Glossary

Accused

The person charged with an offence. In the District Court the word on the paper is usually "defendant"; the judge and the Garda say "the accused".

Adjournment

Putting the case back to a later date, at the judge's discretion: for legal advice, for legal aid, for a probation report, for a hearing date, or because a witness is missing. Why cases take so long →

Adult Caution Scheme

A formal caution from a Garda superintendent instead of a prosecution for listed minor offences where you admit the offence. Not a conviction, but recorded. The Adult Caution Scheme →

Affidavit

A written statement sworn before a solicitor or commissioner for oaths and filed with the court. Used in civil and family applications more than in criminal cases.

Ancillary disqualification

A driving ban the judge chooses to add to a penalty, as distinct from the consequential ban that follows a listed conviction automatically. Since 2024 a short ancillary ban can come with a points offence. Disqualification →

Annual licensing court

The District Court's September sitting that renews activity licences, issues club and restaurant certificates and hears objections; the licensing year starts on 1 October. The annual licensing court →

Appeal to the Circuit Court

Every District Court conviction or sentence can be appealed to the Circuit Court within 14 days by lodging a notice of appeal and a recognisance. The appeal is a full rehearing and the sentence can go up as well as down. Appealing to the Circuit Court →

Appearance (civil)

The document a defendant files in a civil claim to say the claim will be contested, within 28 days of the claim notice. Without it, judgment can be marked in the office. A claim notice against you →

Arrest

Being taken into Garda custody on suspicion of an offence or on a warrant. You are entitled to be told why, to a solicitor, and to a phone call; what follows is a charge, a release without charge, or a summons later. Charge sheet and station bail →

Attachment of earnings order

An order that maintenance be deducted from the paying person's wages by the employer and sent on. One of the ways a maintenance order is enforced in the District Court. Enforcing maintenance →

Back to A to Z ↑

Bail

Release pending the next court date on a bond to appear, with or without conditions (sign on at a station, keep away from a person or place, a curfew). Refused only on grounds the Bail Act 1997 allows. Bail and bail conditions →

Bail bond

The sum you, and any surety, undertake to forfeit if you do not appear. Part may have to be lodged in cash.

Barring order

An order requiring a person to leave and stay away from the home. Up to three years in the District Court; interim and emergency versions for up to eight working days. Safety, protection and barring orders →

Bench warrant

A warrant for your arrest issued by the judge when you do not appear on a summons or a bail date. The usual course is to ring the court office that day and attend the next sitting to have it executed and struck out. Bench warrants →

Book of evidence

The statements and exhibits served on an accused when an indictable charge is sent forward from the District Court for trial by jury. A summary trial has disclosure under a Gary Doyle order instead.

Bound to the peace

A bond to keep the peace and be of good behaviour for a period, with a sum forfeited on breach. Not itself a conviction. The peace bond →

Breach of bail

Breaking a bail condition or not appearing. The bond may be forfeited, bail revoked, and failing to appear is an offence in itself.

Back to A to Z ↑

Careless driving

Driving without due care and attention (Road Traffic Act 1961, section 52). A summary offence with a fine, penalty points on conviction and a possible disqualification; dangerous driving is the graver charge. Dangerous and careless driving →

Case stated

A question of law sent by the District Court to the High Court for its opinion; not a rehearing of the facts. Case stated and judicial review →

Caution (on arrest)

The words a garda says before questioning: you are not obliged to say anything unless you wish to, but anything you say will be taken down and may be given in evidence.

Certificate of analysis

The Medical Bureau of Road Safety's certificate of the alcohol or drug level in a blood or urine specimen, or the printout from the station breath machine. It is evidence of the level unless the contrary is shown. The limits →

Character reference

A letter from an employer, a coach or a community figure handed up in mitigation. Short, honest and specific to you; never a comment on the charge. Writing a character reference →

Charge sheet

The document you are given when charged at a Garda station after an arrest, listing the charge, with a date to appear. Usually comes with station bail. A charge sheet and station bail →

Children Court

The District Court sitting in private for under-18s under the Children Act 2001, with a parent or guardian present, anonymity, and detention only as a last resort. The Children Court →

Circuit Court

The court above the District Court: it hears appeals from it, tries indictable offences with a jury, and takes civil claims up to €75,000 and family law beyond the District Court's limits.

