Amendment to Order 27 - S.I. No. 260 of 2010: District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010
1 These rules may be cited as the District Court (Criminal Justice (Miscellaneous Provisions) Act 2009) Rules 2010.
2 These rules shall come into operation on the 1st day of July 2010 and shall be construed together with all other District Court Rules 1997 to 2010.
3. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:
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(v) by the deletion from rule 6 of Order 27 of sub-rule (3);
(vi) by the substitution for rules 8, 9 and 10 of Order 27 of the following rules:
“8. Where the Court makes an order under section 9(1) of the Bail Act 1997, notice of the order in the Form 27.9 Schedule B shall be served on the accused and on any surety or sureties by prepaid ordinary post.
9. An application to vary or discharge an order made under section 9(1) of the Bail Act 1997 may be made within 21 days from the date of the issue of the notice, and shall be in the Form 27.10, Schedule B. Notice of the application shall be served on the prosecutor by prepaid ordinary post at least seven days before the hearing of the application. Any order varying or discharging an order under section 9(1) of the Bail Act 1997 shall be in the Form 27.11, Schedule B.
10. (1) A warrant of committal under section 9(12) of the Bail Act 1997 shall be in the Form 27.12 Schedule B, and the period of imprisonment to be specified shall be identified in accordance with the table to Order 23, rule 7 as if such table were reproduced in this rule.
(2) Where a warrant mentioned in sub-rule (1) has been issued but not executed and the amount specified in the estreatment order (or such order as varied) for payment by the person named in the warrant is paid to the Clerk, he or she shall forthwith notify the Superintendent of the Garda Síochána to whom the warrant was addressed that such payment has been made and shall request the Superintendent to return the warrant for cancellation.
(3) Where section 9(13) of the Bail Act 1997 applies, the prosecutor may proceed in accordance with Order 37, rule 12.”
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4. The Forms numbered 16.2, 18.2A, 18.2B, 27.9, 27.12, 28A.14, 28A.15 and 28A.16 in the Schedule are respectively substituted for the Forms bearing the like numbers in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997). The Form numbered 27.6B is deleted from Schedule B of the District Court Rules 1997.
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