Criminal Procedure Act 1967

Remand in custody or on bail by the District Court.

22

22. (1) Where the District Court remands a person or sends him forward for trial or sentence, the Court may—

( a) commit him to prison or other lawful custody, or

( b) release him conditionally on his entering into a recognisance, with or without sureties.

In this Part, references to “ custody” are to a committal under paragraph ( a) and references to “ bail” are to a conditional release under paragraph ( b).

F53 [ (1A) The Court may admit a person to bail without imposing a condition in the recognisance as to payment of moneys into court by the person if it considers it appropriate to do so, having regard to the circumstances of the case, including the means of the person and the nature of the offence in relation to which the person is in custody. ]

F54 [ (1B) A recognisance to which subsection (1) applies may be taken by

( a ) any judge of the District Court, or

( b ) any District Court clerk. ]

F55 [ (2) The Court may, instead of taking a recognisance from a person in accordance with subsection (1)

( a ) determine the conditions to be contained in the recognisance, including the amount of any moneys to be paid into court under it, with a view to its being subsequently taken, and

( b ) in the meantime commit the person concerned to custody in accordance with paragraph ( a ) of that subsection. ]

F56 [ (3) A recognisance to which subsection (2) applies may be taken by

( a ) any judge of the District Court,

( b ) any District Court clerk,

( c ) a peace commissioner designated for that purpose by order of the Minister for Justice, Equality and Law Reform,

( d ) the governor of a prison, or

( e ) a prison officer designated for that purpose by the governor of a prison. ]

(4) Where a person is brought before the Court after remand under subsection (1) the Court may further remand him.

F57 [ (5) In this section prison has the same meaning as it has in the Prisons Act 2007 . ]

Annotations:

Amendments:

F53

Inserted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 18(a), S.I. No. 236 of 2007.

F54

Inserted (4.12.2009) by Courts and Court Officers Act 2009 (36/2009), s. 25, S.I. No. 477 of 2009.

F55

Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 18(b), S.I. No. 236 of 2007.

F56

Substituted (25.10.2007) by Criminal Procedure (Amendment) Act 2007 (36/2007), s. 1(a), commenced on enactment.

F57

Inserted (25.10.2007) by Criminal Procedure (Amendment) Act 2007 (36/2007), s. 1(b), commenced on enactment.

Editorial Notes:

E22

Previous affecting provision: words inserted into subs. (3) (1.05.2007) by Prisons Act 2007 (10/2007), s. 41(2), S.I. No. 10 of 2007;substituted as per F-note above.

E23

Previous affecting provision: subs. (3) substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 18(b), S.I. No. 236 of 2007; substituted as per F-note above.