{"id":1404,"date":"2021-07-19T22:46:00","date_gmt":"2021-07-19T22:46:00","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1404"},"modified":"2024-03-21T21:51:10","modified_gmt":"2024-03-21T21:51:10","slug":"district-court-procedure","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/district-court-procedure\/","title":{"rendered":"DC Procedure I"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/#Jurisdiction_of_District_Court\" title=\"Jurisdiction of District Court\">Jurisdiction of District Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/#Representatives\" title=\"Representatives\">Representatives<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/#Summons\" title=\"Summons\">Summons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/#Prior_Access_to_Evidence\" title=\"Prior Access to Evidence\">Prior Access to Evidence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/#Adjournment\" title=\"Adjournment\">Adjournment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/#Amend_Summons\" title=\"Amend Summons\">Amend Summons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/#Summons_Witness_and_Contempt\" title=\"Summons Witness and Contempt\">Summons Witness and Contempt<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#CRIMINAL_JUSTICE_ACT_1951\" title=\"CRIMINAL JUSTICE ACT, 1951.\">CRIMINAL JUSTICE ACT, 1951.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Clearing_of_court_and_prohibition_of_reports_of_proceedings\" title=\"Clearing of court and prohibition of reports of proceedings.\">Clearing of court and prohibition of reports of proceedings.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#CRIMINAL_PROCEDURE_ACT_1967\" title=\"CRIMINAL PROCEDURE ACT 1967\">CRIMINAL PROCEDURE ACT 1967<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Power_to_remand\" title=\"Power to remand.\">Power to remand.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Remand_in_custody_or_on_bail_by_the_District_Court\" title=\"Remand in custody or on bail by the District Court.\">Remand in custody or on bail by the District Court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Form_of_recognisance\" title=\"Form of recognisance.\">Form of recognisance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Period_of_remand\" title=\"Period of remand.\">Period of remand.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Remand_to_custody_of_Garda_Siochana\" title=\"Remand to custody of Garda S\u00edoch\u00e1na.\">Remand to custody of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Acceptance_of_deposit_in_lieu_of_sureties\" title=\"Acceptance of deposit in lieu of sureties.\">Acceptance of deposit in lieu of sureties.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Provisions_as_to_admission_to_bail\" title=\"Provisions as to admission to bail.\">Provisions as to admission to bail.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Bail_in_case_of_treason_murder_and_certain_other_offences\" title=\"Bail in case of treason, murder and certain other offences.\">Bail in case of treason, murder and certain other offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Release_on_bail_in_certain_cases_by_members_of_Garda_Siochana\" title=\"Release on bail in certain cases by members of Garda S\u00edoch\u00e1na.\">Release on bail in certain cases by members of Garda S\u00edoch\u00e1na.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#CRIMINAL_JUSTICE_ACT_2006\" title=\"CRIMINAL JUSTICE ACT 2006\">CRIMINAL JUSTICE ACT 2006<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Restriction_of_section_104_of_Petty_Sessions_Ireland_Act_1851\" title=\"Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.\">Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Exercise_of_jurisdiction_by_District_Court_judges_in_criminal_cases\" title=\"Exercise of jurisdiction by District Court judges in criminal cases.\">Exercise of jurisdiction by District Court judges in criminal cases.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Amendment_of_Courts_Supplemental_Provisions_Act_1961\" title=\"Amendment of Courts (Supplemental Provisions) Act 1961.\">Amendment of Courts (Supplemental Provisions) Act 1961.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Exercise_of_jurisdiction_by_Circuit_Court_judges_in_indictable_offences\" title=\"Exercise of jurisdiction by Circuit Court judges in indictable offences.\">Exercise of jurisdiction by Circuit Court judges in indictable offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/district-court-procedure\/2\/#Exercise_of_certain_powers_by_judge_of_District_Court_outside_district_court_district\" title=\"Exercise of certain powers by judge of District Court outside district court district.\">Exercise of certain powers by judge of District Court outside district court district.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Jurisdiction_of_District_Court\"><\/span>Jurisdiction of District Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The District Court may only hear cases where it has jurisdiction by statute.\u00a0 Legal representatives or parties may challenge the jurisdiction or the validity of proceedings.\u00a0 This will generally be done at the outset of the proceedings.<\/p>\n<p>Laws may not be challenged as to their invalidity under the Constitution in the District Court or Circuit Court.<\/p>\n<p>Generally, District Court proceedings are held in public.\u00a0 The public may be excluded that the discretion of the court in certain cases.\u00a0 For example, if a criminal proceeding involves material of an indecent or obscene nature, \u00a0involve a child witness or party or if circumstances otherwise justify it, the court may restrict access. Bona fide representatives of the press and others may be permitted to remain.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Representatives\"><\/span>Representatives<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The parties are entitled to appear personally or through their legal representative.