Court Rules of Ireland

Circuit Court Rules

ORDER 20

ARREST OF PERSONS IN CONTRAVENTION OF CONDITIONS OF BAIL RECOGNISANCES

Arrest of person about to contravene condition of recognisance

1. (1) Where a person charged with an offence is admitted to bail by a court on his or her entering into a recognisance with or without a surety or sureties, the court may, on the application to it in that behalf by a surety or sureties of the accused person or of a member of the Garda Síochána and upon information (Form 20.1, Schedule B) being made in writing and on oath by or on behalf of such surety or member that the accused is about to contravene any of the conditions of the recognisance, issue a warrant (Form 20.2, Schedule B) for the arrest of the accused person.

(2) When arrested the accused shall, as soon as practicable, be brought before the court that made the order directing that the recognisance be entered into.

(3) Where a person is brought before a court as aforesaid the court may commit the person to prison to await his or her trial or until he or she enters a fresh recognisance or, if he or she is on remand, further remand him or her.Form 20.3, 20.4 or 20.5, Schedule B.

[SI 194/01]

Arrest of person who has contravened condition of recognisance

2. (1) Where a person charged with an offence is admitted to bail by a court on his or her entering into a recognisance with or without a surety or sureties, the court may, on the application to it in that behalf by a member of the Garda Síochána and upon information (Form 20.6, Schedule B) being made in writing and on oath by or on behalf of such member that the accused has contravened any of the conditions of the recognisance, issue a warrant (Form 20.7, Schedule B) for the arrest of the accused person.

(2) When arrested the accused shall, as soon as practicable, be brought before the court that made the order directing that the recognisance be entered into.

(3) Where a warrant is issued under section 9(4) of the Bail Act, 1997 the accused and any surety or sureties shall remain bound by their recognisances and any money paid into court in connection therewith shall not be released before the conclusion of any proceedings under that section.

[SI 260/10; SI 194/01]

Arrest without warrant: section 6(10) of the Bail Act, 1997

3. A person who is arrested without a warrant in accordance with section 6(10) of the Bail Act, 1997 shall, as soon as practicable, be brought before the Court that made the order directing that the recognisance be entered into.

[SI 565/18]