Criminal Enforcement
District Court Rules
Order 25
Issue Of Warrants In Execution Of Court Orders
: S.I. No. 41 Of 1998
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No25-S.I. No. 19 Of 2016: District Court (Fines) Rules 2015
Warrants of committal – sentence of imprisonment
1. Where a person has been sentenced to imprisonment the Court shall issue the warrant of committal (Form 25.1, 25.3, or 25.4, Schedule B as the case may be) forthwith, where the imprisonment is to take place immediately; but where the imprisonment is not to take place immediately, the Court may either issue such warrant of committal forthwith, directing that it is not to be executed until the time at which the imprisonment is to take place, or may issue such warrant at, or at any time after, the time fixed for the imprisonment to commence.
– in default of payment of penalty
2. In all cases of summary jurisdiction whenever an order has been made, upon the conviction of any person of an offence,
(a) for the payment of a penal sum and that sum has not been paid, the Court may issue a warrant of committal to imprisonment for the non-payment thereof (Form 25.5 or Form 25.6, Schedule B, as the case may be) at any time not later than six months from the expiration of the time fixed by the said order for the payment of that sum;
(b) 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.
– on the non-performance of a condition
3. Where the Court, upon imposing sentence of imprisonment, conditionally suspends the execution thereof, it may, upon the application of the prosecutor, issue a warrant of committal (Form 25.8, Schedule B) on being satisfied of the failure of the accused to comply with the terms upon which the said sentence was suspended.
Restriction on issue of warrant
4. Where by order the execution of sentence of imprisonment has been conditionally suspended, no warrant shall be issued to enforce such sentence later than six months warrant from the expiration of the time fixed by the said order for the performance of the condition.
– for contempt of court
5. Where, under section 9 of the Petty Sessions (Ireland) Act, 1851 or, as the case may be, section 6 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, a Judge by warrant commits a person to prison for any contempt of the Court, such warrant shall be in the Form 25.9, Schedule B.
Compensation etc. – No warrant unless fine is imposed.
6. Save where expressly authorised by statute, no warrant of committal shall be issued to enforce payment of any compensation, costs or expenses unless a fine has also been imposed.
Warrants of distress
7. Where an order is made directing that any penalty or other sum of money be levied by distress, the court may thereupon (if no time is allowed for payment) or after the expiration of the time allowed for payment, issue a warrant (Form 25.10, Schedule B) to levy by distress the said penalty or sum of money if the order has not been complied with.
Warrants where recognisances are estreated
8. Where the Court makes an order estreating a recognizance, the warrant of distress and the warrant of committal to prison in execution of such order shall be in accordance with Form 25.5 and Form 25.7, respectively, in Schedule B, as provided for in Order 27 of these Rules.
Warrant not to issue where notice of appeal lodged
*9 (1) Where an appeal is lodged against an order and a recognizance is entered into and the warrant to execute the order has not been issued, such warrant shall not be issued until the appeal is decided or the appellant has failed to perform the condition of the recognizance, as the case may be.
– Where issued, Clerk secure its return.
(2) Where such warrant has been issued but not executed the Clerk shall forthwith notify the Superintendent of the Garda Síochána to whom the warrant was addressed to that an appeal has been lodged and a recognizance entered into and the Superintendent shall return the warrant to the Clerk for cancellation by the Court.
– Where executed, appellent to be discharged on notice of appeal being given.
(3) Where such warrant has been issued and executed before notice of appeal is given or before a recognizance is entered into, the appellant shall, on notice of appeal being given and the recognizance being entered into, forthwith be discharged from custody or from prison. Where such warrant is a warrant of distress such distress shall be returned to the owner.
Order suspended.
(4) Save where otherwise provided by statute or by rules of court, the order appealed from shall be entirely suspended until the appeal is decided or the appellant fails to perform the condition of the recognizance, as the case may be. This rule shall not be taken to over-ride any statute expressly authorising or directing the levy of any sum to be made notwithstanding an appeal.
Clerk to make note of issue.
10. Whenever a warrant is issued for the purpose of enforcing an order made by the Court, the Clerk shall make a note on the minute book, charge sheet, fines register, as appropriate, of the issue of the warrant and its nature and date.