\u00a0 Prosecutions may be made by the DPP or by individual members of an Garda Siochana. With the leave or consent of court certain close \u00a0relatives of the accused may appear on his behalf.<\/p>\n<p>A District Court judge wears a black coat and gown of a uniform nature.\u00a0 This does not apply in family law cases.\u00a0 A judge is generally referred to as judge or a bhreithimh.<\/p>\n<p>Where a person is blind or partly sighted, whether a party or legal representative, the court may permit him to be accompanied by such other \u00a0person as may be required to give assistance.<\/p>\n<p>Certain witnesses can be heard by a video link.\u00a0 In particular person&#8217;s in prison may give evidence to video link.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Summons\"><\/span>Summons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An accused may appear only in order to challenge a summons or defect in the proceedings.\u00a0 However, unless he appears specifically to so challenge, attendance will cure any defect in the summons.\u00a0 Unlike other documents, the proceedings are founded on the summons.\u00a0 The summons is a mechanism to procure attendance in court to answer \u00a0a complaint.<\/p>\n<p>If an accused appears and pleads guilty, he may be sentenced or fined, immediately or on an adjourned occasion.\u00a0 If he appears and does not plead guilty, then the complaint is dealt with by way of a hearing.\u00a0 If accused does not appear and the prosecution appears, the case may be heard in his absence.\u00a0 There will be nobody present to give evidence to rebut the complaint and he is more likely to be convicted.<\/p>\n<p>As an alternative to \u00a0hearing, the court may issue a warrant to compel his attendance.\u00a0 The warrant is executed by an Garda Siochana<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Prior_Access_to_Evidence\"><\/span>Prior Access to Evidence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is a basic obligation of the judge to adopt and ensure fair procedures at hearings.\u00a0 The general rules of evidence and court procedures should generally assure the requisite standard of fairness as required by the Constitution.\u00a0 However, circumstances may require modification of the usual rules to ensure fair procedures in the circumstances.<\/p>\n<p>Generally, in summary trials, there is no right to access the documents in advance. .\u00a0 This is in contrast with trials on indictment, where a full book of evidence is prepared and served long before the trial. If necessary in the interests of justice, an accused may be entitled to copies of the witness statement and other evidence held by the prosecution, in a summary trial.<\/p>\n<p>The judge decides whether in the circumstances the accused should be entitled to a copy of the evidence in advance.\u00a0 The right follows from the requirements of constitutional fair procedures and would arise in serios cases, in particular where there is a significant risk of imprisonment.<\/p>\n<p>The general rule that a person is not supplied with a copy of the evidence applies to indictable offences tried summarily.\u00a0 However, in some circumstances, fundamental fairness \u00a0requires that such statement as are appropriate be furnished.\u00a0 This will depend on the importance of the statements, the seriousness of the charge, whether the accused had already been informed of the charge and the likelihood of injustice.<\/p>\n<p>It is a matter for the District judge to determine what evidence should be furnished.\u00a0 The accused should generally request the evidence informally and if refused, \u00a0the matter may be listed before the judge.<\/p>\n<p>The general principle in such cases, is that the prosecution is obliged to disclose \u00a0relevant evidence and its possession. The extend of the duty depends on what is appropriate, having\u00a0 regard to constitutional justice, fair procedures, and due process of law.<\/p>\n<p>Where no statements exist from witnesses, a general statement of the evidence proposed be tendered should be served.\u00a0 The court may require that the accused receives the copy of the recording of Garda questioning. The court may make the order at its discretion and subject to such conditions as it specifies.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Adjournment\"><\/span>Adjournment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A judge may adjourn any proceedings to another occasion or to some other place in the District. A judge may adjourn proceedings on such terms as he sees fit.\u00a0 They may be adjourned generally with liberty to reenter.\u00a0 In this case. they may be reentered by giving not less than ten days\u2019 notice to the court office and other side and lodging proof of notice of the proceedings within four days.<\/p>\n<p>The court may adjourn an application and notify the accused in lieu of hearing the complaint or issuing a warrant. It may do so, if it considers that it is undesirable in the interest of justice due to the seriousness of the offence, to hear the matter in the absence of the accused.<\/p>\n<p>The court has discretion as to the terms as granting and adjournment and as to the terms on which it might be granted.\u00a0 A judge may adjourn proceedings peremptorily which means that generally, no further adjournments will be granted.\u00a0 A judge may grant a further adjournment, as the earlier adjournment cannot bind him on the later occasion.<\/p>\n<p>Where a \u00a0case is adjourned, a person may be remanded in custody or on bail.\u00a0 Remanding in custody would only apply to more serious offences. See our chapter in relation to bail and remand.<\/p>\n<p>Where are case takes more than two hours, it will generally be fixed for a particular hearing date.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Amend_Summons\"><\/span>Amend Summons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A judge may amend any summons for the purpose of determining the real questions at issue.\u00a0 The amendment may be granted on such terms as the judge sees fit.\u00a0 If the amendment is such as prejudices any parties, he may adjourn the case or if necessary refuse the amendment or strike out the proceedings.<\/p>\n<p>Where there is a variation between the evidence offered as to the time or place where the offences commit, the variation is not to be deemed material provided the offence was committed within any applicable time limit and the defendant resides within the jurisdiction of the District Court.\u00a0 The judge may amend the summons in accordance with the above criteria or procedure.<\/p>\n<p>An \u00a0amendment may be made pursuant to an application to the judge. If the variation or amendment in the summons is such as to have misled or prejudiced the accused, or \u00a0might affect the merits of the case, the court may refuse to make the amendment and may dismiss the proceedings either without prejudiced, or on the merits and finally.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Summons_Witness_and_Contempt\"><\/span>Summons Witness and Contempt<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any person who requires a witness to attend court to give evidence or produce a document may procure the issue of a witness summons from the court office. This \u00a0must be served at least three days before the hearing.<\/p>\n<p>As with other courts, a person may be punished for contempt of court either in the face of the court or for refusal to obey a court order.\u00a0 A person may be committed to prison for contempt of court.<\/p>\n<p>For a person who has been summonsed as a witness fails or refuse to appear without just excuse, then upon proof of service that person may be arrested on foot of a \u00a0warrant issued by the court. Where the judge is satisfied on an application that the person will probably not attend without being compelled to do so or warrant may be issued in the first instance.<\/p>\n<p>If a person is brought before the court on foot of his arrest, the judge may remand him in custody or on bail on entry into a recognizance.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE ACT, 1951.<\/h2>\n<p>&nbsp;<\/p>\n<h4>Clearing of court and prohibition of reports of proceedings.<\/h4>\n<p>20.\u2014(1) On the preliminary investigation of an indictable offence the Court may, if satisfied that it is expedient for the purpose of ensuring that the accused will not be prejudiced in his trial, do any one or more of the following:\u2014<\/p>\n<p>(a) subject to subsection (4), exclude the public or any particular portion of the public or any particular person or persons except bona fide representatives of the Press from the court during the hearing;<\/p>\n<p>(b) prohibit the publication of information in relation to the proceedings or any particular part of them;<\/p>\n<p>(c) impose restrictions or limitations on publication.<\/p>\n<p>(2) An order of the District Court under paragraph (b) or paragraph (c) of subsection (1) shall cease to be in force\u2014<\/p>\n<p>(a) if the accused is dealt with summarily\u2014at the conclusion of the proceedings in the District Court;<\/p>\n<p>(b) if informations are refused\u2014on the expiration of one month after such refusal unless, within that month, the accused is sent forward for trial by direction of the Attorney-General;<\/p>\n<p>(c) if the accused is sent forward for trial\u2014on the conclusion of the trial or the entry of a nolle prosequi.<\/p>\n<p>(3) In any criminal proceedings for an offence which is, in the opinion of the Court, of an indecent or obscene nature, the Court may, subject to subsection (4), exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons as the Court may, in its discretion, permit to remain.<\/p>\n<p>(4) In any criminal proceedings\u2014<\/p>\n<p>(a) where the accused is a person under the age of twenty-one years, or<\/p>\n<p>(b) where the offence is of an indecent or obscene nature and the person with or against whom it is alleged to have been committed is under that age or is a female,<\/p>\n<p>a parent or other relative or friend of that person shall be entitled to remain in Court during the whole of the hearing.<\/p>\n<p>(5) A person who contravenes an order or direction of the Court under this section shall, without prejudice to his liability for any other offence of which he may be guilty, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.<\/p>\n<p>(6) The powers conferred by this section are in addition to any other power of the Court to do all or any of the things which this section authorises.<\/p>\n<p>&nbsp;<\/p>\n<h2>CRIMINAL PROCEDURE ACT 1967<\/h2>\n<p>PART III<\/p>\n<p>Remand<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C32<br \/>\nPart applied with modifications (5.02.2021) by Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 (21\/2020), s. 11(6), S.I. No. 15 of 2021.<\/p>\n<p>Power of court to make supervision decision<\/p>\n<p>11. &#8230;<\/p>\n<p>(6) (a) Subject to subsection (3), where bail is granted under subsection (2) by the District Court, Part III of the Act of 1967 shall, with all necessary modifications, apply to such bail as that Part applies to bail granted under section 22 of that Act.<\/p>\n<p>(b) An appeal may be made under section 28(3)(a) of the Act of 1967 against\u2014<\/p>\n<p>(i) a refusal by the District Court to make a supervision decision under subsection (2), or<\/p>\n<p>(ii) the supervision measures specified in a supervision decision made under subsection (2).<\/p>\n<h4>Power to remand.<\/h4>\n<p>21.\u2014Where an accused person is before the District Court in connection with an offence the Court may, subject to the provisions of this Part, remand the accused from time to time as occasion requires.<\/p>\n<h4>Remand in custody or on bail by the District Court.<\/h4>\n<p>22.