All criminal prosecutions are initiated in the District Court, with the exception of certain offences dealt with by the Special Criminal Court (generally offences against the State).
What offences does the District Court deal with?
All offences fall into one of three categories:
- Summary: an offence which can be dealt with by a judge sitting without a jury. Most road traffic offences (such as those relating to speeding, parking and insurance) and public order offences are always dealt with in the District Court.
- Indictable: an offence which must generally be tried before a judge and a jury. Some indictable offences can never be dealt with in the District Court (for example, murder and rape). These are commenced in the District Court but are sent forward to a higher court for trial or sentence. Other indictable offences can be dealt with in the District Court provided certain procedures are followed.
- Hybrid: an offence which can be dealt with either in the District Court (summarily) or in a higher court (on indictment). The legislation will state the different punishments on summary conviction and on indictment.
How are criminal matters brought before the District Court?
A person is brought before the court either by way of a summons or charge sheet.
Summons
A summons is a legal document which outlines details of the offence a defendant is alleged to have committed. It requires the defendant to appear in a specific court on a specific date and time. A summons may be issued by different bodies including An Garda Síochána, other Government agencies, An Post, and county councils.
Charge sheet
A charge sheet is a document produced by An Garda Síochána containing details of the offence with which a defendant has been arrested and charged. A person enters a station bail bond before being released from the Garda station. This requires the defendant to appear in a specific court on a specific date and time.
What is bail and how does it work?
Bail is when a person enters a written bond, also known as recognisance, committing to appear before the court to answer the charges made against them. Bail is based on the principle that the accused is presumed innocent until proven guilty. A person may be required to lodge money as part of their bail.
Types of bail
- Station bail: a person arrested and brought to a Garda station can be charged by way of charge sheet and released on station bail to appear before a court at a specific date and time. They may be required to lodge money before being released from Garda custody.
- District Court bail: when a person is brought before the court, the judge may release them on bail and set conditions attached to the bail. The person may be required to lodge money before being released from court. The court may decide that an independent surety is required to guarantee the appearance of the accused person. An independent surety is a person who makes themselves responsible for the appearance of the accused person in court. They promise to pay a sum of money to the court if the accused person does not appear as agreed. The court must approve the independent surety.
- High Court bail: when a person is charged with treason, war crimes, murder, attempt to murder, conspiracy to murder, piracy or genocide, the District Court does not have the power to grant bail. Certain offences under the Offences Against the State Act, 1939 and the Official Secrets Act, 1963 also rule out the granting of bail in the District Court. In those cases, the accused person or their legal representative must apply to the High Court for bail.
Appeal to the High Court
A person refused bail in the District Court may appeal to the High Court. A person may also appeal to the High Court to reduce the amount of bail or to contest a condition of the bail set by the District Court.
Refund of bail
Bail money is returned when the case is completed in court and all conditions set by the court have been complied with. It is not returned if the accused person fails to appear in court. In that case the bail amount is estreated (or forfeited).
If you are admitted to bail and then fail to attend for your court appearance, the judge will issue a bench warrant. The warrant gives An Garda Síochána power to arrest you and bring you before the court to answer all charges relating to the bail. A warrant may also issue if you fail to comply with any of the bail conditions. A breach of bail may also result in an additional charge against you.
Appeals to the Circuit Court
Decisions of the District Court can be appealed to the Circuit Court with some exceptions (for example, an order dismissing a complaint and directing the complainant to pay costs; or a refusal to grant legal aid). The appeal is a rehearing of the matter before the Circuit Court.
How to appeal a decision of the District Court
You should lodge the notice of appeal together with a statutory declaration of service with the District Court Clerk in the court area where the decision was made within 14 days of the date of the decision. If the judge orders that money be lodged with the appeal you must lodge the money with the appeal documents.
How to extend time to lodge an appeal
You can apply to the District Court for an extension of time to lodge the appeal. You must notify the prosecutor in the matter of your intention to apply for an extension of time.
How to set appeal bail (recognisance)
Appeal bail is generally set during the hearing of the case. If it is not, you can apply ex parte (without giving notice to the other party) to the court to set appeal bail to enable you lodge an appeal.
The form of recognisance serves to stay the execution (operation) of the District Court order. For example, if you are disqualified from driving by the District Court and an appeal is not lodged within 14 days of the date of the decision, you are automatically disqualified from the 15th day.
You can apply to the court to set appeal bail to lodge an appeal after the 14th day from the date of the decision.
Fines imposed in the District Court
A fine is the amount of money the judge decides has to be paid as punishment for an offence. The court sets out the amount to be paid and the number of days allowed for payment. The court office issues the fines notice after the court hearing.
Fine payment options
You can pay a fine in full or by instalment. Payment in full can be made at any court office, An Post office, or online within the time allowed by the judge.
You can pay by instalment, in An Post offices only, if:
- the fine is more than €100.00
- the first payment is made within 42 days of the fine being imposed by the court
- the first payment is equal to or greater than 10% of the fine
If you choose to pay by instalment you have one year and 42 days to pay the full fine. After the first instalment, each subsequent payment is due within 30 days of the previous payment (subject to a minimum of €5.00). You will receive a payment plan after you pay the first instalment.
The first instalment must be paid within six weeks of the court decision. If it is not paid, you must pay the full amount of the fine and cannot elect to pay by instalment.
Where to pay a fine
- selecting the Online Fines Payment option on this website
- calling to any An Post office
- phoning 01 7057600 (or geographical alternative 065 9080208)
- posting your payment together with your fines notice in the pre-paid addressed envelope provided with your fines notice
Payment by post should be made to the Courts Service. Do not send cash in the post. We will not accept post-dated cheques.
How to pay a fine
How you pay depends on how and where you choose to pay the fine. You can pay by cash (Euro), cheque (drawn on an Irish bank), credit card (Visa/Mastercard), debit card (Visa/Mastercard/Maestro), postal or money order, or bank draft.
What happens if I don’t pay my fine?
If your fine remains unpaid or if you do not pay an instalment by the due date, you will receive a fines enforcement notice. It will tell you the date and time you must attend for another hearing. At that hearing you will be given an opportunity to pay the outstanding fine in full or the judge may opt for one of the following (in order):
- attachment of earnings
- recovery order (only for fines over €500 or corporate fines)
- community service
- imprisonment
Restoring a driving licence
How can I apply to have my driving licence restored following a court disqualification?
To apply to have your licence restored:
- you must have served a disqualification period of more than two years
- half the period of disqualification must have elapsed by the time you make your application
- it must be the first such application you have made in ten years
You can bring an application at the District Court where the order was made.
Want to pay by card?
We accept payment cards for the following payment types:
- Civil applications: debit and credit cards
- Small claims applications: debit and credit cards
- Fines: debit and credit cards
- Poor Box: debit and credit cards
- Family law payments: debit cards only
- Bail*: debit cards only
- Independent sureties*: debit cards only
* Bail and independent sureties are subject to a €500 maximum payment.
We cannot accept payment cards in the following instances:
- when used in conjunction with cash or cheques
- from virtual cards and mobile apps (including Revolut, Apple Pay, Google Pay, etc.)
