Applications for Restitution

1.^[1] In this Order-

"the Act" means the Police (Property) Act, 1897;
“the Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008)

Application for order for disposal of property

2. (1) An application pursuant to section 1 of the Act for an order for the disposal of property which has come into the possession of the Garda Síochána may be made at any sitting of the Court for the court district wherein the property is located or wherein the claimant of the property resides at the time of the application.

(2) Such application shall be preceded by the issue and service of a notice in the Form 31A.1, Schedule B, and

(a) where the applicant is a member of the Garda Síochána, the notice shall be served upon each known claimant of the property by a member of the Garda Síochána in accordance with the relevant provisions of  Order 10 of these Rules;

(b) where the applicant is a claimant of the property and such property has come into the possession of the Garda Síochána in connection with a criminal charge, the notice shall be served upon the member of the Garda Síochána who prosecuted that charge or, if such member cannot be ascertained, and in all other cases where the applicant is a claimant of the property, the notice shall be served upon the superintendent of the Garda Síochána for the district wherein the property is located. Service under this sub-paragraph may be effected either by registered prepaid post or by giving to, or leaving at the Garda Síochána station for, such member or superintendent a copy of the notice. Such claimant shall also serve the notice by registered prepaid post upon any other known claimant of the property.

(3) Where service is being effected by registered prepaid post the notice shall be served at least twenty-one days prior to the date fixed for hearing the application. In all other cases the notice shall be served at least seven days prior to that date.

(4) In all cases, when service has been effected the original notice, together with statutory declaration as to the service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the date of hearing.

(5) Where, in an application to which this Order relates, the applicant member of the Garda Síochána cannot ascertain either the owner or any claimant of the property, such application may be made ex parte upon prior lodgment of the notice with the Clerk.

Order of the Court

3. The order of the Court granting the application shall be in the  Form 31A.2, Schedule B.

4.^[2](1) An application for an order under section 87 of the Act of 2008 that a person deliver property to the member in charge of a Garda Síochána station named in the application may be made at any sitting of the Court for the court district or for any one of the court districts wherein the property is located.

(2) Such application shall be preceded by the issue of a notice in the  Form 31A.3, Schedule B. Save where the Court otherwise permits, or where sub-rule (4) applies, the notice shall be served upon each person who appears to the applicant to be or likely to be affected by the making of the order sought, in accordance with the relevant provisions of Order 10. Where service is effected by registered prepaid post the notice shall be served at least twenty-one days prior to the date fixed for hearing the application. In all other cases the notice shall be served at least seven days prior to that date.

(3) When service has been effected, the original notice, together with a statutory declaration as to the service thereof (and, where appropriate, the certificate of posting) shall be lodged with the Clerk at least four days prior to the date of hearing.

(4) Where, in an application to which this rule relates, the applicant cannot ascertain the whereabouts of any person who appears to the applicant to be or likely to be affected by the making of the order sought, or where the Court otherwise permits, such application may be made ex parte upon prior lodgment of the notice with the Clerk.

(5) The order of the Court granting the application shall be in the Form 31A.4, Schedule B.

[1] Order 31A title and rule 1 substituted by S.I. 94 of 2010, effective 5 April 2010

[2] Order 31A rule 4 inserted by S.I. 94 of 2010, effective 5 April 2010