Court Rules

1. These rules may be cited as the District Court (Criminal Justice (Mutual Assistance) Act 2008) Rules 2010

2. These rules shall come into operation on the 5th day of April, 2010 and shall be construed together with the District Court Rules 1997 to 2010.

3. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:

(...)

(v) by the insertion immediately following rule 20 of Order 34 of the following:

- Under the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008)

“21. (1) An application pursuant to section 74(7) of the Criminal Justice (Mutual Assistance) Act 2008 by a member of the Garda Síochána not below the rank of inspector for the issue of a warrant pursuant to section 74(8) of the said Act may be made to the Judge of the District Court assigned to the District Court District where the place concerned is situated, by the information on oath and in writing of such member in the  Form 34.45, Schedule B. A warrant granted on foot of such information shall be in the  Form 34.46, Schedule B.

(2) An application under section 75(8) of the said Act of 2008 by a member of the Garda Síochána not below the rank of inspector for an order under section 75(10)(a) of the said Act of 2008 that a person produce evidential material to a named member of the Garda Síochána so that he or she may take it away, or give such member access to it, and/or for an order under section 75(10)(b) of the said Act to require any person who appears to the Judge to be entitled to grant entry to the place to allow the member to enter it to obtain access to the material may be made to the Judge of the District Court assigned to the District Court District wherein the evidential material is situated by the information on oath and in writing of such member in the  Form 34.47, Schedule B. An application by a member of the Garda Síochána for an order under section 75(10)(b) of the said Act of 2008 may be made to the Judge of the District Court assigned to the District Court District wherein the evidential material is situated by the information on oath and in writing of such member in the  Form 34.48, Schedule B. An order made under section 75(10) of the said Act of 2008 on foot of such information shall be in the Form 34.49, Schedule B.

(3) An application for an order under section 75(14) of the said Act of 2008 varying or discharging an order made under section 75(10) shall, unless the Judge otherwise permits, be preceded by the issue of a notice of application in the Form 34.50, Schedule B. A copy of the notice of application shall be served upon the member of the Garda Síochána named in the order or the person to whom the order relates not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The original order shall be produced in court on the hearing of any application for an order varying or discharging it. Any variation ordered may be endorsed on the original or a copy of the order and dated and signed by the Judge.

- Under section 63 of the Criminal Justice Act 1994 (No. 15 of 1994)(as substituted by section 105(g) of the Criminal Justice (Mutual Assistance) Act 2008

22. (1) An application under section 63(1) of the Criminal Justice Act 1994 by a member of the Garda Síochána for an order under section 63(3) of the said Act that a person produce material to a named member of the Garda Síochána so that he or she may take it away, or give such member access to it, may be made to the Judge of the District Court assigned to the District Court District wherein the material is situated, by the information on oath and in writing of such member in the Form 34.51, Schedule B. An order made on foot of such information shall be in the   Form 34.52, Schedule B.

(2) An application under section 63(7) of the said Act for an order varying or discharging an order made under section 63(3) shall, unless the Judge otherwise permits, be preceded by the issue of a notice of application in the  Form 34.53, Schedule B. A copy of the notice of application shall be served upon the member of the Garda Síochána named in the order or the person to whom the order relates not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The original order shall be produced in court on the hearing of any application for an order varying or discharging it. Any variation ordered may be endorsed on the original or a copy of the order and dated and signed by the Judge.”

4. The Forms in Schedule 1 shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).