I) the fine or, as may be appropriate, that part of the fine that, upon the notice under section 8(1) of the Fines (Payment and Recovery Act 2014) being given to the receiver in respect of the fined person, remains unpaid, and (II) the fees and expenses of the receiver.

*(ii) seize and sell property belonging to the fined person and recover from the proceeds of the sale of that property a sum equal to the amount of (I) the fine or, as may be appropriate, that part of the fine that, upon the notice under section 8(2) of the Fines (Payment and Recovery Act 2014) being given to the receiver, remains unpaid, and (II) the fees and expenses of the receiver.

This recovery order authorises the said receiver (alone or accompanied by such and so many members of the Garda Síochána as he or she considers necessary) to—

(a) enter (if necessary by the use of reasonable force) any premises, including a dwelling, at which he or she has reasonable grounds for believing property belonging to the fined person is located,

(b) demand, and take possession of (if necessary, by the use of reasonable force) any property that belongs to the fined person,

(c) issue receipts in respect of any property of which the receiver has taken possession,

(d) manage, dispose of, retain or otherwise deal with the property,

(e) insure the property, and

(f) inspect, at all reasonable times, any books, documents or other records that contain information relating to property belonging to the fined person.

*The receiver shall perform his or her functions under this recovery order subject to the following

*direction(s) ..............

*condition(s) ..............

Dated this ..day of.20

Signed.

Judge of the District Court

To: the above-named receiver.

* Delete where inapplicable

No. 23.6

SCHEDULE B

O.23 r. 10(2)

FINES (PAYMENT AND RECOVERY) ACT 2014, Section 8(6)

NOTICE OF APPLICATION FOR DIRECTIONS BY RECEIVER

District Court Area of District No.

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

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

Fine reference:

WHEREAS the District Court sitting at.... on the ....... day of ....................... 20...... made a recovery order appointing me, *an approved person for the purposes of the Fines (Payment and Recovery) Act 2014 *a sheriff to be a receiver for the purposes set out in section 8(1)(b) of the Fines (Payment and Recovery) Act 2014

AND WHEREAS the Courts Service gave me notice of my appointment as receiver pursuant to section 8(2) of the Fines (Payment and Recovery) Act 2014 on the ..... day of ...................... 20.......

TAKE NOTICE THAT I intend to apply to the Court at.............................on the ...... day of ...................... 20...... at .a.m./p.m. for directions in relation to the performance of my functions under the Fines (Payment and Recovery) Act 2014 .

Brief particulars of action taken by receiver to date:

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

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

Direction(s) sought:

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

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

Grounds on which direction(s) sought:

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

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

Dated this ..day of.20

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

Receiver or Solicitor for Receiver

To: District Court Clerk at.

* Delete where inapplicable

No. 23.7

SCHEDULE B

O.23 r. 10(5)

FINES (PAYMENT AND RECOVERY) ACT 2014, Section 11(1)

NOTICE BY RECEIVER

(unable to recover sums due)

District Court Area of District No.

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

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

Fine reference:

WHEREAS the District Court sitting at....on the day of ..20 made a recovery order appointing me, *an approved person for the purposes of the Fines (Payment and Recovery) Act 2014 *a sheriff to be a receiver for the purposes set out in section 8(1)(b) of the Fines (Payment and Recovery) Act 2014

AND WHEREAS the Courts Service gave me notice of my appointment as receiver pursuant to section 8(2) of the Fines (Payment and Recovery) Act 2014 on the day of ..20

TAKE NOTICE THAT I have determined that I have been unable to recover—

*the fine,

*(if the fined person has exercised his or her option to pay the fine by instalments under section 6 (1)(a)(ii)), the balance of the fine outstanding

*a sum or sums from the sale of property belonging to the fined person sufficient to pay the fine or the balance of the fine outstanding.

Dated this ..day of.20

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

Receiver

To: District Court Clerk at.

* Delete where inapplicable

No. 23.8

SCHEDULE B

O.23, rr. 11(1), 11(8)

FINES (PAYMENT AND RECOVERY) ACT 2014, Section 14

ATTACHMENT ORDER

District Court Area of District No.

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

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

Fine reference:

Notices to be sent to the District Court Clerk at ......