Order 25
Issue Of Warrants In Execution Of Court Orders : S.I. No. 41 Of 1998
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No25-S.I. No. 19 Of 2016: District Court (Fines) Rules 2015
Warrants of committal – sentence of imprisonment
1. Where a person has been sentenced to imprisonment the Court shall issue the warrant of committal (Form 25.1, 25.3, or 25.4, Schedule B as the case may be) forthwith, where the imprisonment is to take place immediately; but where the imprisonment is not to take place immediately, the Court may either issue such warrant of committal forthwith, directing that it is not to be executed until the time at which the imprisonment is to take place, or may issue such warrant at, or at any time after, the time fixed for the imprisonment to commence.
– in default of payment of penalty
2. In all cases of summary jurisdiction whenever an order has been made, upon the conviction of any person of an offence,
(a) for the payment of a penal sum and that sum has not been paid, the Court may issue a warrant of committal to imprisonment for the non-payment thereof (Form 25.5 or Form 25.6, Schedule B, as the case may be) at any time not later than six months from the expiration of the time fixed by the said order for the payment of that sum;
(b) 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.
– on the non-performance of a condition
3. Where the Court, upon imposing sentence of imprisonment, conditionally suspends the execution thereof, it may, upon the application of the prosecutor, issue a warrant of committal (Form 25.8, Schedule B) on being satisfied of the failure of the accused to comply with the terms upon which the said sentence was suspended.
Restriction on issue of warrant
4. Where by order the execution of sentence of imprisonment has been conditionally suspended, no warrant shall be issued to enforce such sentence later than six months warrant from the expiration of the time fixed by the said order for the performance of the condition.
– for contempt of court
5. Where, under section 9 of the Petty Sessions (Ireland) Act, 1851 or, as the case may be, section 6 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, a Judge by warrant commits a person to prison for any contempt of the Court, such warrant shall be in the Form 25.9, Schedule B.
Compensation etc. – No warrant unless fine is imposed.
6. Save where expressly authorised by statute, no warrant of committal shall be issued to enforce payment of any compensation, costs or expenses unless a fine has also been imposed.
Warrants of distress
7. Where an order is made directing that any penalty or other sum of money be levied by distress, the court may thereupon (if no time is allowed for payment) or after the expiration of the time allowed for payment, issue a warrant (Form 25.10, Schedule B) to levy by distress the said penalty or sum of money if the order has not been complied with.
Warrants where recognisances are estreated
8. Where the Court makes an order estreating a recognizance, the warrant of distress and the warrant of committal to prison in execution of such order shall be in accordance with Form 25.5 and Form 25.7, respectively, in Schedule B, as provided for in Order 27 of these Rules.
Warrant not to issue where notice of appeal lodged
*9 (1) Where an appeal is lodged against an order and a recognizance is entered into and the warrant to execute the order has not been issued, such warrant shall not be issued until the appeal is decided or the appellant has failed to perform the condition of the recognizance, as the case may be.
– Where issued, Clerk secure its return.
(2) Where such warrant has been issued but not executed the Clerk shall forthwith notify the Superintendent of the Garda Síochána to whom the warrant was addressed to that an appeal has been lodged and a recognizance entered into and the Superintendent shall return the warrant to the Clerk for cancellation by the Court.
– Where executed, appellent to be discharged on notice of appeal being given.
(3) Where such warrant has been issued and executed before notice of appeal is given or before a recognizance is entered into, the appellant shall, on notice of appeal being given and the recognizance being entered into, forthwith be discharged from custody or from prison. Where such warrant is a warrant of distress such distress shall be returned to the owner.
Order suspended.
(4) Save where otherwise provided by statute or by rules of court, the order appealed from shall be entirely suspended until the appeal is decided or the appellant fails to perform the condition of the recognizance, as the case may be. This rule shall not be taken to over-ride any statute expressly authorising or directing the levy of any sum to be made notwithstanding an appeal.
Clerk to make note of issue.
10. Whenever a warrant is issued for the purpose of enforcing an order made by the Court, the Clerk shall make a note on the minute book, charge sheet, fines register, as appropriate, of the issue of the warrant and its nature and date.
Particulars of offence to be contained in warrant and recognizance.
11. A warrant issued under these Rules and a recognizance entered into under these Rules in respect of an offence shall contain, either in the body thereof, or attached thereto, sufficient particulars to identify the offence or offences the subject of the warrant or recognizance as the case may be.
*Petty Sessions (Ireland) Act, 1851 [s. 23].
Particulars of offence to be contained in warrant and recognizance.
