S.I. No. 203/2007 - District Court (Criminal Justice Act 2006) Rules 2007

I AM SATISFIED THAT

There are reasonable grounds for suspecting that the said.....................has committed an offence or offences other than the offence or offences in connection with which he/she is imprisoned.

The arrest of the said......................is necessary for the proper investigation of the offence or offences that he/she is suspected of having committed.

*The said.................has previously been arrested for the said offence(s), but further information has come to the knowledge of the Garda Síochána since that arrest as to the suspected participation of the said .....................in the offence(s) for which his/her arrest is sought.

THIS IS TO AUTHORISE YOU to whom this warrant is addressed to arrest the said

Dated and issued this ........day of.......20...

At ................a.m./p.m.

Signed.............................................

Judge of the District Court

To: Superintendent of the Garda Síochána at

*Delete if inapplicable

Schedule B O.31, r.2(1)

No. 31.1 CRIMINAL JUSTICE ACT 1984

Section 8 (as amended by CRIMINAL JUSTICE ACT 2006, Section 12)

NOTICE OF APPLICATION FOR AN ORDER FOR THE PRESERVATION OF PHOTOGRAPH PRINTS

Director of Public Prosecutions.........................................................................................Applicant

and

........................................................................................................................................Respondent

of

*(in the court area and district aforesaid)

WHEREAS the above-named respondent was on the........... day of ........ 20... arrested by ...................... of the Garda Síochána at ..............................(in the court area and district aforesaid) on suspicion of having committed (in the court area and district aforesaid)

*an offence to which section 4 of the above-mentioned Act of 1984 applies,

*an offence,

namely,

AND WHEREAS the said respondent was taken to and detained in................... Garda Síochána station, and while so detained

*(he/she was photographed)

*(his/her fingerprints /palm prints were taken)

pursuant to *section 6 of the said Act of 1984 * section 12 of the Criminal Justice Act 2006

AND WHEREAS the destruction of the said (photograph) (prints) would require to be carried out on the ...... day of....................... 20....,

TAKE NOTICE that the above-named applicant will apply to the District Court sitting at................... on the............... day of ..............20...... at........ a.m./p.m. for an order authorising the preservation of the said (photograph) (prints) for a period not exceeding twelve months, on the ground that (it) (they) may be required for the purpose of proceedings or further proceedings in relation to the offence.

Dated this ................ day of ...................... 20.....

Signed

Applicant/Solicitor for Applicant

To

of

the above-named respondent

and to District Court Clerk at

*delete where inapplicable

Schedule B O.31, r.3

No. 31.2 CRIMINAL JUSTICE ACT 1984

Section 8 (as amended by CRIMINAL JUSTICE ACT 2006, Section 12)

ORDER FOR THE PRESERVATION OF PHOTOGRAPH PRINTS

Director of Public Prosecutions.....................................................................................Applicant

and

................................................................................................................Respondent

of

*(in the court area and district aforesaid)

UPON HEARING an application by the above-named applicant for an order pursuant to section 8(7) of the above-named Act of 1984 authorising the preservation, for a period not exceeding twelve months, of (a photograph) (fingerprints/palm prints) of the above-named respondent taken at ...........................................................Garda Síochána station on the.........day of .................. 20...... while he/she was detained there on suspicion of having committed

*an offence to which section 4 of the above-mentioned Act of 1984 applies,

*an offence,

namely,

THE COURT being satisfied

HEREBY ORDERS that the said (photograph) (prints) be preserved for the period of........... (being a period not exceeding twelve months) from the date hereof.

Dated this ............. day of ........... 20........

Signed...............................................

Judge of the District Court

*delete where inapplicable

GIVEN this 15th day of January 2007

MIRIAM MALONE Chairperson

UINSIN MAC GRUAIRC

JOHN P BROPHY

MARY C DEVINS

THOMAS E O’DONNELL

HUGH O’NEILL

FIONA TWOMEY

JOE JEFFERS

DAVID KELLY

NOEL A DOHERTY

ELIZABETH HUGHES Secretary

I concur in the making of the foregoing rules

Dated this 3rd day of May 2007

GIVEN under my Official Seal,

3 May 2007

MICHAEL MCDOWELL.

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules amend the following Orders 13, 14, 17, 26, 31 and 100, and insert a new Order 28A to provide forms and procedure in respect of changes arising from the entry into force of certain provisions of the Criminal Justice Act 2006 .