WHEREAS the above-named accused (hereinafter called the “fined person”) was fined by the District Court sitting at.on the day of ..20 following conviction of an offence

AND WHEREAS the said fined person failed to pay the fine by the due date for payment

AND WHEREAS the said fined person was required to appear before the sitting of the District Court to be held at on the .. day of ...20 at .a.m./p.m. (the “Court date”), and to provide the Court with a statement in writing of *his/*her financial circumstances.

AND WHEREAS the Court is satisfied—

*that the said notice dated the... day of...... 20..., was duly served on the fined person

that the amount of €..*(including administration fee of €.) of the fine has not been duly paid

that the fined person is employed under a contract of employment or is in receipt of an occupational pension

THE COURT HEREBY ORDERS you to whom this order is addressed, on the expiration of ten days from the date of service of this order upon you, to deduct the sums set out hereunder from the amounts payable to the fined person

*(employed by you),

*(to whom periodical pension benefits are paid by you)

PARTICULARS OF ATTACHMENT

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

Signed.

Judge of the District Court

To................of.......................

*(employer of above-named fined person) *(trustee of a pension scheme under which the fined person is receiving periodical pension benefits)

And to................of.......................

The fined person

Important Notice to Employer:

If the fined person is not in your employment you must within 10 working days from the date of service of this Order on you or if at any time the fined person ceases to be in your employment within 10 working days from such cesser send a notice in writing to the District Court Clerk at the office listed above.

Where, at any time while the attachment order is in force, it comes to your attention that the fined person’s earnings are, for whatever reason, insufficient to meet one or more than one deduction required to be made from those earnings in compliance with this order, you must give notice in writing of that fact (including the circumstances which gave rise to that fact) to the District Court Clerk at the office listed above within 10 working days from the date that it comes to your attention that the fined person’s earnings are so insufficient.

An employer to whom an attachment order is directed who, without reasonable excuse, fails to comply with the terms of the order shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a period not exceeding 12 months, or both (see section 14 of the Fines (Payment and Recovery) Act 2014 )

Important Notice to Fined Person:

Where this attachment order is in force and you cease to be in the employment of the employer to whom this order is directed, you are required to give notice in writing to the District Court Clerk at the office listed above of the change in your employment status within 10 working days of the change in status, and, as appropriate (I) the name and address of your new employer, or (II) that you are no longer in employment. Unless you then pay the balance of the fine due, you may be required by further notice to appear before the District Court where a further order may be made.

*Delete where inapplicable.

No. 23.9

SCHEDULE B

O. 23, r. 16

Criminal Justice (Public Order) Act 2003, section 3

EXCLUSION ORDER

District Court Area of District No.

..............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:

*Delete where inapplicable

No. 23.10

SCHEDULE B

O. 23, r.17(1)

Criminal Justice (Psychoactive Substances Act 2010, section 10

CLOSURE ORDER

District Court Area of District No.

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

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

WHEREAS the above-named accused of.............., was on the... day of....... 20.... convicted of an offence under section *3 *4 *5 *8(6) of the Criminal Justice (Psychoactive Substances) Act 2010 .

ON THE GROUNDS THAT...............

THE COURT HEREBY ORDERS pursuant to section 10 of the above mentioned Act of 2010 that the said accused be and is hereby prohibited:

at............ (*in the court area and district aforesaid)

*or at.........

*from operating any business of......... or engaging in any activity of.........., (which may reasonably be considered to be connected with the sale, importation or exportation or advertisement of psychoactive substances, *namely..........., for human consumption)

*from the sale or advertisement of an object, *namely........, for use in cultivating by hydroponic means any plant in contravention of section 17 of the Misuse of Drugs Act 1977

*AND THE COURT CONSIDERING IT necessary or expedient in the circumstances to impose the following terms, conditions and restrictions, THE COURT HEREBY ORDERS

(insert particulars of any terms, conditions or restrictions imposed in the order)

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

This order shall come into effect *immediately upon its service on you to whom it is addressed *on the ...... day of .................. 20.... and shall have effect during the period (being a period not exceeding five years) of........, from that time.

†And the Court refuses an application for an order staying the operation of the above order pending the determination of an appeal to the Circuit Court by the said accused against the conviction or the above closure order.

††And the Court, having heard and allowed an application for an order staying the operation of the above order pending the determination of an appeal to the Circuit Court by the said accused against the conviction or the above closure order, orders that the operation of said closure order be and is hereby stayed pending the determination of the said appeal.