Civil restraining order

An order against stalking or harassment by someone who is not a partner or family member, under Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023, in the District Court since September 2024. Civil restraining orders →

Claim notice

The document that starts a civil claim in the District Court. You have 28 days to enter an appearance and defence; otherwise judgment can be marked in the office. A claim notice against you →

Committal warrant

The warrant that sends a person to prison: to serve a sentence, or, after a fines hearing where every other route has been tried, in default of a fine.

Community service order

Forty to 240 hours of unpaid work in place of a prison sentence of up to twelve months, with your consent and a Probation Service report. Community service →

Compensation order

An order that the offender pay the injured party for loss or injury, in place of or alongside a penalty (Criminal Justice Act 1993, section 6). The court looks at your means.

Consequential disqualification

A driving ban that follows automatically from a conviction for a listed offence, such as drink driving, for at least the period the Act fixes. Disqualification →

Costs

In a civil case, the legal costs the losing side may be ordered to pay the winning side, on the District Court scale. In a criminal case costs are rarely awarded either way; the small claims procedure has none.

Court clerk (registrar)

The Courts Service officer who runs the court office, calls the list, records the orders and issues the summonses and warrants. The person to ring about a date, a form or a bench warrant. Find your court office →

Court presenter

The garda, usually a sergeant or inspector, who presents the prosecution's cases in the District Court on the DPP's behalf and tells the judge the facts and any previous convictions.

Criminal record

The Garda's record of convictions and of some non-conviction outcomes. A District Court conviction goes on it; a Probation Act dismissal, a strike-out or a paid fixed charge does not. What is recorded →

CSOL (Courts Service Online)

The Courts Service's online portal for civil claims, small claims, licensing applications and the eDiary.

Custody (remand in custody)

Being held in prison between court dates because bail was refused or could not be met. Time in custody counts against any sentence later imposed.

Custody and access (children)

Custody is the day-to-day care of a child; access is the time the other parent spends with the child. The District Court decides both on the child's best interests, under the Guardianship of Infants Act 1964. Custody and access applications →

Back to A to Z ↑

Dangerous driving

Driving in a manner dangerous to the public (Road Traffic Act 1961, section 53). On a summary conviction a fine, possible imprisonment and a consequential disqualification; where death or serious harm results it is indictable. Dangerous and careless driving →

De novo (appeal)

A full rehearing. An appeal from the District Court to the Circuit Court hears the evidence again and can increase as well as reduce the sentence.

Decree

The District Court's judgment in a civil matter, including a small claim.

Defence (civil)

The written answer to a civil claim, filed with the appearance, saying what is denied and why. In a criminal case the defence is the accused's side, put by their solicitor or by themselves.

Disclosure

The prosecution's duty to give the defence the statements and material it relies on before a summary trial, routinely ordered under a Gary Doyle order after a plea of not guilty. Disclosure →

Disqualification (driving ban)

An order that you may not hold or apply for a driving licence for a period. Consequential (automatic on listed convictions), ancillary (the judge's choice), or on reaching twelve penalty points. The licence must be surrendered to the NDLS. Disqualification →

District Court

The court that deals with nine in ten criminal matters in the State, civil claims up to €15,000, small claims, family law applications and licensing. It sits in the Dublin Metropolitan District and 23 numbered districts, each with its own venues and office. The districts →

District Court Rules

The rules of procedure for the court (S.I. No. 93 of 1997, as amended), with the forms for every application. The court's forms are on courts.ie; the rules set the time limits this site's clocks use.