11. A warrant issued under these Rules and a recognizance entered into under these Rules in respect of an offence shall contain, either in the body thereof, or attached thereto, sufficient particulars to identify the offence or offences the subject of the warrant or recognizance as the case may be.
*Petty Sessions (Ireland) Act, 1851 [s. 23].
Amendment to Order 25
S.I. No. 19 of 2016: District Court (Fines) Rules 2015
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 2015.
(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:
(…)
(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.”
(…)
Order 26
Endorsement, Addressing, Execution, Re-Issue Of Warrants
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No26-S.I. No. 203 Of 2007: District Court (Criminal Justice Act 2006) Rules 2007
No26-S.I. No. 149 Of 2016: District Court (Amendment) Rules 2016
Endorsement as to release on bail
1. A Judge, on issuing any warrant of arrest under this Part of these Rules may, if he or she thinks fit, by endorsement on the warrant (Form 26.1 Schedule B), direct that the person named in the warrant be, on arrest, released on his or her entering into a recognisance with or without sureties, for his or her appearance at a sitting of the Court specified in the endorsement, and the endorsement shall fix the amounts in which that person and the sureties (if any) are to be bound.
Addressing of warrants
2. Unless otherwise provided warrants issued under this Part of these Rules shall be addressed for execution to the Superintendent or an Inspector of the Garda Síochána who acts for the place where the warrant is issued; provided that the Court may, if it thinks fit, address any such warrant to any Superintendent or Inspector of the Garda Síochána who acts for any part of the court district in which the warrant is issued.
Extradition warrants
3. Warrants issued under section 26, 27, or 49 of the Extradition Act, 1965, may be addressed to any member of the Garda Síochána in any part of the State and may be executed by any member of the Garda Síochána in any part of the State subject to the provisions of Order 29, rule 12 of these Rules.
4. Warrants of committal may, in the Dublin Metropolitan District, be addressed to the Governor of the Prison into whose custody the person is being committed.
In cases of emergency
5. Notwithstanding the provisions of rule 2 hereof, in any case which appears to the Court by whom any such warrant is issued, to be a case of emergency, the Court may address such warrant to any member of the Garda Siochana within its district, and such member of the Garda Síochána may execute such warrant at any place within the district in which the Court issuing such warrant has jurisdiction, but the member of the Garda Síochána to whom any such warrant is so addressed shall, if the time will permit, show or deliver the same to the Superintendent or Inspector under whose command the said member is, who shall proceed in respect of the same according to the Acts regulating the Garda Síochána.
Certain Warrants may be issued or executed at any time
6. A warrant of arrest, or a warrant to commit a person sentenced to imprisonment without the option of a fine, or a search warrant, may be issued or executed on any day and at any time.
Execution of warrants
7. (1) Where the person against whom the warrant is issued is found or, in case of distress, any goods of such person are found in any place for which the Superintendent or Inspector to whom the warrant is addressed acts, then such Superintendent or Inspector or any other Superintendent or Inspector acting in his or her stead for the time being, or any member of the Garda Síochána appointed by any such Superintendent or Inspector shall execute the warrant.
in other parts of the State
(2) Where such person or the goods of such person, as the case may be, cannot be found in any place for which such Superintendent or Inspector acts, but may be found elsewhere within the State, that Superintendent or Inspector, or any other Superintendent or Inspector acting in his or her stead for the time being, may certify on the warrant (Form 26.2 Schedule B) the place where he or she believes that such person or goods (as the case may be) will be found, and shall forthwith transmit the warrant to the Superintendent of the Garda Síochána who acts for such last-mentioned place, and the warrant shall then be executed as if issued in the first instance to the Superintendent or an Inspector who acts for that last-mentioned place.
(3) The provisions of this rule shall apply notwithstanding that such Superintendent or Inspector does not certify on the warrant the place where he or she believes that the said person or goods will be found, if such place may be ascertained by other means than such certificate.
Goods seized to be sold by auction and any surplus to be paid to owner
*8. (1) Where any goods are seized under a warrant of distress the Superintendent or Inspector of the Garda Síochána to whom the warrant is addressed may sell or authorise any sergeant or member of the Garda Síochána to sell by auction the said goods within such period as shall be specially fixed by the warrant, or, if no period shall be so fixed, then within five days from the day on which they were seized, unless the sum to be levied by the warrant, and also the expenses of taking and keeping such goods, shall have been paid before the goods are sold. Where such goods are sold the surplus, if any, after retaining the amount directed to be levied, together with all reasonable expenses actually incurred in auctioning such goods as well as the expense of taking and keeping the same, shall be paid to the owner of the goods. It shall not be necessary for the person conducting the auction to procure a licence to act as an auctioneer.
