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S.I. No. 327/1984 - District Court [Criminal Justice (Community Service) Act, 1983] Rules, 1984

Type Statutory Instrument

Publication 1984-12-07

Last updated 1997-02-24

State In force superseded text

Text As published

Source Irish Statute Book

articles 10

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 1997-02-24, S.I. No. 93/1997 - District Court Rules, 1997

Reform history JSON API

S.I. No. 327 of 1984.

DISTRICT COURT [CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983] RULES, 1984.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court—

1.

These Rules may be cited as the District Court [ Criminal Justice (Community Service) Act, 1983 ] Rules, 1984.

2.

These Rules shall come into operation on the 10th day of December, 1984, and shall be read together with all other District Court Rules for the time being in force.

3.

In these Rules—

"the Act" means the Criminal Justice (Community Service) Act, 1983 (No. 23 of 1983);

"Form" means a form set out in the Schedule of Forms herein or such modification thereof as may be suitable;

"the Principal rules" means the District Court Rules, 1948 S.R. & O., 1947 (No. 431).

4.

A community service order made by the Court under section 3 of the Act shall be in the Form 1.

5.

A complaint under section 7 (4) of the Act shall be made by summons in the form provided in the Principal Rules, and an application under section 9, 10 (1) or 11 (1) of the Act. when made by a relevant officer, shall be by summons in the Form 2 in the Schedule of Forms herein.

6.

A summons issued under these Rules shall be served on the offender by a member of An Garda Síochána in accordance with the provisions of the Principal Rules relating to the service of summonses.

7.

An application under section 9, 10 (1) or 11 (1) of the Act, when made by the offender, shall be by notice in the Form 3 in the Schedule of Forms herein. A copy of the notice shall be given, or sent by ordinary post, to the relevant officer concerned at least seven days before the date fixed for the hearing.

8.

The original of every summons and every notice of application served shall be lodged with the District Court Clerk at least four days before the date fixed for the hearing.

9.

An order under section 10 of he Act shall be in the Form 4.

10.

(i) Where the Court makes a community service order and the justice so making is not the justice assigned to the district of residence the District Court Clerk shall forthwith send a certified copy of the order by ordinary post to the latter justice.

(ii) Where the Court makes, or amends under section 10 (1) of the Act, a community service order, the District Court Clerk shall forthwith send two certified copies of the order or the order as so amended by ordinary post to the relevant officer specified therein.

SCHEDULE OF FORMS

General heading to be used on all forms:—

AN CHUIRT DUICHE ............................................................ .. THE DISTRICT COURT


Rule 4	Form 1.

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

section 3

COMMUNITY SERVICE ORDER


District Court Area of	District Court Area of	District No.
		Complainant
		Offender
		............................................................ .................
		............................................................ .................
Upon Conviction	of the above-named offender, a person aged 16 years and upwards who resides at in said district/district No. , of the offence that he did being an offence for which, in the opinion of the Court. the appropriate sentence would be one of imprisonment/detention in Saint Patrick's Institution for months. and	of the above-named offender, a person aged 16 years and upwards who resides at in said district/district No. , of the offence that he did being an offence for which, in the opinion of the Court. the appropriate sentence would be one of imprisonment/detention in Saint Patrick's Institution for months. and
The Court being satisfied	having considered his circumstances and a report about him by a probation and welfare officer, that he is a suitable person to perform work under a community service order and that arrangements can be made for him to perform such work in district No. in which he will reside while performing such work.	having considered his circumstances and a report about him by a probation and welfare officer, that he is a suitable person to perform work under a community service order and that arrangements can be made for him to perform such work in district No. in which he will reside while performing such work.
And having explained	to him the effect of this order when made, the requirements of sections 7 (1) and 7 (2) of the Act and the consequences which may follow under sections 7 (4) and 8 if he fails to comply with any of those requirements, and that the Court may review the order on his application or that of a relevant officer,	to him the effect of this order when made, the requirements of sections 7 (1) and 7 (2) of the Act and the consequences which may follow under sections 7 (4) and 8 if he fails to comply with any of those requirements, and that the Court may review the order on his application or that of a relevant officer,

AND THE OFFENDER CONSENTING,

HEREBY ORDERS that the offender

(1) shall perform in accordance with the Act within one year of the date of this order unpaid work for hours (being not less than 40 and no more than 240 hours);

(2) shall report to such person as (he) may from time to time be directed (to) by or on behalf of the specified relevant officer;

(3) perform satisfactorily the unpaid work at such times as may be directed by or on behalf of such person;

(4) notify such person of any change of address.

*(AND FURTHER ORDERS that the hours of work specified herein shall be concurrent with/additional to the hours of work specified in the order of the Court dated .)

Unless revoked, this order shall remain in force until the offender has worked under it for the number of hours specified in it.

*Delete where inapplicable.


Dated this	day of	day of	day of	19 ,	19 ,
Signed..............................	Signed..............................	Signed..............................	Signed..............................	Signed..............................	Signed..............................
			Justice of the District Court	Justice of the District Court	Justice of the District Court
Rule 5	Rule 5	Form 2	Form 2	Form 2	Form 2

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

section 9, 10(1), 11 (1)

SUMMONS BY A RELEVANT OFFICER


District Court Area of	District No.
Offender	Offender

WHEREAS on the day of 19 , a community service order was made by the Court at against you, the above-named offender,

THIS IS TO COMMAND YOU to appear at the sitting of the District Court at on the at .m. on the hearing of an application by ,the relevant officer , *to extend the period of one year specified in the order for the performance of work to

*to amend the order by substituting district court district no. as the district of residence.

*to revoke the order or to deal with you in some other manner for the offence in respect of which the order was made.

*Delete where inapplicable.


Dated the	day of	day of	19 .
		Signed...............	Signed...............
		Justice of the District Court	Justice of the District Court

N.B. If you fail to appear on he hearing of this summons a warrant may be issued for your arrest.


Rule 7	Form 3

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

section 9, 10(1), 11 (1)

NOTICE OF APPLICATION


District Court Area of	District No.
Between	An Offender (Applicant)

and


	A Relevant Officer (Respondent)

WHEREAS on the day of 19 , a community service order was made by the Court at against the applicant,

TAKE NOTICE that the applicant will apply to the District Court sitting at on the for an order

*extending the period of one year specified in the order for the performance of work to

*amending the order by substituting district court district no. as the district of residence.

*Revoking the order or that the applicant may be dealt with in some other manner for the offence in respect of which the order was made.

*Delete where inapplicable.


Dated
	Signed.............................
	Applicant

A Relevant Officer

and to

The District Court Clerk,


Rule 9	Form 4

CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983

Order under section 10


Distrit Court Area of	District No.
	Complainant
	Offender

WHEREAS a community serice order was made by the Court at on in respect of the above-named offender and is in force.

AND the Court is satisfied on the application of the offender/a relevant officer that the offender proposes to change/has changed his residence to district court district no.

AND it appearing to the Court that arrangements can be made in that district for the offender to perform work under the order,

NOW IT IS ORDERED that the order be amended by substituting district court district no. as the district of residence.


Dated
	Signed.................................
	Justice of the District Court

GIVEN this 30th day of November, 1984.

T.F. Donnelly Chairman

M. Cyril Maguire

William A. Tormey

John P. Clifford

Seán McMullin

Gerard A. Lee

Séamus S. Ó Cathasaigh Secretary

I concur in the making of the foregoing Rules.

Dated this 7th day of December, 1984.

MICHAEL NOONAN,

Minister for Justice.

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