S.I. No. 82/2010 - Circuit Court Rules (Criminal Justice (Mutual Assistance) Act 2008) 2010. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2010 S.I. No. 82/2010 - Circuit Court Rules (Criminal Justice (Mutual Assistance) Act 2008) 2010. S.I. No. 82/2010 - Circuit Court Rules (Criminal Justice (Mutual Assistance) Act 2008) 2010. AmendmentsLeasuithe Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 2nd March, 2010. We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court. Dated this 10th day of November 2009. (Signed): Matthew Deery (Chairman of the Circuit Court Rules Committee) Alison Lindsay Tony Hunt Shane Murphy Gerard J. Doherty Joe Deane Noel Rubotham Susan Ryan Patricia Casey I concur in the making of the above Rules of Court. Dated this 23rd day of February 2010. Signed: DERMOT AHERN, MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM. S.I. No. 82 of 2010 CIRCUIT COURT RULES (CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008) 2010 1. These Rules, which may be cited as the Circuit Court Rules (Criminal Justice (Mutual Assistance) Act 2008) 2010, shall come into operation on the 23rd day of March 2010. 2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2010. 3. The Circuit Court Rules are amended: (
- i)by the substitution for the title and rule 1 of Order 68A of the following: “Order 68A Criminal Justice Act 2006 (No. 26 of 2006) Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008) 1. In this Order: “the Act” means the Criminal Justice Act 2006 (No. 26 of 2006); “the Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008). (
- ii)by the insertion immediately following rule 2 of Order 68A of the following: “3.
(1)Save where otherwise directed or permitted by the Court, an application to the Court to issue a letter of request under section 62
(1), section 67
(2), section 73
(1)or section 77
(1)of the Act of 2008 shall— (
- a)where the application concerns proceedings already instituted against a person, be made by motion on notice, returnable to a date not less than four weeks prior to the commencement of the Sittings at which it is intended that the trial shall be heard, and the notice of motion shall be filed in the Office and a copy served on the Director of Public Prosecutions or the person charged, as the case may be, not later than twenty-one days before the commencement of such Sittings; (
- b)in any other case, be made by originating motion ex parte.
(2)Where paragraph (b) of sub-rule
(1)applies, the originating notice of motion shall be entitled: “The Circuit Criminal Court In the Matter of section 62
(1)[or section 67
(2), section 73
(1)or section 77
(1), as the case may be] of the Criminal Justice (Mutual Assistance) Act 2008 and in the Matter of [insert description of investigation] On the Application of [A.B.]”.
(3)The Court may, before making an order on such an application, require the applicant to produce or file in the Office for consideration by the Court a completed draft of the form of letter of request containing the information required by the Act of 2008 to be included in such letter.
(4)Where an order is made under this rule, the order may include such further provisions as the Court considers necessary or appropriate to facilitate the taking of any evidence concerned. 4.
(1)A certificate in accordance with section 49
(1)(b) of the Act of 2008 shall be in the Form 47G of the Schedule of Forms.
(2)A certificate in accordance with section 58
(1)(b) of the Act of 2008 shall be in the Form 47H of the Schedule of Forms.
(3)A certificate referred to in this rule shall be issued by the County Registrar on receipt of a letter from the Director of Public Prosecutions, or an officer or solicitor of the Director duly authorised in that behalf, requesting such certificate.
- Every application for leave to issue and serve a document in accordance with section 80 of the Act of 2008 shall be made ex parte.”
- The Forms annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Forms 47G and 47H. No. 47GO. 68A, r. 4 CERTIFICATE UNDER SECTION 49, CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008 [Insert title of proceedings] Whereas a confiscation order was made in the above-entitled proceedings onthe day of 20requiring [insert name of accused] to pay the sum of [insert amount] I CERTIFY that *the prescribed time for lodging of an appeal against that order has expired. *the prescribed time for lodging of an appeal against that orderwill expire on the day of
- (Signed) County Registrar * Delete as appropriate No. 47HO. 68A, r. 4 CERTIFICATE UNDER SECTION 58, CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008 [Insert title of proceedings] Whereas a forfeiture order was made in the above-entitled proceedings on theday of 20in respect of [insert details of property in designated State] I CERTIFY that *the prescribed time for lodging of an appeal against that order has expired. *the prescribed time for lodging of an appeal against that orderwill expire on the day of 20 . (Signed) County Registrar * Delete as appropriate EXPLANATORY NOTE (This does not form part of the Instrument and does not purport to be a legal interpretation.) These rules substitute rule 1 of Order 68A, prescribing forms and procedure in relation to the Criminal Justice (Mutual Assistance) Act 2008 . Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais