Arrest
District Court Rules
Procedure On Arrest
: S.I. No. 194 Of 2001
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No17-S.I. No. 203 Of 2007: District Court (Criminal Justice Act 2006) Rules 2007
No17-S.I. No. 41 Of 2008: District Court (Criminal Justice Act 2007) Rules 2008
No17-S.I. No. 105 Of 2009: District Court (Criminal Justice Act 2006) Rules 2009
No17-S.I. No. 33 Of 2010: District Court (Criminal Justice (Amendment) Act 2009) Rules 2010
Procedure on arrest
Particulars to be set out charge sheet
1. (1) Whenever a person is arrested and brought to a Garda Siochana Station and is being charged with an offence, or where an offence is alleged against a person who is already on remand to the Court and a summons in respect of the offence is not issued, particulars of the offence alleged against that person shall be set out on a charge sheet Form 17.1, Schedule B.
(2) When particulars of any offence are set out on a charge sheet in accordance with this rule, a copy of the particulars shall be furnished as soon as may be to the person against whom the offence is alleged.
(3) A charge sheet to which this rule applies shall be lodged as soon as possible with the Clerk for the court area in which the case is to be heard.
Person to be brought before a Judge as soon as practicable
2. (1) A person arrested pursuant to a warrant shall on arrest be brought before a Judge having jurisdiction to deal with the offence concerned as soon as practicable.
(2) A person arrested without warrant shall, on being charged with an offence, be brought before a Judge having jurisdiction to deal with the offence as soon as practicable.
3.* Where a person is arrested pursuant to a warrant later than the hour of 5 o’clock on any evening or, having been arrested without warrant, is charged after that hour and a Judge of the District Court is due to sit in the District Court District in which the person was arrested not later than noon on the following day, it shall be sufficient compliance with subsection (1) or (2) of section 15 of the Criminal Justice Act, 1951, as substituted by section 26 of the Criminal Justice Act, 1984 and as amended by section 18 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, as the case may be, if that person is brought before a Judge of the District Court sitting in that District Court District at the commencement of the sitting.
Release on bail in certain cases by members of Garda Siochana
4.† (1) Whenever a person is brought in custody to a Garda Siochana Station by a member of the Garda Siochana, the sergeant or other member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of that person is in force, release that person on bail and for that purpose take from him or her a recognisance in the Form 17.2, Schedule B with or without sureties approved by that member in such sum or sums as such member shall determine, for his or her due appearance –
(a) before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or
(b) in the case of the District Court in the Dublin Metropolitan District before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting.
(2) A sum of money equivalent to the amount of bail may be accepted in lieu of a surety or sureties. In such cases the recognisance (Form 17.3 Schedule B) and the money shall be deposited by the member of the Garda Siochana receiving it with the Clerk of the Court before which the person is bound by the recognisance to appear.
(3) The recognisance may be estreated in the like manner as a recognisance entered into before a Judge is estreated.
(4) This rule does not apply to a person arrested under section 251 of the Defence Act, 1954, on suspicion of being a deserter or an absentee without leave from the Defence Forces.
(5) A recognisance taken under this rule shall be transmitted to the Clerk of the Court before which the person is bound by the recognisance to appear.
Endorsement on warrants as to release on bail.
5.+ (1) Where the Court issues a warrant for the arrest of a person, the Court may by endorsement on the warrant direct that the person named in the warrant be on arrest released on his or her entering into a recognizance, with or without a surety or sureties, conditioned for his or her appearance before the Court on such date and at such time and place as may be specified in the endorsement, and the endorsement shall fix the amounts in which the person and his or her surety or sureties (if any) are to be bound and shall specify any other conditions of the recognizance.
(2) Where such an endorsement is made, the member of the Garda Siochana in charge of the Garda Siochana Station to which on arrest the person named in the warrant is brought shall discharge him or her upon his or her entering into a recognizance in the Form 17.10 Schedule B, with or without surety or sureties, approved by that member and upon the payment of –
(a) an amount equal to one third, or
(b) such greater amount as the Court may determine,
of any recognizance entered into by a person.
(3) Any moneys paid to a member of the Garda Siochana under this rule shall be deposited by him or her with the district court clerk for the district court area in which the Garda Siochana Station is situate.
