Court Rules

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No19-S.I. No. 585 Of 2011: District Court (Criminal Procedure Act 2010) Rules 2011
No19-S.I. No. 149 Of 2016: District Court (Amendment) Rules 2016

Remand by the court

1. Where an accused person is before the Court in connection with an offence the Court may remand the accused from time to time as occasion requires and as provided for in section 24 of the Criminal Procedure Act, 1967 [as amended by section 8 of the Courts (No. 2) Act, 1986 and as substituted by section 4 of the Criminal Justice (Miscellaneous Provisions) Act, 1997] and section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997. Where the remand is in custody the warrant of committal shall be in accordance with  Form 19.1, Schedule B. 

Period of first remand by Court

2. (1) The Court shall not remand a person, on the occasion of that person's appearance before the Court charged with a particular offence, for a period exceeding eight days, except where this Order otherwise provides.

(2) Where the Court remands a person on bail, it may remand that person for a longer period than eight days if he or she and the prosecutor consent.

(3) Where the Court remands a person in custody (other than on the occasion of that person's first appearance before the Court charged with a particular offence) it may remand such person for a period not exceeding fifteen days, save that where the Court is of opinion that in all the circumstances it would be unreasonable to remand the person in custody for a period of fifteen days, the period of remand shall be such period of less than fifteen days as the Court considers appropriate.

(4) Where the Court remands a person in custody (other than on the occasion of such person's first appearance before the Court charged with a particular offence), it may remand such person for a period exceeding fifteen days but not exceeding thirty days, if the person and the prosecutor consent.

(5) (a) If the Court is satisfied that a person who has been remanded in custody is unable by reason of illness or accident to be brought before the Court at the expiration of the period of remand, the Court may, in that person's absence, remand that person for such further period, which may exceed fifteen days, as the Court considers reasonable The warrant of committal shall be in accordance with  Form 19.2, Schedule B.

(b) If the Court is satisfied that a person who has been remanded on bail is unable by reason or illness or accident to appear before the Court at the expiration of the period of remand, the Court may, in that person's absence, remand that person for such further period, which may exceed eight days, as the Court considers reasonable.

(6) (a) Where there is no sitting of the Court on the day to which a person is remanded in custody, such person shall stand so remanded to the sitting of the Court next held in the same District Court District, and the Clerk shall forthwith transmit to the Governor of the prison or the person in charge of the remand institution where such person is detained a certificate in the  Form 19.3, Schedule B informing him or her of the time, date and place of such next sitting.

(b) Where there is no sitting of the Court on the day to which a person is remanded on bail, such person shall stand so remanded to the sitting of the Court next held in the same District Court Area. 

Committal to custody of Garda Siochana

3. (1) The Court may, where it remands a person in custody for a period not exceeding four days, commit such person ( Form 19.4, Schedule B) to the custody of a member of the Garda Siochana.

(2) Outside the Dublin Metropolitan Police District the Court, before so remanding such person shall satisfy itself that suitable facilities are available for the custody of such person during the period of remand. 

Person remanded in custody may be brought before the Court expiration of period

4. Where a person has been remanded in custody the Judge may, if it is expedient in the interests of fair procedures by warrant in the  Form 18.7, Schedule B order such person to be brought before him or her at any time before the expiration of the period for which such person has been so remanded, for the further hearing of the charge.

Person on bail-hearing may be brought forward

5. Where a person is remanded on bail to appear at a specified time and place, the Judge may at any time order such person to appear before him or her at any time prior to the date of the adjourned hearing, and either at the specified place or at any other place, for the further hearing of the charge, and the Clerk shall notify the prosecutor and that person accordingly. 

Remands under s.4 1997 Act

6. (1) Where the Court before which a person first appears charged with a particular offence, in exercise of the powers conferred by section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, remands that person in custody to appear at a sitting of the District Court ("alternative court") in the District Court District in which the prison or place of detention where he or she is to be held in custody is situated or a District Court District adjoining the first-mentioned District Court District, the warrant shall be in accordance with  Form 19.1, Schedule B.

(2) Where the alternative court remands a person referred to in paragraph (1) of this rule in custody, the warrant shall be in accordance with  Form 19.1, Schedule B.

(3) Where, under the powers conferred by subsection (3) of section 5 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, the alternative court remands a person for the purposes of the trial of that person to a sitting of the Court in the District Court District

(i) in which the offence to which trial relates was committed, or

(ii) in which the person resides or was arrested,

the warrant shall be in accordance with  Form 19.1, Schedule B.