\u2014(1) Where the District Court remands a person or sends him forward for trial or sentence, the Court may\u2014<\/p>\n<p>(a) commit him to prison or other lawful custody, or<\/p>\n<p>(b) release him conditionally on his entering into a recognisance, with or without sureties.<\/p>\n<p>In this Part, references to \u201ccustody\u201d are to a committal under paragraph (a) and references to \u201cbail\u201d are to a conditional release under paragraph (b).<\/p>\n<p>F57[(1A) The Court may admit a person to bail without imposing a condition in the recognisance as to payment of moneys into court by the person if it considers it appropriate to do so, having regard to the circumstances of the case, including the means of the person and the nature of the offence in relation to which the person is in custody.]<\/p>\n<p>F58[(1B) A recognisance to which subsection (1) applies may be taken by\u2014<\/p>\n<p>(a) any judge of the District Court, or<\/p>\n<p>(b) any District Court clerk.]<\/p>\n<p>F59[(2) The Court may, instead of taking a recognisance from a person in accordance with subsection (1)\u2014<\/p>\n<p>(a) determine the conditions to be contained in the recognisance, including the amount of any moneys to be paid into court under it, with a view to its being subsequently taken, and<\/p>\n<p>(b) in the meantime commit the person concerned to custody in accordance with paragraph (a) of that subsection. ]<\/p>\n<p>F60[(3) A recognisance to which subsection (2) applies may be taken by\u2014<\/p>\n<p>(a) any judge of the District Court,<\/p>\n<p>(b) any District Court clerk,<\/p>\n<p>(c) a peace commissioner designated for that purpose by order of the Minister for Justice, Equality and Law Reform,<\/p>\n<p>(d) the governor of a prison, or<\/p>\n<p>(e) a prison officer designated for that purpose by the governor of a prison.]<\/p>\n<p>(4) Where a person is brought before the Court after remand under subsection (1) the Court may further remand him.<\/p>\n<p>F61[(5) In this section \u2018prison\u2019 has the same meaning as it has in the Prisons Act 2007.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F57<br \/>\nInserted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 18(a), S.I. No. 236 of 2007.<\/p>\n<p>F58<br \/>\nInserted (4.12.2009) by Courts and Court Officers Act 2009 (36\/2009), s. 25, S.I. No. 477 of 2009.<\/p>\n<p>F59<br \/>\nSubstituted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 18(b), S.I. No. 236 of 2007.<\/p>\n<p>F60<br \/>\nSubstituted (25.10.2007) by Criminal Procedure (Amendment) Act 2007 (36\/2007), s. 1(a), commenced on enactment.<\/p>\n<p>F61<br \/>\nInserted (25.10.2007) by Criminal Procedure (Amendment) Act 2007 (36\/2007), s. 1(b), commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E22<br \/>\nPrevious affecting provision: words inserted into subs. (3) (1.05.2007) by Prisons Act 2007 (10\/2007), s. 41(2), S.I. No. 10 of 2007;substituted as per F-note above.<\/p>\n<p>E23<br \/>\nPrevious affecting provision: subs. (3) substituted (1.07.2007) by Criminal Justice Act 2007 (29\/2007), s. 18(b), S.I. No. 236 of 2007; substituted as per F-note above.<\/p>\n<h4>Form of recognisance.<\/h4>\n<p>23.\u2014(1) Where a person is remanded on bail under section 22 the recognisance shall be conditioned for his appearance before the Court at the end of the period of remand and at every place and time to which during the course of the proceedings the hearing may be adjourned.<\/p>\n<p>(2) The fixing at any time of the time for the next appearance shall be deemed to be a remand.<\/p>\n<p>(3) Nothing in subsection (1) or (2) shall deprive the Court of power at any subsequent hearing to remand him afresh.<\/p>\n<h4>Period of remand.<\/h4>\n<p>F62[24.\u2014 (1) The Court shall not remand a person, on the occasion of that person\u2019s first appearance before the Court charged with a particular offence, for a period exceeding eight days, except where this section otherwise provides.<\/p>\n<p>(2) The Court may remand a person on bail for a period that is longer than eight days if the person and the prosecutor consent.<\/p>\n<p>(3) The Court may remand a person in custody (other than on the occasion of that person\u2019s first appearance before the Court charged with a particular offence) for a period not exceeding fifteen days, save that where the Court is of opinion that in all the circumstances it would be unreasonable to remand the person in custody for a period of fifteen days, the period of remand shall be such period of less than fifteen days as the Court considers appropriate.<\/p>\n<p>(4) The Court may remand a person in custody (other than on the occasion of that person\u2019s first appearance before the Court charged with a particular offence), for a period exceeding fifteen days but not exceeding thirty days, if the person and the prosecutor consent.<\/p>\n<p>(5) F63[(a) If the Court is satisfied that a person who has been remanded in custody is unable to be brought before the Court at the expiration of the period of remand\u2014<\/p>\n<p>(i) by reason of illness or accident, or<\/p>\n<p>(ii) for any other good and sufficient reason,<\/p>\n<p>the Court may, in that person\u2019s absence, remand the person for such further period, which may exceed fifteen days, as the Court considers reasonable. ]<\/p>\n<p>(b) If the Court is satisfied that a person who has been remanded on bail is unable by reason of illness or accident to appear before the Court at the expiration of the period of remand, the Court may, in that person\u2019s absence, remand that person for such further period, which may exceed eight days, as the Court considers reasonable.<\/p>\n<p>(6) (a) Where a person has been remanded in custody and there is no sitting of the Court on the day to which he has been remanded, that person shall stand so remanded to the sitting of the Court next held in the same District Court District.