6. A recognisance of an accused and of the sureties, if any, under this Order may be taken on any day and at any time.
Application for warrant under Offences against the State Act.
7. (1) An application under Section 30(4) of the Offences against the State Act, 1939 for a warrant to further detain a person detained pursuant to Section 30(3) of the Act shall be in the Form 17.4 Schedule B by a member of the Garda Siochana not below the rank of Superintendent
(2) A warrant issued on foot of such information shall be in the Form 17.5 Schedule B.
8. (1) An application for a warrant to arrest under Section 30A(1) of the Offences against the State Act, 1939 shall be by the information on oath and in writing in the Form 17.6 Schedule B of a member of the Garda Siochana not below the rank of Superintendent.
(2) A warrant issued on foot of such information shall be in the Form 17.7 Schedule B.
Application for warrant under Criminal Justice Act, 1999
9. (1) An application for a warrant to arrest a prisoner under Section 42 of the Criminal Justice Act, 1999 shall be by the information on oath and in writing in the Form 17.8 Schedule B by a member of the Garda Siochana not below the rank of Superintendent
(2) A warrant issued on foot of such information shall be in the Form 17.9 Schedule B.
* Criminal Justice Act, 1951 [s.15] as amended.
† Criminal Procedure Act, 1967 [s.31] as amended
+ Criminal Procedure Act, 1967 [s. 30 (2)]
S.I. No. 41 of 2008:
District Court (Criminal Justice Act 2007) Rules 2008
1. These rules may be cited as the District Court (Criminal Justice Act 2007) Rules 2008.
2. These rules shall come into operation on the 19 day of March 2008 and shall be read together with all other District Court Rules for the time being in force.
(…)
5. Order 17 of the District Court Rules 1997 (S.I. No. 93 of 1997) is hereby amended—
(i) by the substitution for rule 4(1) of the following:
“4. (1) Whenever a person is brought in custody to a Garda Síochána Station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of that person is in force, release that person on bail and for that purpose take from him or her a recognisance in the **Insert Form here Form 17.2**, Schedule B with or without sureties approved by that member in such sum or sums (if any) as such member shall determine, for his or her due appearance—
(a) before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or
(b) in the case of the District Court in the Dublin Metropolitan District before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting.”
(ii) by the substitution for rule 5 of the following:
“5. (1) Where the Court issues a warrant for the arrest of a person, the Court may by endorsement on the warrant direct that the person named in the warrant be on arrest released on his or her entering into a recognisance, with or without a surety or sureties, conditioned for his or her appearance before the Court on such date and at such time and place as may be specified in the endorsement, and the endorsement shall fix the amounts (if any) in which the person and his or her surety or sureties (if any) are to be bound and shall specify any other conditions of the recognisance.
(2) Where such an endorsement is made, the member of the Garda Síochána in charge of the Garda Síochána Station to which on arrest the person named in the warrant is brought shall discharge him or her upon his or her entering into a recognisance in the **Insert Form here Form 18.2** Schedule B, with or without surety or sureties, approved by that member and upon the payment of such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court has determined.
(3) Any moneys paid to a member of the Garda Síochána under this rule shall be deposited by him or her with the District Court clerk for the District Court area where the courthouse at which the arrested person is conditioned to appear is situate.”
(iii) by the insertion following rule 10 of the following:
“11. An application under section 50 of the Criminal Justice Act 2007 for a warrant to further detain a person detained pursuant to a direction or warrant under that section shall be by information on oath and in writing in the **Insert Form here Form 17.13**, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the **Insert Form here Form 17.14**, Schedule B.
12. An information on oath for a warrant to arrest a person under Section 51(1) of the Criminal Justice Act 2007 shall be in writing in the **Insert Form here Form 17.15**, Schedule B by a member of the Garda Síochána not below the rank of superintendent. A warrant issued on foot of such information shall be in the **Insert Form here Form 17.16**, Schedule B.
13. An application under section 50 of the Criminal Justice Act 2007 as applied by section 51(3) of that Act for a warrant to further detain a person detained pursuant to a warrant under section 51(1) of that Act shall be by information on oath and in writing in the **Insert Form here Form 17.17**, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the **Insert Form here Form 17.18**, Schedule B.”