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

Signed.

Judge of the District Court

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

of................., the above-named accused

*To:..............

of................., the owner of the place to which this order relates

*And to:

*Delete where inapplicable

†Insert only if a stay has been sought and has been refused by the District Court.

††Insert only if a stay has been sought and has been granted by the District Court.

No. 23.11

SCHEDULE B

O. 23, r.17(2)

Criminal Justice (Psychoactive Substances) Act 2010, section 11

NOTICE OF APPLICATION TO *VARY/*DISCHARGE A CLOSURE ORDER

District Court Area of District No.

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

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

Applicant

WHEREAS the District Court sitting at.......... on the... day of..... 20..., on the conviction of....... of the offence of....... made a closure order under section 10 of the above-mentioned Act concerning a place in the court area and district aforesaid, prohibiting the said convicted person:

*from operating any business of....... or engaging in any activity of......., (which may reasonably be considered to be connected with the sale, importation or exportation or advertisement of psychoactive substances, *namely........, for human consumption)

*from the sale or advertisement of an object, *namely......., for use in cultivating by hydroponic means any plant in contravention of section 17 of the Misuse of Drugs Act 1977

at that place specified in said order, namely,............. *(in the court area and district aforesaid) during the period of ........, commencing on *the date of service of the said order *the ..... day of ........................ 20....

TAKE NOTICE that the above-named applicant, being

*the person who is subject to the closure order

*the owner of the said place which is specified in the closure order

*a member of the Garda Síochána not below the rank of superintendent

will apply to the District Court sitting at.......... on the... day of....... 20.. at.....a.m./p.m. under section 11 of the above-mentioned Act for an order

*varying the said closure order to provide that

(specify variations sought)..............

*discharging the said closure order on the grounds that—

*(insert grounds relied upon)

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

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

Applicant/solicitor for Applicant

To: District Court Clerk

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

*To:......... of......... the occupier of the said place

*To:........ of.......... the owner of the said place

*To: Superintendent............., Garda Síochána at.....................

*Delete where inapplicable

No. 23.12

SCHEDULE B

O. 23, r.17(2)

Criminal Justice (Psychoactive Substances) Act 2010, section 11

ORDER *VARYING/*DISCHARGE A CLOSURE ORDER

District Court Area of District No.

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

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

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

WHEREAS the above-named accused of................, was on the ...... day of .................... 20.... convicted of an offence under section *3 *4 *5 *8(6) of the Criminal Justice (Psychoactive Substances) Act 2010 and the Court made a closure order pursuant to section 10 of the above mentioned Act of 2010.

AND WHEREAS on application to the Court sitting at........... on the ..... day of ................... 20... of..........

*the person who is subject to the closure order

*the owner of the said place which is specified in the closure order

*a member of the Garda Síochána not below the rank of superintendent

for an order under section 11 of the above-mentioned Act *varying/*discharging the said closure order

THE COURT

BEING SATISFIED that notice of the application was duly served

HAVING REGARD to whether there would be a serious risk of injustice if the said closure order were not so varied /discharged

HAVING REGARD to the evidence and/or submissions on behalf of the said applicant *and the persons on notice of the application

HEREBY ORDERS pursuant to section 11 of the above mentioned Act of 2010 that the said closure order

*BE DISCHARGED.

*BE VARIED to provide instead that:

The said accused be and is hereby prohibited:

during the period (being a period not exceeding five years) of..........., commencing on *the date of its service on you to whom it is addressed *the .... day of .............. 20....

at ........... *(in the court area and district aforesaid)

*or at......

*from operating any business of........... or engaging in any activity of........, (which may reasonably be considered to be connected with the sale, importation or exportation or advertisement of psychoactive substances, *namely........, for human consumption)

*from the sale or advertisement of an object, *namely.........., for use in cultivating by hydroponic means any plant in contravention of section 17 of the Misuse of Drugs Act 1977

*AND THE COURT CONSIDERING IT necessary or expedient in the circumstances to impose the following terms, conditions and restrictions, THE COURT HEREBY ORDERS

(insert particulars of any terms, conditions or restrictions imposed in the order)

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

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

Signed.

Judge of the District Court

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

of.........................., the above-named accused

*To:........... of.......... the occupier of the said place

*To:........... of.......... the owner of the said place

*To: Superintendent..........., Garda Síochána at............