<\/p>\n<p>(b) Where a person has been remanded on bail and there is no sitting of the Court on the day to which he has been remanded, that person shall stand so remanded to the sitting of the Court next held in the same District Court Area.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F62<br \/>\nSubstituted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 4, commenced as per s. 21.<\/p>\n<p>F63<br \/>\nSubstituted (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), s. 37(c), S.I. No. 414 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E24<br \/>\nPrevious affecting provision: subs. (5) substituted (12.07.1986) by Courts (No.2) Act 1986 (26\/1986), s. 8(2), commenced on enactment; substituted as per F-note above.<\/p>\n<h4>Remand to custody of Garda S\u00edoch\u00e1na.<\/h4>\n<p>25.\u2014(1) The Court may, where it remands a person in custody for a period not exceeding four days, commit him to the custody of a member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(2) Outside the Dublin Metropolitan Police District the Court, before so remanding him, shall satisfy itself that suitable facilities are available for the custody of such person during the period of remand.<\/p>\n<h4>Acceptance of deposit in lieu of sureties.<\/h4>\n<p>26.\u2014Where a justice of the District Court F64[\u2026] decides to admit to bail a person charged with an offence, he may direct that a sum of money equivalent to the amount of bail be accepted in lieu of a surety or sureties.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F64<br \/>\nDeleted (15.05.2000) by Bail Act 1997 (16\/1997), s. 11(a), S.I. No. 118 of 2000.<\/p>\n<p>Sufficiency of bailsmen.<\/p>\n<p>27.\u2014F65[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F65<br \/>\nRepealed (15.05.2000) by Bail Act 1997 (16\/1997), s. 12, S.I. No. 118 of 2000.<\/p>\n<h4>Provisions as to admission to bail.<\/h4>\n<p>28.\u2014(1) A justice of the District Court F66[\u2026] shall admit to bail a person charged before him with an offence, other than an offence to which section 29 applies, if it appears to him to be a case in which bail ought to be allowed.<\/p>\n<p>(2) Refusal of bail at a particular appearance before the District Court shall not prevent a renewal of the application for bail at a subsequent appearance or while the accused is in custody awaiting trial.<\/p>\n<p>F67[(3) (a) An applicant for bail or the prosecutor may appeal to the High Court if dissatisfied with a refusal or grant of the application for bail or, where bail is granted, with any matter relating to the bail. ]<\/p>\n<p>(4) When a justice F68[\u2026] grants bail to an accused person who is in custody that person shall, on completion of the recognisance, be released if he is in custody for no other cause than the offence in respect of which bail is granted.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F66<br \/>\nDeleted (15.05.2000) by Bail Act 1997 (16\/1997), s.11(b)(i), S.I. No. 118 of 2000.<\/p>\n<p>F67<br \/>\nSubstituted (1.05.2009 para. (a) only) by Criminal Justice Act 2007 (29\/2007), s. 19, commenced as regards s. 28(3)(a) by Criminal Justice Act 2007 (Commencement) Order 2009 (S.I. No. 165 of 2009), but not commenced as regards subs. (3)(b)-(d) as of 7.05.2013.<\/p>\n<p>F68<br \/>\nDeleted (15.05.2000) by Bail Act 1997 (16\/1997), s. 11(b)(ii), S.I. No. 118 of 2000.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C33<br \/>\nSubs. (3)(b), (c) and (d) inserted by Criminal Justice Act 2007 (29\/2007), s. 19, not commenced as of 7.05.2013.<\/p>\n<p>F67[(3) (a) &#8230;<\/p>\n<p>(b) Where the applicant has been remanded in custody by the District Court and the offence with which the applicant is charged is triable by the Circuit Court, the High Court may transfer the appeal to the judge of the Circuit Court for the circuit in which the prison or place of detention to which the applicant has been remanded is situated.<\/p>\n<p>(c) The judge of the Circuit Court referred to in paragraph (b) shall exercise jurisdiction in respect of the appeal.<\/p>\n<p>(d) An appeal against a decision by the Circuit Court under this section lies to the High Court at the instance of the applicant or prosecutor.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nSubs. (3) was substituted by the Criminal Justice Act 2007 (29\/2007), s. 19. However, only subs.(3)(a) is commenced (see F-note above). This would appear to be sufficient to give effect to the substitution.<\/p>\n<h4>Bail in case of treason, murder and certain other offences.<\/h4>\n<p>29.\u2014(1) This section applies to each of the following offences\u2014<\/p>\n<p>(a) treason,<\/p>\n<p>(b) an offence under section 2 or 3 of the Treason Act, 1939,<\/p>\n<p>(c) an offence under section 6, 7 or 8 of the Offences Against the State Act, 1939,<\/p>\n<p>(d) a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962,<\/p>\n<p>(e) an offence under section 9 of the Official Secrets Act, 1963, or an offence under Part II of that Act committed in a manner prejudicial to the safety or preservation of the State,<\/p>\n<p>(f) murder, attempt to murder, conspiracy to murder or piracy, including an accessory before or after the fact.<\/p>\n<p>F69[(g) an offence under section 3, as amended, of the Geneva Conventions Act 1962 or an offence under section 7 or 8 of the International Criminal Court Act 2006.]<\/p>\n<p>F70[(h) an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000.]<\/p>\n<p>F71[(i) the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence.]<\/p>\n<p>F72[(j) the offence of killing or attempted killing under paragraph (h) or (j) of section 2(1) of the Maritime Security Act 2004.]<\/p>\n<p>F73[(k) the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence.]<\/p>\n<p>F74[(l) an offence under section 71, F75[71A,] 72 or 73 of the Criminal Justice Act 2006.]<\/p>\n<p>(2) A person charged with an offence to which this section applies shall not be admitted to bail except by order of the High Court.