Where sale does not satisfy amount to be levied
(2) Where the sale of the said goods does not realise a sum sufficient, after payment of the said expenses, to satisfy the amount ordered to be levied by the warrant, the person to whom the warrant is addressed shall certify thereon accordingly and return the warrant with that certificate endorsed thereon to the Court which issued the same.
Payment to stay execution
(3) Where any person against whom any such warrant is issued pays or tenders to the person having the execution of the warrant the sum in such warrant mentioned, or produces the receipt of the Clerk for the same, and also pays the amount of the expenses of any distress up to the time of such payment or tender, the person having the execution of such warrant shall refrain from executing the same.
If payment made after committal, prisoner to be discharged
(4) Where a person who is apprehended under any warrant of committal pays or causes to be paid to the Governor of the prison in which he or she is imprisoned the sum in the warrant mentioned or such reduced sum as may be determined in accordance with the provisions of section 3 of the Criminal Justice Administration Act, 1914, the said Governor shall receive the same and shall thereupon discharge such person if he or she be in the governor’s custody for no other matter.
Receipt for prisoner
9. Where a warrant to commit a person to prison is issued, the officer or member of the Garda Síochána or other person whose duty it is to convey such person to prison shall deliver the said warrant and the said prisoner to the Governor of the prison named in the warrant, who shall thereupon give to such officer, member or other person a receipt for such prisoner (Form 26.3 Schedule B) but, if the said prisoner is already in the custody of the Governor, the warrant only shall be delivered, or transmitted by post. The Governor shall, subject to the provisions of section 3 of the Criminal Justice Administration Act, 1914, detain the said prisoner for such period and in such manner as is stated in the warrant, and in case of adjournment or remand, or the issue of a body warrant, the Governor shall cause the prisoner to be brought before the Court as is specified and at such time and place as is named in the warrant.
Sums to be paid to Clerk
10. (1) Where a warrant to levy a penalty is issued, the member of the Garda Síochana executing such warrant shall pay the sum levied under it to the appropriate Clerk in accordance with the provisions of the Fines Act (Ireland), 1851.
(2) Where a warrant to levy any sum other than a penalty is issued the member of the Garda Síochána executing such warrant shall pay the sum levied under it to the Clerk of the Court from which the warrant was issued and such Clerk shall pay it to the person entitled to receive it in such manner and subject to such account (if any) as the Court directs.
Return of unexecuted warrants —Court may reissue
11. Where a warrant, other than
—a warrant for the arrest of a person charged with an indictable offence,
—a warrant for the arrest of a person who has failed to appear in answer to a summons in respect of an offence,
—a bench warrant for the arrest of a person who has failed to appear in compliance with the terms of a recognisance, or
—a search warrant,
is addressed, transmitted or endorsed for execution, to any person and he or she is unable to find the person against whom the warrant has been issued or to discover where that person is or where he or she has goods, such person having the execution of the warrant shall return the warrant to the Court which issued the same (within such time as is fixed by the warrant or within a reasonable time, not exceeding six months where no time is so fixed) with a certificate (Form 26.4, Schedule B) endorsed thereon stating the reason why it has not been executed, and the Court may re-issue the said warrant, after examining any person on oath if the Court thinks fit so to do concerning the non-execution of the warrant, or may issue any other warrant for the same purpose from time to time as shall seem expedient.
*Petty Sessions (Ireland) Act, 1851 [s. 32].
Amendment to Order 26
S.I. No. 203 of 2007: District Court (Criminal Justice Act 2006) Rules 2007
6. Order 26 of the District Court Rules 1997 (S.I. No.93 of 1997) shall be amended by
(i) the substitution for rule 2 of the following—
“2. Warrants issued under this Part of these Rules shall be addressed in accordance with the provisions of section 25 of the Petty Sessions (Ireland) Act 1851, as substituted by section 193 of the Criminal Justice Act 2006. Save where the Court otherwise directs, either on the application of any person or otherwise, where particulars of the Garda Síochána district within which the person named in the warrant resides are available when the warrant is prepared, the warrant shall be addressed to the superintendent or an inspector of the Garda Síochána for that Garda Síochána district, but in any other case the warrant shall be addressed to the superintendent or an inspector of the Garda Síochána for the Garda Síochána district within which the place where the warrant is issued is situated.”, and
(ii) the substitution for rule 7 of the following—
“7. (1) Where, in case of distress, any goods of the person against whom the warrant is issued are found in any place for which the Superintendent or Inspector to whom the warrant is addressed acts, then such Superintendent or Inspector or any other Superintendent or Inspector acting in his or her stead for the time being or any member of the Garda Síochána appointed by any such Superintendent or Inspector shall execute the warrant.
(2) Where the goods of such person cannot be found in any place for which such Superintendent or Inspector acts, but may be found elsewhere within the State, that Superintendent or Inspector or any other Superintendent or Inspector acting in his or her stead for the time being, may certify on the warrant (Form 26.2 Schedule B) the place where he or she believes that such goods will be found, and shall forthwith transmit the warrant to the Superintendent of the Garda Síochána who acts for the last-mentioned place, and the warrant shall then be executed as if issued in the first instance to the Superintendent or an Inspector who acts for the last-mentioned place.
(3) The provisions of this rule shall apply notwithstanding that such Superintendent or Inspector does not certify on the warrant the place where he or she believes that the said goods will be found, if such place may be ascertained by other means than such certificate.”
Amendment to Order 26
S.I. No. 149 of 2016: District Court (Amendment) Rules 2016
1. (1) These Rules, which may be cited as the District Court (Amendment) Rules 2016, shall come into operation on the 3rd day of May 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 2016.
2. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:
(…)
(ii) the substitution for rule 4 of Order 26 of the following rule;
“Warrants of committal in Dublin Metropolitan District
4. Warrants of committal may, in the Dublin Metropolitan District, be addressed to the Governor of the Prison into whose custody the person is being committed.”
(…)
Order 27
Estreatment Of Recognisances Forfeiture Of Money Lodged
: 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):
No27-S.I. No. 41 Of 2008: District Court (Criminal Justice Act 2007) Rules 2008
No27-S.I. No. 260 Of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
No27-S.I. No. 225 Of 2019: District Court (Estreatment) Rules 2019
Estreatment of recognisances forfeiture of money lodged1
Judge to certify non-performance of condition
1. Where, upon the non-performance of a condition of a recognisance which the Court has power to estreat, it is intended to apply to the Court for an order to estreat the recognisance or for an order to forfeit a sum of money which was lodged in lieu of a surety or sureties by the party entering into the recognisance, the recognisance shall first be produced to a Judge assigned to the court district wherein it is then deposited, who may, upon having such proof as the Judge shall think fit, endorse on the recognisance a certificate in the Form 27.1 Schedule B, and such certificate shall be evidence of the non-performance of any condition of the recognisance certified therein.
Venue for application to estreat or to forfeit
2. An application for an order to estreat such recognisance or to forfeit such sum of money shall be made by a superintendent of the Garda Siochana and may be made at any subsequent sitting of the Court at which the order directing that the recognisance be entered into was made or before which the principal party was bound by the recognisance to appear.
Notice of application – to estreat
3. (1) Such application for an order to estreat shall be preceded by the issue and service of a notice in the Form 27.2 Schedule B upon the principal party or the surety or sureties to the recognisance or upon all or any of them as appropriate notifying them of such application.
– to forfeit money lodged
(2) Such application for an order to forfeit a sum of money lodged in lieu of a surety or sureties shall be preceded by the issue and service of a notice in the Form 27.3 Schedule B upon the party by whom the said sum was lodged.
– Service of notice
(3) A notice issued under this rule shall be served upon each person to whom it is directed in accordance with the provisions of Order 10, rule 3 (1) of these Rules or by ordinary post and shall be served at least seven days before the date fixed for hearing the application.
(4) Where the person upon whom it is proposed to serve a notice issued under this rule has not a fixed address within the State, service of the notice upon that person may be effected in such manner as the Judge shall direct.
(5) Where, however, it is proposed to serve a notice of application for an order to forfeit a sum of money lodged in lieu of a surety or sureties and the Judge is satisfied, upon application made in that behalf, that the person to be served has not a fixed address within the State and that the person’s whereabouts are unknown and cannot be ascertained by reasonable enquiries, the Judge may, if considering it proper to do so, by order dispense with service in such case
– Lodgment of notice
(6) When service of a notice issued under this rule has been effected, the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date fixed for the hearing.
