Court Rules

1. These rules may be cited as the District Court (Probation of Offenders) Rules 2006.

2. These rules shall come into operation on the 20th day of November, 2006 and shall be read together with all other District Court Rules for the time being in force.

3. The District Court Rules 1997 (S.I. No.93 of 1997) shall be amended by the insertion of the following rule immediately following rule 5 of Order 28:

“6. An application by a Probation Officer under section 5 of the Probation of Offenders Act 1907 to vary the terms or conditions of a recognisance entered in accordance with rule 1 shall, except where the Court otherwise directs or permits, be by information on oath and in writing of the Probation Officer in the Form 28.5, Schedule B. Such application may be made at any sitting of the Court for the court district wherein the offender is bound by the recognisance to appear. Where the Court issues a summons to the person bound by the recognisance to appear before it to show cause why such variation should not be made, such summons shall be in the Form 28.6, Schedule B, and shall be served upon the person bound by the recognisance and each surety (if any) at least four days prior to the date fixed for the hearing thereof.

7. An application by a Probation Officer to discharge a recognisance entered in accordance with rule 1 may be made at any sitting of the Court for the court district wherein the offender is bound by the recognisance to appear. Such application shall be preceded by the issue of notice of the application in the Form 28.7, Schedule B, which shall be served upon the person bound by the recognisance and each surety (if any) at least four days prior to the date fixed for hearing the application. Where the Court considers it appropriate, it may dispense with the requirement to give such notice.

8. On any application to vary the terms or conditions of the recognisance, or to discharge a recognisance, the original recognisance shall be produced in Court. Where the Court varies the terms or conditions of the recognisance, the persons bound shall re-acknowledge the recognisance as so varied before the Court on the making of such variation. Where the Court discharges the recognisance, the discharge shall be endorsed on the recognisance by the Judge.”

4.  The Forms numbered Form 28.5, Form 28.6, and Form 28.7, in the Schedule hereto shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).

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