(…)
10. **Insert Form here The Forms in Schedule 1 hereof shall be substituted for the forms bearing the like numbers in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).**
11. **Insert Form here The Forms in Schedule 2 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).**
12. The Forms 17.10, Schedule B and 101.4, 101.5 and 101.6 in Schedule D of the District Court Rules 1997 (S.I. No. 93 of 1997) are hereby deleted.
S.I. No. 203 of 2007:
District Court (Criminal Justice Act 2006) Rules 2007
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 (Criminal Justice Act 2006) Rules 2007.
2. These rules shall come into operation on the 31st day of May 2007 and shall be read together with all other District Court Rules for the time being in force.
(…)
5. Order 17 of the District Court Rules 1997 (S.I. No.93 of 1997) shall be amended by the insertion immediately following rule 9 of the following—
“10. An application under paragraph (g) of section 2(2) of the Criminal Justice (Drug Trafficking) Act 1996 by a member of the Garda Síochána not below the rank of Chief Superintendent or under paragraph (h) of section 2(2) of the Criminal Justice (Drug Trafficking) Act 1996 by a member of the Garda Síochána not below the rank of Chief Superintendent for a warrant to further detain a person detained pursuant to that Act shall be by information on oath and in writing and shall be in the Form 17.11 Schedule B. A warrant issued on foot of such information shall be in the Form 17.12, Schedule B.”.
(…)
10. The Forms in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).
11. The Forms in Schedule 2 hereof shall be substituted for the Forms bearing the like numbers in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).
(…)
S.I. No. 41 of 2008:
District Court (Criminal Justice Act 2007) Rules 2008
1. These rules may be cited as the District Court (Criminal Justice Act 2007) Rules 2008.
2. These rules shall come into operation on the 19 day of March 2008 and shall be read together with all other District Court Rules for the time being in force.
(…)
5. Order 17 of the District Court Rules 1997 (S.I. No. 93 of 1997) is hereby amended—
(i) by the substitution for rule 4(1) of the following:
“4. (1) Whenever a person is brought in custody to a Garda Síochána Station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he or she considers it prudent to do so and no warrant directing the detention of that person is in force, release that person on bail and for that purpose take from him or her a recognisance in the **Insert Form here Form 17.2**, Schedule B with or without sureties approved by that member in such sum or sums (if any) as such member shall determine, for his or her due appearance—
(a) before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or
(b) in the case of the District Court in the Dublin Metropolitan District before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting.”
(ii) by the substitution for rule 5 of the following:
“5. (1) Where the Court issues a warrant for the arrest of a person, the Court may by endorsement on the warrant direct that the person named in the warrant be on arrest released on his or her entering into a recognisance, with or without a surety or sureties, conditioned for his or her appearance before the Court on such date and at such time and place as may be specified in the endorsement, and the endorsement shall fix the amounts (if any) in which the person and his or her surety or sureties (if any) are to be bound and shall specify any other conditions of the recognisance.
(2) Where such an endorsement is made, the member of the Garda Síochána in charge of the Garda Síochána Station to which on arrest the person named in the warrant is brought shall discharge him or her upon his or her entering into a recognisance in the **Insert Form here Form 18.2** Schedule B, with or without surety or sureties, approved by that member and upon the payment of such amount (if any) or proportion of the amount (if any) in which the person and his or her surety or sureties (if any) are to be bound as the Court has determined.
(3) Any moneys paid to a member of the Garda Síochána under this rule shall be deposited by him or her with the District Court clerk for the District Court area where the courthouse at which the arrested person is conditioned to appear is situate.”
(iii) by the insertion following rule 10 of the following:
“11. An application under section 50 of the Criminal Justice Act 2007 for a warrant to further detain a person detained pursuant to a direction or warrant under that section shall be by information on oath and in writing in the **Insert Form here Form 17.13**, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the **Insert Form here Form 17.14**, Schedule B.
12. An information on oath for a warrant to arrest a person under Section 51(1) of the Criminal Justice Act 2007 shall be in writing in the **Insert Form here Form 17.15**, Schedule B by a member of the Garda Síochána not below the rank of superintendent. A warrant issued on foot of such information shall be in the **Insert Form here Form 17.16**, Schedule B.