Order of the court
4. The Court, on hearing an application aforementioned and upon production of the recognisance with the certificate aforesaid endorsed thereon and on hearing any further evidence (if any) tendered in support of the application, may,
(a) where the application is for an order to estreat a recognisance, make an order in the Form 27.4, Schedule B (which may be by way of an endorsement on the recognisance) to estreat the recognisance in such amount or amounts and against the principal party or the surety or sureties or against all or any of them as the Court thinks fit,
2Provided that a recognisance shall not be estreated against any person who has not been served with the notice of application to estreat; or
– to forfeit money lodged
(b) where the application is for an order to forfeit a sum of money lodged in lieu of a surety or sureties, make an order in the Form 27.5 Schedule B (which may be by way of an endorsement on the recognisance) directing the forfeiture of the sum of money lodged or any part thereof.
Clerk to send notices
5. (1) Whenever the Court makes an order to estreat a recognisance the Clerk shall send by ordinary post to each person against whom the order was made a notice in the Form 23.1 Schedule B (with any necessary modifications) informing that person of the making of the order, of the amount in which the recognisance has been estreated against that person and of the time (if any) allowed for payment thereof.
(2) Whenever the Court makes an order directing the forfeiture of a sum of money lodged in lieu of a surety or sureties (or part thereof) the Clerk shall, if the whereabouts of the person by whom the sum of money was lodged are known, notify such person of the making of the said order and of the amount of money which was directed to be forfeited.
Where such amount is less than the sum of money lodged the balance shall be repayable to such person.
Enforcement of order – by distress
6. (1) Where an order to estreat a recognisance has not been complied with, the Court may, at any time after the expiration of the time allowed for payment or, if no such time was allowed, at any time after the making of the order to estreat, issue a warrant in the Form 27.6 Schedule B to levy the amount due by any person under the order by distress and sale of the goods of such person.
by committal
3(2) At any time after the issue of such warrant of distress the said superintendent may, having first given at least seven days’ notice of the application (in the Form 27.7 Schedule B) to the person against whom the warrant of distress was issued (the respondent) and having lodged the original of that Form with the Clerk, apply to the Court for the issue of a warrant to commit the respondent to prison, and the Court may, if satisfied on hearing the applicant that it was found impossible to execute that warrant of distress, issue a warrant (Form 27.8, Schedule B) to commit the respondent to prison for a term not exceeding the appropriate period specified in the scale set out in Order 23, r.7 of these Rules, and thereupon the applicant shall return the warrant of distress to the Court for cancellation.
In case of peace recognisance – fresh bond may be required
7. Where the Court estreats as against the principal party a recognisance to keep the peace or to be of good behaviour or to keep the peace and to be of good behaviour it may, in addition to estreating the recognisance, order the principal party to enter into a fresh recognisance during the period for which it would have remained in force but for the order to estreat.
PROCEDURE UNDER BAIL ACT 1997
Estreatment and forfeiture
8. (a) Where an accused person who is admitted to bail on his or her entering into a recognisance with or without a surety or sureties conditioned for his or her appearance before a specified court on a specified date and at a specified time and place fails to appear in accordance with his or her recognisance and the court issues a warrant for the arrest of the person, the court shall order the recognisance of the person and of any surety or sureties to be estreated and shall order the forfeiture of the amount paid into court by the accused person and any surety or sureties
(b) Where a person is brought before a court pursuant to section 9(6) and the court is satisfied that the person has contravened a condition of his or her recognisance, the court shall order the recognisance of the person and of any surety or sureties to be estreated and the moneys paid into court by the accused person and any surety or sureties or any part thereof to be forfeited.
Notice of
(c) Notice of the order in the Form 27.9 Schedule B shall be served on the accused and on any surety or sureties by prepaid ordinary post.
Vary/Discharge Application
9. (a) An application to vary or discharge an estreatment or forfeiture order made under section 9(1) or 9(7) may be made within 21 days of the making of the order. ( Form 27.10 Schedule B). Notice of the application shall be served on the prosecutor by prepaid ordinary post at least seven days before the hearing of the application.
Order
(b) An order varying or discharging an estreatment or forfeiture order shall be in the Form 27.11 Schedule B.
Enforcement
10. Orders for estreatment made under this Act shall be enforced in accordance with rule 6 of this Order.
1 Petty Sessions (Ireland) Act, 1851
2 see the Petty Sessions (Ireland) Act, 1851 (sec. 34)
3 See The Fines Act (Ireland) 1851, [s.31