District No. 25– Naas and Athy
General
This Plan is subject to change as safety advice evolves. It is also subject to amendment at short notice to accommodate other courts within Naas and Athy Courthouses
From 6th September 2020, normal business will recommence insofar as possible in District No.25.with Athy business resuming in Athy Courthouse on 22nd September
The number of people who can safely attend at Naas Courthouse in the public foyer area is 25. The number of people who can be present within Courtrooms 1 and 2 excluding the judge and registrar is 22 respectively. The number of people that can be present within courtroom 3 is 12 excluding the judge and registrar and the number of people that can be present in courtroom 4 excluding the judge and registrar is 6
The number of people that can safely attend at Athy courthouse is 22 in the courtroom excluding the judge and registrar
Unless otherwise directed by the assigned judge, Naas and Athy District Courts will recommence sitting in accordance with the normal calendars as published on the Court Service website.
Criminal business
Criminal business at Naas and Athy Courthouse will be scheduled to ensure a throughput of people before the court at a rate that respects the subsisting public safety guidance. At present this will involve the continuation of the division of the business of the day.
Application for warrants will be dealt with first and will be held in camera with the DAR switched on. Such applications may be heard in camera at specified times, subject always to the subsisting safety advice. Urgent applications will be given priority. Practitioners are asked to direct their clients to attend court at the relevant times and to leave the courthouse and the curtilage thereof immediately after their case is concluded. Consultations about court outcomes should occur elsewhere.
Where practicable, court presenters are asked to have DPP directions and disclosure ready for the first court appearance. Summary cases that can be dealt with there and then will be disposed of. Where disclosure is appropriate the case will be adjourned, subject to available dates, for about 6 weeks for entry of a guilty plea or the reservation a hearing date. The disclosure should be furnished within about 4 weeks, giving the accused and their solicitor about 2 weeks to consider the correct course.
Family law
It is no longer possible to have consultations / negotiations on the scheduled Family Law days. Parties should contact their Solicitors in advance of the Court day with their instructions.
Matters that are listed for the first time are ‘for mention only’. These matters will not be heard but will be assigned a hearing date later in the court calendar year or subsequent year. Cases where there is no appearance by the applicant by 10:30am may be struck out. Lists will be colour coded and cases will be assigned time slots. Solicitors will be advised of court times prior to the court date. If it is anticipated that a case may take more than one hour, then the judge should be notified as a special hearing date may need to be assigned.
Consent matters may be dealt with by email where both parties have agreed terms and where solicitors undertake to lodge a signed and witnessed agreement in court within 3 days, together with confirmation in writing that they have explained the issue of contempt, and the consequences thereof, to their clients in respect of any breach of terms made a rule of court.
Parties are asked not to bring family members, supporters or friends to court.
Child care
Applications for extensions of interim orders that are on consent may be dealt with by affidavit exhibiting the relevant reports. The reports should be handed in to court on the day. Social workers need not attend for these matters
Where interim applications are not on consent, legal representatives for the respondent must be furnished with the reports in advance and the required witnesses must be agreed. If the respondent is not represented, then the content of the report should be read to the respondent, but they should not be furnished with the report
Parties should be encouraged not to attend where there is consent. Respondents should be reassured that their non-attendance in such circumstances has been requested by the court and will not reflect poorly on them.
Civil matters
Civil matters for Naas District Court will be heard on the 3rd Monday of each month and at Athy District Court on the 2nd and 4th Tuesday in each month in Athy Courthouse, in accordance with the calendar for the District as published on the Court Service website.
In debt enforcement cases where the parties have reached agreement the respondent need not attend court. Where a respondent is to be examined as to means the examination will be adjourned to the next date and may be scheduled to a time for hearing.
In regulatory enforcement cases the prosecutor should avoid bringing parties to court unnecessarily. Parties attending court will be admitted to the court only according to the safe capacity of the court.
Children’s court
Children and their guardians should attend court in the same manner as cases involving adults, as set out above. The child or their guardian is not required to attend where the sole purpose of the court sitting is to adjourn for a report from the Probation Service. The child or their guardian is not required to attend where the solicitor for the child is aware that the report is not ready, provided the delay is not in any way attributable to the child. In such circumstances the matter will be adjourned to a suitable date for finalisation.
Desmond Zaidan
Judge of the District Court
Date: 01 September 2020