DPP (Director of Public Prosecutions)

The independent office that decides how serious charges are prosecuted and whether an indictable matter stays in the District Court. In most District Court cases the Garda prosecutes in the DPP's name.

Drink driving

Driving, attempting to drive or being in charge of a vehicle with alcohol over the limit: 50 mg per 100 ml of blood, 20 mg for specified drivers. A fixed penalty in the lowest band for an ordinary driver; otherwise court, with a consequential disqualification. Drink driving, first offence →

Drug driving

Driving with cannabis, cocaine, heroin or benzodiazepines above the specified level, or while impaired by any drug. Roadside oral fluid testing; a court matter with a consequential disqualification. Drug driving →

Drug Treatment Court

A Dublin District Court programme that supervises treatment instead of sentence for people whose offending is linked to drug use, with the charges dealt with on completion. The Drug Treatment Court →

Back to A to Z ↑

Either-way offence

An offence that can be tried summarily in the District Court or on indictment before a jury: theft, assault causing harm, most drugs charges. It stays in the District Court only where the judge accepts it as minor, the DPP consents and you do not elect trial by jury.

Election (trial by jury)

For some either-way offences, your right to choose trial by judge and jury in the Circuit Court instead of a summary trial. The judge must tell you of the right; the choice is yours, with advice.

Endorsement

A penalty point, a disqualification or a conviction recorded on your driving licence record by the NDLS. Points stay on the record for three years from the date they take effect. Penalty points calculator →

Examination of means

A hearing in which a judgment debtor or a person in default of a fine sets out income, outgoings and debts on oath, before the court decides on instalments. Instalment orders →

Back to A to Z ↑

Family law (District Court)

Maintenance, custody, access, guardianship, and safety, protection and barring orders. Heard in camera, often at a separate family law venue, with the Family Courts Act 2024 to bring a Family District Court from 2027. The Family Courts Act 2024 →

FCN (fixed charge notice)

The Garda notice for a listed road-traffic offence: pay within 28 days at the charge, a further 28 at the charge plus half, or let it go to a summons. Paid in time it is not a conviction. The fixed charge notice explained →

Fine classes A to E

The Fines Act 2010's bands for summary fines: Class A up to €5,000, B €4,000, C €2,500, D €1,000, E €500. The court must consider your means. Fine and payment planner →

Fines (Payment and Recovery) Act 2014

The Act that lets a fine be paid by instalments over up to twelve months and sets the order of enforcement on default: a fines hearing, then an attachment of earnings, a recovery order or community service, and prison only as a last resort. Paying a fine by instalments →

Fixed penalty notice (drink driving)

For an ordinary driver in the lowest alcohol band, the Garda's offer of a fixed fine and a short disqualification without a court appearance. Accepting it is not a conviction but the ban applies. Drink and drug driving checker →

FLAC (Free Legal Advice Centres)

An independent charity offering free basic legal information and advice clinics. Legal aid and free advice →

Forfeiture (of a bond)

The court's order that a bail bond or a peace bond be paid over because its condition was broken. A surety's money can be forfeited too.

Back to A to Z ↑

Garda vetting

The National Vetting Bureau's check for work with children or vulnerable people, which discloses convictions and specified information, except a single old minor conviction that meets the section 14A test. Vetting and travel →

Garda Youth Diversion Programme

The programme under the Children Act 2001 that cautions and supervises a child who admits an offence instead of prosecuting; a prosecution of a child is considered only after the child has been considered for it. A child charged with an offence →

Gary Doyle order

An order that the prosecution give you the statements and other material it will rely on before a summary trial, from DPP v Doyle (1994). Routinely made on request after a plea of not guilty. Disclosure →

Guardianship

The right and duty to make the major decisions about a child. A mother and a married father have it automatically; an unmarried father may get it by agreement, by cohabitation, or by District Court order. Guardianship for unmarried fathers →

Back to A to Z ↑

Hearing (summary trial)

The day the case is heard: the prosecution calls its witnesses, each can be cross-examined, the defence may call evidence, and the judge decides. Listed after a plea of not guilty, usually months ahead. What happens in the District Court →

Back to A to Z ↑

In camera

In private. Family law and Children Court hearings are held in camera: the public is excluded and nothing that identifies the parties may be published.