<\/p>\n<p>(3) If in the course of proceedings, including proceedings on appeal, in relation to the grant of bail to a person charged with an offence under paragraph (a), (b), (c) or (e) of subsection (1), application is made by the prosecutor, on the ground that the publication of any evidence or statement to be given or made during any part of the hearing would be prejudicial to the safety or preservation of the State, that that part of the proceedings should be in camera, the Court shall make an order to that effect, but the decision of the Court shall be announced in public.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F69<br \/>\nSubstituted (31.10.2006) by International Criminal Court Act 2006 (30\/2006), s. 66 and sch. para. 3(5)(b), commenced on enactment.<\/p>\n<p>F70<br \/>\nInserted (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11\/2000), s. 8(b), commenced on enactment.<\/p>\n<p>F71<br \/>\nInserted (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16\/2000), s. 7(b), commenced on enactment.<\/p>\n<p>F72<br \/>\nInserted (19.07.2004) by Maritime Security Act 2004 (29\/2004), s. 10(b), commenced on enactment.<\/p>\n<p>F73<br \/>\nInserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2\/2005), s. 59(b), commenced on enactment.<\/p>\n<p>F74<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 78(b), S.I. No. 390 of 2006.<\/p>\n<p>F75<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 17(b), commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E26<br \/>\nPrevious affecting provision: subs. (1)(g) inserted (18.12.1973) by Genocide Act 1973 (28\/1973), s. 7, commenced on enactment; substituted by F-note above.<\/p>\n<p>Endorsement on warrants as to release on bail.<\/p>\n<p>30.\u2014F76[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F76<br \/>\nRepealed (15.05.2000) by Bail Act 1997 (16\/1997), s. 12, S.I. No. 118 of 2000.<\/p>\n<h4>Release on bail in certain cases by members of Garda S\u00edoch\u00e1na.<\/h4>\n<p>[1951, s. 14].<\/p>\n<p>31.\u2014F77[(1) Whenever a person is brought in custody to a Garda S\u00edoch\u00e1na station by a member of the Garda S\u00edoch\u00e1na, the sergeant or other member in charge of the station may, if he considers it prudent to do so and no warrant directing the detention of that person is in force, release him on bail and for that purpose take from him a recognisance, with or without sureties, for his due appearance\u2014<\/p>\n<p>(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<\/p>\n<p>(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.]<\/p>\n<p>(2) The recognisance may be estreated in the like manner as a recognisance entered into before a justice is estreated.<\/p>\n<p>F78[(3) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.]<\/p>\n<p>F79[(3A) Any recognisance taken under this section, or any sum of money accepted under this section in lieu of a surety or sureties, shall be given, by the member of the Garda S\u00edoch\u00e1na taking the said recognisance or receiving the said sum of money, to the District Court clerk for the District Court Area in which the sitting of the Court to which the person has been remanded is situated.]<\/p>\n<p>(4) This section 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.<\/p>\n<p>F80[(5) The provisions of this section are without prejudice to the provisions of section 94 of the Children Act, 1908.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F77<br \/>\nSubstituted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 3(a), commenced as per s. 21.<\/p>\n<p>F78<br \/>\nSubstituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 20, S.I. No. 236 of 2007.<\/p>\n<p>F79<br \/>\nInserted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 3(c), commenced as per s. 21.<\/p>\n<p>F80<br \/>\nInserted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 3(d), commenced as per s. 21.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C34<br \/>\nApplication of section extended under certain conditions by Criminal Justice (Public Order) Act 1994 (2\/1994), s. 23B(2) as inserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 184, S.I. No. 390 of 2006.<\/p>\n<p>Fixed charge offences.<\/p>\n<p>23B.\u2014 &#8230;<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a person to whom this section applies is arrested and brought to a Garda S\u00edoch\u00e1na station, and<\/p>\n<p>(b) he or she is a person whom the member of the Garda S\u00edoch\u00e1na in charge of the station is authorised by section 31 of the Criminal Procedure Act 1967 to release on bail,<\/p>\n<p>the member may, instead of releasing the person on bail, release him or her unconditionally after serving on the person personally a notice in the prescribed form stating the matters specified in section 23A(5) or causing it to be so served.<\/p>\n<p>&#8230;<\/p>\n<p>C35<br \/>\nApplication of section to children excluded (1.05.2002) by Children Act 2001 (24\/2001), ss. 68 and 254(3), S.I. No. 151 of 2002.<\/p>\n<p>Release on bail by member of Garda S\u00edoch\u00e1na.<\/p>\n<p>68.\u2014 &#8230;<\/p>\n<p>(7) Section 31 (which deals with release on bail by members of the Garda S\u00edoch\u00e1na) of the Criminal Procedure Act, 1967, shall cease to have effect in relation to a child.<\/p>\n<p>&#8230;<\/p>\n<p>Powers of arrest without warrant, etc.<\/p>\n<p>254.\u2014 &#8230;<\/p>\n<p>(3) Section 68 (which empowers members of the Garda S\u00edoch\u00e1na to release a child on bail in certain cases) shall apply to a child arrested under this section and section 31 of the Act of 1967 shall apply to an adult so arrested.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E27<br \/>\nPrevious affecting provision: the second sentence of subs. (3) was deleted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 3(b), commenced as per s. 21; substituted as per F-note above.<\/p>\n<p>Proceedings to estreat recognisance.<\/p>\n<p>32.\u2014Where a person has failed to appear before a court in accordance with his recognisance, any proceedings to estreat the recognisance shall be taken in that court.