13. An application under section 50 of the Criminal Justice Act 2007 as applied by section 51(3) of that Act for a warrant to further detain a person detained pursuant to a warrant under section 51(1) of that Act shall be by information on oath and in writing in the **Insert Form here Form 17.17**, Schedule B by a member of the Garda Síochána not below the rank of Chief Superintendent. A warrant issued on foot of such information shall be in the **Insert Form here Form 17.18**, Schedule B.”
(…)
10. **Insert Form here The Forms in Schedule 1 hereof shall be substituted for the forms bearing the like numbers in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).**
11. **Insert Form here The Forms in Schedule 2 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).**
12. The Forms 17.10, Schedule B and 101.4, 101.5 and 101.6 in Schedule D of the District Court Rules 1997 (S.I. No. 93 of 1997) are hereby deleted.
CRIMINAL JUSTICE ACT, 1951.
(CRIMINAL JUSTICE ACT 1984)
Proceedings after arrest.
26.—The following section shall be substituted for section 15 of the Criminal Justice Act, 1951:
“15.—(1) A person arrested pursuant to a warrant shall on arrest be brought before a justice of the District Court having jurisdiction to deal with the offence concerned or, if a justice is not immediately available, before a peace commissioner in the district of such a justice as soon as practicable.
(2) A person arrested without warrant shall, on being charged with an offence, be brought before a justice of the District Court having jurisdiction to deal with the offence or, if a justice is not immediately available, before a peace commissioner in the district of such a justice as soon as practicable.
(3) Where a person is arrested pursuant to a warrant later than the hour of 10 o’clock on any evening or, having been arrested without warrant, is charged after that hour and a justice is due to sit in the District Court district in which the person was arrested not later than noon on the following day, it shall be sufficient compliance with subsection (1) or (2), as the case may be, if he is brought before a justice at the commencement of the sitting.
(4) If the person is brought before a peace commissioner, the commissioner, having heard the evidence offered, shall remand him, either in custody or on such bail as the commissioner thinks fit, and remit the case for hearing before a justice of the District Court having jurisdiction to deal with it.
(5) If the accused is remanded on bail and there and then finds bail, the case shall be remitted to the next sitting of the court.
(6) In any other event, the case shall be remitted to a sitting of the court at a named place to be held within eight days after the arrest.
(7) This section is without prejudice to the provisions of any enactment relating to proceedings after arrest or charge in particular cases.”.
CRIMINAL JUSTICE 1999
Arrest and detention of prisoners in connection with investigation of other offences.
42.—(1) In this section—
“offence” means an arrestable offence as defined in section 2 of the Criminal Law Act, 1997 ;
“prison” means a place of custody administered by the Minister for Justice, Equality and Law Reform;
“prisoner” means a person who is in prison on foot of a sentence of imprisonment, on committal awaiting trial, on remand or otherwise.
(2) A member of the Garda Síochána may arrest a prisoner on the authority of a judge of the District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that the following conditions are fulfilled—
(a) there are reasonable grounds for suspecting that the prisoner has committed an offence other than an offence in respect of which he or she is imprisoned;
(b) the arrest of the prisoner is necessary for the proper investigation of the offence which he or she is suspected of having committed;
(c) where the prisoner has previously been arrested for the same offence, whether prior to his or her imprisonment or under this section, further relevant information has since come to the knowledge of the Garda Síochána.
(3) A person arrested under this section—
(a) shall be taken forthwith to a Garda Station and may, subject to subsection (5), be detained there for such period as is authorised under section 4 of the Act of 1984, and
(b) shall, subject to this section, be dealt with as though he or she had been detained under that section.
(4) Section 4(4), (5), (5A) and 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.
(5) If at any time during the detention of a person under this section there are no longer reasonable grounds for—
(a) suspecting that the person has committed the offence in respect of which he or she was arrested under this section, or
(b) believing that his or her detention is necessary for the proper investigation of that offence,
the detention shall be terminated forthwith.
(6) On termination of the detention in accordance with subsection (5) or by reason of the expiry of the period referred to in subsection (3)(a) the member of the Garda Síochána in charge of the Garda Station where the person is detained shall transfer him or her, or cause him or her to be transferred, forthwith back into the custody of the governor of the prison where the person was imprisoned at the time of the arrest.
(7) This section shall not prejudice any power conferred by law apart from this section in relation to the arrest, detention or transfer of prisoners.