Indictable offence

An offence that can be tried by a judge and jury. Many can also be dealt with summarily in the District Court where the judge accepts the matter as minor, the DPP consents and the accused does not elect a jury.

Instalment order

An order, after an examination of your means, that a judgment debt be paid in instalments. No committal without a hearing. Instalment orders →

Insurance (driving without)

Driving without a policy in force (Road Traffic Act 1961, section 56). A court matter, not a fixed charge: a fine, penalty points on conviction and a consequential disqualification the judge may lift only for special reasons. Driving without insurance →

Interpreter

The court provides an interpreter free in a criminal case where you do not understand English or Irish well enough; ask the court office before the date. Interpreters and access →

Back to A to Z ↑

JLO (juvenile liaison officer)

The garda who runs the Garda Youth Diversion Programme locally: the caution, the supervision and the family meeting that come before any prosecution of a child. A parent's guide →

Judge of the District Court

The judge who sits alone, decides the facts and the law, and imposes the sentence. Addressed as "Judge". The District Court has a President and about seventy judges assigned to districts. How to address the judge →

Judgment in default

In a civil claim, judgment entered in the court office against a defendant who filed no appearance or defence in time. It can be set aside on application, for a reason.

Judicial review

The High Court's review of whether the District Court acted within its powers and fairly; not an appeal on the merits. Strict time limits apply. Case stated and judicial review →

Back to A to Z ↑

Learner permit

The permit before a full licence. A learner must be accompanied by a qualified driver, display L plates, and is a specified driver for drink-driving purposes; the points threshold is seven. Unaccompanied learner drivers →

Legal Aid Board

The State body that provides civil legal aid through its law centres and administers the criminal legal aid payments. Criminal legal aid itself is granted by the judge, not the Board. Legal aid explained →

Legal aid certificate

The judge's grant of free legal representation under the Criminal Justice (Legal Aid) Act 1962, on a statement of means, where your means are insufficient and the charge is serious enough. No contribution. Legal aid explained →

Legal Diary

The Courts Service's daily listing for the higher courts. District Court daily lists are not published online; they are available from the local office. Find a court →

Licence production

The requirement to produce your driving licence in court on a road-traffic charge, and to the Garda within ten days when asked at the roadside. The court endorses points and bans on the licence record. No NCT, no tax, no licence →

List (court list)

The day's cases in the order the clerk calls them. District Court lists are not online: the list is at the court office and on the courtroom door. Family law and Children Court lists are not public. Find a court →

Back to A to Z ↑

Maintenance order

An order for periodic payments for a spouse, civil partner or child. The District Court can order up to €500 a week for a spouse and €150 a week per child; there is no formula. Maintenance worksheet →

Mention (for mention)

A date on which the case is called but not heard: to fix a hearing date, to confirm a plea, to check disclosure or a report. You must still attend.

Mitigation (plea in mitigation)

What is said on your behalf after a guilty plea or a finding of guilt, before sentence: the circumstances, your record, your means, what you have done since. The judge weighs it; no outcome is promised. Pleading guilty or not guilty →

Mobile phone offence

Holding a phone while driving: a fixed charge with three points, five on conviction. Since 2024 the judge may add a short disqualification on conviction. Mobile phone while driving →

Back to A to Z ↑

NCT, tax and licence offences

Driving without a current NCT certificate, without motor tax, or without a licence. Fixed charges with points for the NCT and licence offences; motor tax is a court matter. No NCT, no tax, no licence →

Nolle prosequi

The DPP's decision to stop a prosecution. Entered in the Circuit Court; in the District Court the equivalent is the charge being withdrawn or struck out.

