Court Rules

1. These rules may be cited as the District Court (Children) Rules 2007.

2. These rules shall come into operation on the 27th day of July 2007 and shall be read together with all other District Court rules for the time being in force.

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4. Order 96C of the District Court Rules, 1997 (S.I. No.93 of 1997) is hereby amended by—

(i) the substitution for its title of “Civil Orders under the Criminal Justice Act 2006, Part 11 and Behaviour Orders under the Children Act 2001, Part 12A”, and

(ii) the insertion immediately following rule 6 thereof, of the following—

“7. (1) In this rule:

“the Act” means the Children Act 2001;

“behaviour order” has the meaning given to it by section 257D(1) of the Act, (inserted by section 162 of the Criminal Justice Act 2006).

(2) An application pursuant to section 257D(1) of the Act for a behaviour order may be made at any sitting of the Children Court for the court area in which the respondent resides at the time the application is made.

(3) Notice of an application for a behaviour order shall be in the Form 96C.4, Schedule C and there shall be attached to such notice a copy of the behaviour warning or behaviour warnings or a copy of the written record of the behaviour warning or behaviour warnings issued to the respondent in accordance with section 257B of the Act which are intended to be relied upon in the application. A copy of the notice of application shall be served upon each of the persons referred to in section 257D(8) of the Act not later than fourteen days before the date fixed for the hearing of the application. The original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

(4) A behaviour order shall be in the Form 96C.5, Schedule C. The applicant shall cause a copy of any such order to be served on each of the persons referred to in section 257D(8) of the Act.

(5) An application pursuant to section 257D(7) of the Act for an order discharging or varying a behaviour order may be made at any sitting of the Children Court for the court area in which the child subject to the behaviour order is residing at the time such application is made. Such an application shall be preceded by the issue of a notice of application in the Form 96C.6, Schedule C. A copy of the notice of application (to which shall be attached true copies of the notice of application for a civil order and attachments thereto and of the civil order) shall be served upon each of the persons referred to in section 257D(8) of the Act not later than four days before the date fixed for the hearing of the application, and the original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

(6) Where the Court varies the terms of the behaviour order, the terms of any such variation may be indorsed upon the behaviour order and re-signed by the Judge. Where an order discharging or varying a behaviour order is made in a Court area different from the Court area in which the behaviour order to which the application relates was made, the Clerk shall send to the Clerk assigned to the Court area wherein the behaviour order was made notice that the behaviour order has been discharged, or a copy of the behaviour order as varied, as the case may be.”

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8. The Forms numbered 96C.4, 96C.5 and 96C.6 in the Schedule hereof shall be added to the Forms in Schedule C of the District Court Rules 1997 (S.I. No. 93 of 1997).

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