*Delete where inapplicable

23.13

SCHEDULE B

O. 23, r. 18

Consumer Protection Act 2007, section 78(2)

NOTICE OF INTENTION TO RELY ON ALLEGATION THAT THE COMMISSION OF THE OFFENCE (OTHER THAN AN OFFENCE UNDER SECTION 65(2)) WAS DUE TO RELIANCE ON INFORMATION SUPPLIED BY ANOTHER PERSON OR TO THE ACT OR DEFAULT OF ANOTHER PERSON

District Court Area of District No.

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

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

WHEREAS

*the above-named accused is to appear before the District Court on the ...... day of .................. 20... charged that

*proceedings against the above-named accused entitled as above alleging that........... brought by summons dated the .... day of ................. 20... are before the District Court on the ..... day of ................... 20...

TAKE NOTICE that the accused in *his/*her/*its defence intends to rely on an allegation that the commission of the offence was due to reliance on information supplied by another person or to the act or default of another person and the information provided identifying or assisting in the identification of that other person is as follows:

.

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

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

Accused/Solicitor for the accused

To:......... Prosecutor

at.............

and to: District Court Clerk at.......

*Delete where inapplicable

No. 25.5

SCHEDULE B

O.25, r. 2(1)

COURTS (NO. 2) ACT 1986, Section 2(1)

WARRANT OF EXECUTION

(TO COMMIT IN DEFAULT OF PAYMENT OF FINE)

District Court Area of District No.

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

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

WHEREAS the District Court sitting at....on the day of ..20 upon the hearing of the complaint that on the....... day of............. 20....., at.................... in court area and district aforesaid the accused did .....

*Contrary to the form of the Statute in such case made and provided;

*Contrary to Common Law;

[Where the offence is indictable insert the appropriate recitals as in Forms 25.2, 25.3 or 25.4, as the case may be]

THE COURT on the.... day of.......... 20...., convicted the above-named accused of................................. of the said offence and ORDERED that he/she pay for fine the sum of €.... *(for compensation the sum of €...). *(and for costs the sum of €....) *(making together the sum of €.... to be paid) by the. day of 20., subject to the availability to the accused person of the option under section 6(1)(a)(ii) of the Fines (Payment and Recovery) Act 2014

†AND WHEREAS, at a sitting of the Court on the day of ..20, being the date specified in the notice concerned under section 7(4) of the Fines (Payment and Recovery) Act 2014 the Court was satisfied that (i) the above-named accused being a person on whom a fine has been imposed consequent upon his or her summary conviction of an offence has not paid *(a relevant instalment of) the fine by the due date for payment, and (ii) it would not be appropriate to make a recovery order or attachment order in respect of the above-named accused and the Court was satisfied that, in relation to the said accused, that the provisions of section 4 of the Criminal Justice (Community Service) Act 1983 have not been complied with and the Court was satisfied that the sum of €..remains outstanding in respect of the said fine

†AND WHEREAS, at a sitting of the Court on the day of ..20, being the date specified in the notice concerned under section 11(2) of the Fines (Payment and Recovery) Act 2014 the Court was satisfied that a receiver has been unable to recover (i) the fine imposed on the above-named accused consequent upon his or her summary conviction of an offence, or (ii) a sum or sums from the proceeds of the sale of property belonging to the above-named accused sufficient to pay that fine and the Court was satisfied that, in relation to the said accused, that the provisions of section 4 of the Criminal Justice (Community Service) Act 1983 have not been complied with and the Court was satisfied that the sum of €..remains outstanding in respect of the said fine

†AND WHEREAS, at a sitting of the Court on the day of ..20, being the date specified in the notice concerned under section 16(3) of the Fines (Payment and Recovery) Act 2014 the Court was satisfied that an attachment order made in respect of the earnings of the above-named accused has not resulted in the collection of a fine imposed on the above-named accused consequent upon *his/*her summary conviction of an offence and the Court was satisfied that, in relation to the said accused, that the provisions of section 4 of the Criminal Justice (Community Service) Act 1983 have not been complied with and the Court was satisfied that the sum of €..remains outstanding in respect of the said fine

AND WHEREAS the Court made an order committing the said accused to prison.

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the accused.............................. of........................... in the Prison at.................. there to be detained by the Governor thereof for the period of..................... unless the said last mentioned sum be sooner paid.