Nomination (of a driver)

Where a fixed charge notice goes to the registered owner for a camera offence, the owner's statement that someone else was driving, within 28 days, so the notice issues to that driver. Pay, nominate or court →

Notice of appeal

The form lodged with the District Court office within 14 days of the order to appeal to the Circuit Court, with a recognisance. Lodging it stays the order; a disqualification can be stayed on application. Staying a disqualification →

Novice driver

A driver in the first two years of a first full licence. Displays N plates, is a specified driver for drink driving, and is disqualified at seven points rather than twelve. The 12 and 7 thresholds →

Back to A to Z ↑

Oath or affirmation

The promise to tell the truth before giving evidence: a religious oath on a holy book, or an affirmation with the same force. Lying under either is perjury.

Occasional licence

A District Court order allowing a licence holder to sell alcohol at an event away from the licensed premises, on notice to the Garda. Occasional licences →

Order

What the court decides, recorded by the clerk: a conviction and penalty, a dismissal, an adjournment, a decree, a maintenance or safety order. The written order is available from the office and is what an appeal is taken against.

Back to A to Z ↑

Peace Commissioner

A volunteer appointed by the Minister for Justice who can witness signatures, take statutory declarations and sign some summonses and warrants. Not a judge.

Penalty points

Endorsements on your licence record for listed offences: fewer on payment of a fixed charge, more on conviction. Twelve in three years brings a six-month disqualification; seven for learners and novices. Penalty points calculator →

Personal injuries claim

A claim for injury up to €15,000 in the District Court, after the Injuries Resolution Board has assessed it and either side has rejected the assessment. Personal injuries in the District Court →

Plea

Your answer to the charge: guilty or not guilty. A guilty plea goes to mitigation and sentence; a not-guilty plea gets a hearing date and disclosure. A plea can be entered on the first date or after an adjournment for advice. Pleading guilty or not guilty →

Poor box (court poor box)

A charitable donation the judge may direct in place of, or alongside, a penalty, usually with the Probation Act. A practice of the court, not a statute; about €1.5 million a year nationwide. The poor box →

Pre-sanction report (probation report)

The Probation Service's report on you, ordered by the judge before sentence, on your circumstances and suitability for community service or supervision. Usually takes six to eight weeks.

Previous convictions

Your record, handed up by the court presenter after a finding of guilt and before sentence. Spent convictions need not be disclosed for most purposes but the court still sees them.

Probation Act

The Probation of Offenders Act 1907. Section 1(1) lets the judge dismiss a proven charge without recording a conviction; section 1(2) is a conditional discharge with a conviction. Often used with a charity donation. The Probation Act →

Probation Service

The State agency that writes pre-sanction reports, supervises community service and probation orders, and runs programmes the court can direct.

Protection order

An interim order, made without notice to the other person, that lasts until the safety or barring application is heard. Safety, protection and barring orders →

Public order offences

The Criminal Justice (Public Order) Act 1994 offences: intoxication in a public place (section 4), threatening or abusive behaviour (6), failure to comply with a garda's direction (8), and the rest. Mostly summary, with fines and, for some, imprisonment. Public order offences →

Back to A to Z ↑

Recognisance

A bond entered before the court: to appear, on bail; or to prosecute an appeal, which stays the District Court's order until the Circuit Court hears it. Appealing to the Circuit Court →

Refusing a specimen

Refusing or failing to give a breath, blood or urine specimen when required is itself an offence, with the same consequential disqualification as the highest drink-driving band. Refusing the test →

Remand

The order that sends a charged person to a later date, on bail or in custody, before the case is decided.

Restorative justice

A process, with the victim's and the offender's consent, in which the harm is addressed directly, often through the Probation Service; the judge may take part in it into account.

Road Traffic Acts

The Road Traffic Acts 1961 to 2024, the source of every driving offence, the fixed charge system, penalty points and the disqualification periods this site's tools apply.