<\/p>\n<p>Arrest of accused about to abscond.<\/p>\n<p>33.\u2014F81[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F81<br \/>\nRepealed (15.05.2000) by Bail Act 1997 (16\/1997), s. 12, S.I. No. 118 of 2000.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E28<br \/>\nPrevious affecting provision: words \u201cor a peace commissioner\u201d deleted (15.05.2000) by Bail Act 1997 (16\/1997), s. 11(c), S.I. No. 118 of 2000.<\/p>\n<p>&nbsp;<\/p>\n<h2>CRIMINAL JUSTICE ACT 2006<\/h2>\n<h4>Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.<\/h4>\n<p>177.\u2014 (1) The Criminal Justice Act 1951 is amended by the substitution of the following section for section 7:<\/p>\n<p>\u201cRestriction of section 10(4) of Petty Sessions (Ireland) Act 1851.<\/p>\n<p>7.\u2014 Paragraph 4 (which prescribes time limits for the making of complaints in cases of summary jurisdiction) of section 10 of the Petty Sessions (Ireland) Act 1851 shall not apply to a complaint in respect of:<\/p>\n<p>(a) a scheduled offence, or<\/p>\n<p>(b) an offence that is triable\u2014<\/p>\n<p>(i) at the election of the prosecution, either on indictment or summarily, or<\/p>\n<p>(ii) either on indictment or, subject to certain conditions including the consent of the prosecution, summarily.\u201d.<\/p>\n<p>(2) This section shall not have effect in relation to an offence committed before the commencement of this section.<\/p>\n<p>Amendment of Courts of Justice Act 1924.<\/p>\n<p>178.\u2014 The Courts of Justice Act 1924 is amended by the insertion of the following section after section 79:<\/p>\n<p>\u201c<\/p>\n<h4>Exercise of jurisdiction by District Court judges in criminal cases.<\/h4>\n<p>79A.\u2014 (1) Where, in respect of a crime committed in the State\u2014<\/p>\n<p>(a) the accused does not reside in the State,<\/p>\n<p>(b) he or she was not arrested for and charged with the crime in the State, and<\/p>\n<p>(c) either\u2014<\/p>\n<p>(i) the crime was committed in more than one district court district, or<\/p>\n<p>(ii) it is known that it was committed in one of not more than five district court districts, but the particular district concerned is not known,<\/p>\n<p>then, for the purposes of section 79 of this Act, the crime shall be deemed to have been committed in each of the districts concerned and a judge assigned to any of the districts concerned may deal with the case.<\/p>\n<p>(2) Where the circumstances of a crime committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the district court district in which the crime was committed is not known, then, for the purposes of section 79 of this Act, the crime shall be deemed to have been committed in the Dublin Metropolitan District.<\/p>\n<p>(3) A case does not fall within this section unless it is shown that reasonable efforts have been made to ascertain the whereabouts of the accused for the purposes of arresting him or her for and charging him or her with the crime concerned.<\/p>\n<p>(4) Where a judge for the time being assigned to a district court district exercises jurisdiction in a criminal case by virtue of this section, the judge or any other judge assigned to the district shall have jurisdiction in the case until its conclusion in the District Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in the case.<\/p>\n<p>(5) A judge for the time being assigned to a district court district who exercises jurisdiction in a criminal case by virtue of this section may deal with the case in any court area within his or her district.\u201d.<\/p>\n<h4>Amendment of Courts (Supplemental Provisions) Act 1961.<\/h4>\n<p>179.\u2014 The Courts (Supplemental Provisions) Act 1961 is amended\u2014<\/p>\n<p>(a) in section 25(4), by the insertion of \u201cand section 25A of this Act\u201d after \u201csubsection (3) of this section\u201d, and<\/p>\n<p>(b) by the insertion of the following section after section 25:<\/p>\n<p>\u201c<\/p>\n<h4>Exercise of jurisdiction by Circuit Court judges in indictable offences.<\/h4>\n<p>25A.\u2014 (1) Where, in respect of an offence committed in the State\u2014<\/p>\n<p>(a) the accused person does not reside in the State,<\/p>\n<p>(b) he or she was not arrested for and charged with the offence in the State, and<\/p>\n<p>(c) either\u2014<\/p>\n<p>(i) the offence was committed in more than one circuit, or<\/p>\n<p>(ii) it is known that it was committed in one of not more than three circuits, but the particular circuit concerned is not known,<\/p>\n<p>then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in each of the circuits concerned and a judge of any of the circuits concerned may deal with the case.<\/p>\n<p>(2) Where the circumstances of an offence committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the circuit in which the offence was committed is not known, then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in the Dublin Circuit.<\/p>\n<p>(3) A case does not fall within this section unless it is shown that reasonable efforts have been made to ascertain the whereabouts of the accused person for the purposes of arresting him or her for and charging him or her with the offence concerned.<\/p>\n<p>(4) Where a judge of a circuit exercises jurisdiction in relation to an indictable offence by virtue of this section, the judge or any other judge assigned to the circuit shall have jurisdiction in relation to the offence until the conclusion of proceedings in respect of it in the Circuit Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in relation to the offence.<\/p>\n<p>(5) In this section \u2018offence\u2019 means an indictable offence as respects which jurisdiction is vested in the Circuit Court by section 25 of this Act.\u201d.<\/p>\n<p>Exercise of certain powers by judge of District Court outside district court district.<\/p>\n<p>180.\u2014 The Courts (Supplemental Provisions) Act 1961 is amended by the insertion of the following section after section 32:<\/p>\n<p>6\u201c<\/p>\n<h4>Exercise of certain powers by judge of District Court outside district court district.