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District Court Rules

Amendment to: Order 31
S.I. No. 585 of 2011: District Court (Criminal Procedure Act 2010) Rules 2011


1. (1) These Rules, which may be cited as the District Court (Criminal Procedure Act 2010) Rules 2011, shall come into operation on the 10th day of December 2011.

(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2011.

2. The District Court Rules 1997 are amended:

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      (iii) by the substitution for the title to Order 31 of the following title:
“Order 31

PROCEEDINGS UNDER

— CRIMINAL JUSTICE ACT 1984

— CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT 1990

— CRIMINAL JUSTICE ACT 2006, SECTION 5

— CRIMINAL PROCEDURE ACT 2010, SECTIONS 16 AND 17”;

      (iv) by the insertion in rule 1 of Order 31, immediately following the definition of “the Act of 2006”, of the following definition:

        “ ‘the Act of 2010’ means the Criminal Procedure Act 2010 (No. 27 of 2010)”;

      (v) by the substitution for rules 4 and 5 of Order 31 of the following rules:
Application for order to arrest
        4. (1) An application under section 10 of the Act of 1984 for an Order to arrest shall be made by the information on oath and in writing, in the Form 31.3, Schedule B, of a member of the Garda Síochána not below the rank of superintendent.

        (2) An application under section 16 or, as the case may be, section 17, of the Act of 2010 for an Order authorising arrest shall be made by the information on oath and in writing, in the Form 31.10, Schedule B, of a member of the Garda Síochána not below the rank of superintendent, and every such application shall be made and heard in accordance with Order 12, rule 27.

Order to arrest
        5. (1) The warrant of the Court where an application under section 10 of the Act of 1984 is granted shall be in the Form 31.4, Schedule B.

        (2) The order of the Court granting an application under section 16 or, as the case may be, section 17, of the Act of 2010 shall be in the Form 31.11, Schedule B.”;

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3. (2) The Forms numbered 31.10 and 31.11 in the Schedule shall be added to the Forms in Schedule B to the District Court Rules 1997, immediately following Form 31.9.

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