Court Rules

1. These rules may be cited as the District Court (Theft and Fraud Offences) Rules 2003.

2. Save as hereinafter provided, these rules shall come into operation on the 9th day of October, 2003 and shall be read together with all other District Court Rules for the time being in force.

3. (1) The District Court Rules, 1997 (S.I. No. 93 of 1997) shall be amended:

(i) by the substitution for rule 1 of Order 34 of the following:

“- Under the Criminal Justice (Theft and Fraud Offences) Act, 2001 (No. 50 of 2001)

1. (1) An application grounded upon the evidence on oath of a member of the Garda Síochána for a warrant under section 48(2) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 may be made to the District Court Judge for the District Court District wherein the place in respect of which the warrant is sought is situated. A warrant under section 48(2) of the said Act of 2001 which is granted on foot of such information shall be in the Form 34.1, Schedule B.

(2) An application by a member of the Garda Síochána for an order under section 50(2) of the said Act of 2001 for the forfeiture and subsequent disposal of any thing set out in section 50(1) of the said Act of 2001 may be made to the Judge of the District Court for the time being assigned to the District CourtDistrict in which the thing was seized and shall be preceded by the issue and service of a notice of application in the Form 34.2A, Schedule B upon (i) the relevant District Court clerk (ii) the person, if any is identifiable, from whose possession the thing was seized and (iii) any person who has claimed to theapplicant to be the owner of or otherwise interested in the thing. An order under section 50(2) of the Act of 2001 shall be in the Form 34.2B, Schedule B.

(3) An application grounded upon the sworn evidence of a member of the Garda Síochána for an order under section 52(2) of the said Act of 2001 for an order that a person produce material to a member of the Garda Síochána for the member to take away or give such a member access to it for the purposes specified in section 52 of the said Act of 2001 may be made to the District Court Judge for the District Court District in which the person in respect of whom such order is sought resides or carries on any trade or business. An order made under section 52(2) of the Act of 2001 shall be in the Form 34.2C, Schedule B”.

4. The Forms numbered 34.1 and 34.2 in Schedule B of the District Court Rules, 1997 (S.I. No. 93 of 1997) shall be deleted and the Forms numbered 34.1 to 34.2C inclusive in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules, 1997 (S.I. No. 93 of 1997) in substitution therefor.

5. These Rules shall not apply to any proceeding or application in respect of an offence alleged to have been wholly or partly committed before 9th October, 2003.