Back to A to Z ↑

Safety order

An order under the Domestic Violence Act 2018 prohibiting violence or threats; the person may stay in the home. Up to five years in the District Court. Safety, protection and barring orders →

Sentence

The penalty after a conviction: a fine, a suspended or actual prison term of up to twelve months on one summary charge, community service, a disqualification, a compensation order, or the Probation Act. The judge chooses within the Act's maximum. What the District Court can do →

SEO (special exemption order)

A District Court order allowing a licensed premises to open late for an event or a night, on notice to the Garda. Over 80% of the court's licensing work. Special exemption orders →

Service (of a summons)

How a summons reaches you: by registered post to your last known address, or by hand. A summons that never arrived is a reason to have a bench warrant struck out, not a defence to the charge. A summons that never arrived →

Small Claims procedure

The District Court's low-cost route for consumer claims, minor property damage and business-to-business claims up to €2,000, for a €25 fee, with the Small Claims Registrar first and no costs either way. Small claims checker →

Specified driver

A learner, a novice in the first two years of a full licence, or a professional driver, who is held to the lower drink-driving limit of 20 mg per 100 ml of blood. The limits →

Spent conviction

A conviction that no longer has to be disclosed for most purposes, seven years after the effective date, where the sentence was a fine, community service, a suspended sentence or custody of twelve months or less, under the 2016 Act. Spent conviction calculator →

Statement of means

The form, from the court clerk, on which you set out your income, dependants, rent or mortgage, savings and debts when applying for legal aid. The legal aid check →

Station bail

Release from the Garda station by the member in charge after a charge, on your own bond, to appear in court on a date. Not available where a warrant is outstanding. A charge sheet and station bail →

Stay

An order that a penalty does not take effect for now: a disqualification stayed pending an appeal, or a fine given time to pay. Lodging an appeal stays most District Court orders automatically; a ban needs an application. Staying a disqualification →

Struck out

The case is not proceeded with, for example where the prosecution is not ready or a condition has been met. No conviction. The most common outcome in the District Court.

Summary offence

An offence tried by a judge alone in the District Court, with a maximum of twelve months' imprisonment on one charge. Most road-traffic, public-order and minor offences.

Summons

The document that requires you to attend the District Court on a date to answer a charge. Applied for by the Garda, issued by the court office, served by registered post or in person, usually twelve to fourteen weeks before the date. A court summons →

Surety

An independent person who undertakes to the court that you will appear, and who stands to lose the sum named if you do not. At least a third of the bond is usually lodged.

Suspended sentence

A prison sentence that is not served unless you breach its conditions within the period set (Criminal Justice Act 2006, section 99). It is a conviction. Suspended sentences →

Back to A to Z ↑

Taken into consideration

Other charges dealt with together with the main one, without a separate penalty, so that they are disposed of at the same time.

Third payment option

Once a summons has issued, the chance to pay double the original fixed charge up to seven days before the court date and end the prosecution with the fixed-charge points rather than the court points (Road Traffic Act 2010, section 44). Fixed charge notice clock →

Time to pay

The period the judge allows for a fine, usually three to six months, or instalments over up to twelve. Asked for at sentence, on your means. Fine and payment planner →

TV licence summons

A prosecution by An Post for having a television without a licence: a summary offence with a Class D fine, usually struck out or adjourned where a licence is bought before the date. A TV licence summons →

Back to A to Z ↑

Victim impact statement

The injured party's account of the effect of the offence, which the court must hear before sentence in offences against the person and some others (Criminal Justice Act 1993, section 5).

Back to A to Z ↑

Warrant

A court's written authority: a bench warrant for your arrest after a missed date, a search warrant for a place, a committal warrant for prison, a penal warrant for an unpaid fine. Executed by the Garda. Bench warrants →

Witness summons

A summons requiring a person to attend and give evidence or produce a document. Either side can apply to the court office for one.

Back to A to Z ↑