If payment of the outstanding sum is made, it shall be remitted to the Clerk for the above District Court area.

Warrant to be returned in...... months if not executed.

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

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at.......................

* Delete where inapplicable

†Where applicable, select the relevant option of the three and delete the other two

No. 30.1

SCHEDULE B

O. 23, r. 12, O.30, r.2

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT 1983, Section 3

COMMUNITY SERVICE ORDER

District Court Area of District No.

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

.............. Offender

WHEREAS THE COURT on the ..... day of .......................... 20......., convicted the above-named offender, a person aged 16 years and upwards, who resides at ............................

*(in said District) *(in District No. ) of the following offence,

that he/she did

contrary to.

*being an offence for which, in the opinion of the Court, the appropriate sentence would be one of *(imprisonment) *(detention in Saint Patricks Institution) for...... months, and

†ordered that he/she pay for fine the sum of €.... for compensation the sum of €.... and for costs the sum of €.... making together the sum of €.... to be paid

†AND WHEREAS, at a sitting of the Court on the day of ..20, being the date specified in the notice concerned under section 7 (4) of the Fines (Payment and Recovery) Act 2014 the Court was satisfied that (i) the offender to whom section 2 (2) of the Criminal Justice (Community Service) Act 1983 (hereinafter, the “Act of 1983”) applies has failed to pay the fine imposed by it in relation to the offender by the due date for payment, and (ii) it would not be appropriate to make a recovery order or attachment order in respect of that offender and the Court was satisfied that the sum of €..remains outstanding in respect of the said fine

†AND WHEREAS, at a sitting of the Court on the day of ..20, being the date specified in the notice concerned under section 11 (2) of the Fines (Payment and Recovery) Act 2014 the Court was satisfied that a receiver has been unable to recover (i) the fine imposed by it in relation to the offender to whom section 2 (2) of the Criminal Justice (Community Service) Act 1983 (hereinafter, the “Act of 1983”) applies, and (ii) a sum or sums from the proceeds of the sale of property belonging to that offender sufficient to pay that fine and the Court was satisfied that, in relation to the offender the sum of €..remains outstanding in respect of the said fine

†AND WHEREAS, at a sitting of the Court on the day of ..20, being the date specified in the notice concerned under section 16 (3) of the Fines (Payment and Recovery) Act 2014 the Court was satisfied that an attachment order made in respect of the earnings of the offender to whom section 2 (2) of the Criminal Justice (Community Service) Act 1983 (hereinafter, the “Act of 1983”) applies has not resulted in the collection of the fine imposed by it in relation to the offender and the Court was satisfied that, in relation to the offender the sum of €..remains outstanding in respect of the said fine

THE COURT having considered the offenders circumstances and a report about him/her by a probation officer, and *having heard evidence from such offender, and

BEING SATISFIED

(i) that he/she is a suitable person to perform work under a community service order, and

(ii) that arrangements can be made for the offender to perform such work in District No.. in which District he/she will reside while performing such work,

AND HAVING EXPLAINED TO HIM/HER

(a) the effect of this Order when made,

(b) the requirements of sections 7(1) and 7(2) of the Act of 1983;

†† (c) the consequences which may follow under sections 7(4) and 8 of the Act of 1983 if he/she fails to comply with any of those requirements, and

(d) that the Court may review the Order on the offenders application or that of a relevant officer,

and the offender consenting to this Order,

HEREBY ORDERS that the offender

(1) shall perform in accordance with the Act of 1983 within one year of the date of this Order unpaid work for.... hours

*(being not less than 40 and not more than 240 hours) †(being not less than 30 hours and not more than 100 hours);

(2) shall report to such relevant officer as he/she may from time to time be directed (to) by or on behalf of the Director of the Probation Service;

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

(4) shall notify such officer as he/she is required to report 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 the.... day of.......... 20....)

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

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

Signed.

Judge of the District Court

*Delete words inapplicable

†Only applicable where the Community Service order is made in default of payment of a fine imposed on summary conviction; where applicable, select the relevant recital of the three options and delete the other two;

†† Not applicable where the Community Service order is made in default of payment of a fine imposed on summary conviction.

EXPLANATORY NOTE

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

These rules amend Orders 23 and 25 of the District Court Rules and associated forms contained in Schedule B to facilitate the operation of the Fines (Payment and Recovery) Act 2014 .