<\/h4>\n<p>32A.\u2014 (1) This section applies to the following powers of a judge of the District Court:<\/p>\n<p>(a) the power to issue a warrant for the arrest of a person;<\/p>\n<p>(b) the power to issue a warrant to a member of the Garda S\u00edoch\u00e1na or, if appropriate, any other person authorising the entry to, and search of, any place or premises (including a dwelling) and, if appropriate, the search of any person found at such place or premises for all or any of the following purposes:<\/p>\n<p>(i) the gathering of evidence of, or relating to, the commission or attempted commission of any criminal offence;<\/p>\n<p>(ii) the gathering of evidence of, or relating to, the contravention in any other respect of any provision of an enactment;<\/p>\n<p>(iii) ascertaining whether there is or has been compliance with any provision of an enactment;<\/p>\n<p>(iv) the gathering of evidence of, or relating to, assets or proceeds deriving from criminal conduct (within the meaning of section 1(1) of the Criminal Assets Bureau Act 1996) or to their identity or whereabouts;<\/p>\n<p>(c) the power to make an order, upon the application of a member of the Garda S\u00edoch\u00e1na or, if appropriate, any other person, directing another person to produce, make available for inspection or to give access to any particular document, material or thing, or documents, material or things of a particular description, for the purposes of investigating\u2014<\/p>\n<p>(i) any criminal offence,<\/p>\n<p>(ii) whether there is or has been a contravention in any other respect of any provision of an enactment, or<\/p>\n<p>(iii) whether a person has benefited from assets or proceeds deriving from criminal conduct (within the meaning of section 1(1) of the Criminal Assets Bureau Act 1996) or is in receipt of or controls such assets or proceeds.<\/p>\n<p>(2) A judge of the District Court may, in relation to a relevant district, exercise while in any place in the State outside that relevant district any of the powers to which this section applies for the time being conferred on him or her by law if, but only if, he or she would be entitled to exercise the power concerned at a sitting of the District Court in that relevant district.<\/p>\n<p>(3) Without prejudice to the generality of paragraph (b) of subsection (1) of this section, a warrant may fall within that paragraph notwithstanding that the warrant or the power under which it is issued authorises all or any of the following:<\/p>\n<p>(a) the entry, if necessary by the use of force, to a place or premises (including a dwelling);<\/p>\n<p>(b) the doing of acts in addition to the acts specified in subsection (1)(b) of this section;<\/p>\n<p>(c) the execution of the warrant by a person other than the member of the Garda S\u00edoch\u00e1na or, if appropriate, any other person to whom it is issued;<\/p>\n<p>(d) the accompaniment of the person executing the warrant by any other persons during the execution thereof.<\/p>\n<p>(4) Without prejudice to the generality of paragraph (c) of subsection (1) of this section, an order may fall within that paragraph notwithstanding that the order or the power under which it is made authorises all or any of the following:<\/p>\n<p>(a) a member of the Garda S\u00edoch\u00e1na or any other person to enter a place for the purpose of inspecting or getting access to any document, material or thing or documents, material or things of a particular description;<\/p>\n<p>(b) the execution of the order by a person other than the member of the Garda S\u00edoch\u00e1na or, if appropriate, any other person who applies for it;<\/p>\n<p>(c) the retention, or copying, for the purposes of proceedings (criminal or civil) by a member of the Garda S\u00edoch\u00e1na or any other person of any document, material or thing, or documents, material or things of a particular description, produced, made available for inspection or to which access is given.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u2018enactment\u2019 means a statute or an instrument made under a power conferred by statute;<\/p>\n<p>\u2018district\u2019 means a district court district;<\/p>\n<p>\u2018relevant district\u2019, in relation to a judge of the District Court, means a district\u2014<\/p>\n<p>(a) to which he or she is permanently assigned under paragraph 2 of the Sixth Schedule to this Act,<\/p>\n<p>(b) to which he or she is temporarily assigned under subparagraph (1) or (2) of paragraph 3 of the said Schedule, or<\/p>\n<p>(c) in relation to which he or she is acting in the circumstances specified in subparagraph (1), (2) or (3) of paragraph 4 of the said Schedule for another judge of the District Court who is permanently assigned to the district.\u201d.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1404\" data-postid=\"1404\" class=\"themify_builder_content themify_builder_content-1404 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Jurisdiction of District Court The District Court may only hear cases where it has jurisdiction by statute.\u00a0 Legal representatives or parties may challenge the jurisdiction or the validity of proceedings.\u00a0 This will generally be done at the outset of the proceedings. Laws may not be challenged as to their invalidity under the Constitution in the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[180],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1404"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1404"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1404\/revisions"}],"predecessor-version":[{"id":33705,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1404\/revisions\/33705"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1404"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1404"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1404"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}