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Time limits on prosecution for driving offence

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  • 05-01-2013 3:59am
    #1
    DrPhilG
    Registered Users Posts: 12,239 ✭✭✭✭


    I'm being careful here as I don't want to upset the charter on legal advice, although it's more a question of time frames and logistics I'm curious about.

    If for example, someone had a car accident in April 2012 and was advised that the Gardai were recommending a dangerous driving prosecution, how long does it take for this to be completed?

    My understanding is that once the officer passes it on to the Superintendent, that Superintendent has the options of;

    -passing on to the DPP for prosecution
    -downgrading the charge and passing to the DPP for prosecution
    -deciding that it's not worth pursuing and closing the case

    If they do pass it to the DPP, then the DPP have the same options, prosecute, downgrade or not worth it.

    Considering that it's now January 2013, nearly 9 months since the hypothetical accident, would it be likely that the prosecution would have been dropped or can these things drag on for years? Should someone have been updated by now if they had found themselves in this situation?


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    #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    If I remember correctly Dangerous Driving causing Death or Serious harm is an classed as a serious crime and is a jury trial, this matter has to go to DPP who can decide to prosecute, not to prosecute or reduce the charge to say careless based on the evidence. No time limit to prosecute.

    In relation to ordinary Dangerous Deiving that is summary and the decision is AGS to prosecute etc. summons must be requested within six months legally can be served anytime but any seriously long delay can prove fatal to the prosecution, 9 months is no serious delay.


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    #3
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Section 51, 52 and 53 are all summary offences and proceedings would have to be initiated within 6 months. The exception is Dangerous driving causing serious injury or death, which is indictable and is not restricted by the time frame.

    The difficulty is in deciding what constitutes serious injury. It is not defined in the legislation so it is open to interpretation.


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    #4
    DrPhilG
    Registered Users Posts: 12,239 ✭✭✭✭DrPhilG


    Well my understanding of the (hypothetical) injury caused is that after being seen at A&E the outcome was nothing more than minor cuts and bruises.


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    #5
    coylemj
    Registered Users Posts: 25,362 ✭✭✭✭coylemj


    DrPhilG wrote: »
    Well my understanding of the (hypothetical) injury caused is that after being seen at A&E the outcome was nothing more than minor cuts and bruises.

    That would probably mean that the maximum charge that could be levelled would be the basic S.53 Dangerous Driving which is summary and therefore subject to the 6 month rule.

    For a charge of dangerous driving causing death or serious injury to go to a jury, the prosecution (in the case of serious injury) would need to call medical evidence to outline the scope of the injuries. Otherwise the judge would not allow the jury to consider a charge of dangerous driving causing serious injury.

    Put another way, the DPP would need to see in the Garda file a statement from a medical doctor or consultant outlining the injuries caused in the crash and stating that they were 'serious'. Obviously cuts and bruises would not meet that test.


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    #6
    DrPhilG
    Registered Users Posts: 12,239 ✭✭✭✭DrPhilG


    So if someone was in the position of having caused this accident and resulting injuries, but hadn't heard anything from the Gardai since, there's no harm in simply calling the station up and asking what the status of the prosecution is?

    The point being that the prosecution recommended by the attending Guard may have gone no further than the Superintendent but this person wouldn't have been informed as such, and therefore would be stressing out unnecessarily.


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    #7
    Hooch
    Registered Users Posts: 4,957 ✭✭✭Hooch


    ResearchWill wrote: »

    SNIP

    9 months is no serious delay.

    Seriously? 9 months a serious delay?

    So 6 months to get the summons applied for. So we'll say it was applied for on the last day of the 6 months. Court services can take a month now to issue same. Now were on 7 months. Summons goes to Garda station for service with a month to court date. Gardaí call on several occasions but the OP is away working (or gave an address and is no longer at that residence). Summons must go back to be re issued....another month. So now were at over 9 months already.

    Is that unreasonable? Ive had summons served by other Gardaí for cases that are two years old when they get to court. Once an account for attempt of service is given then I have never had a problem with a delay.


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    #8
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Hooch wrote: »
    Seriously? 9 months a serious delay?

    So 6 months to get the summons applied for. So we'll say it was applied for on the last day of the 6 months. Court services can take a month now to issue same. Now were on 7 months. Summons goes to Garda station for service with a month to court date. Gardaí call on several occasions but the OP is away working (or gave an address and is no longer at that residence). Summons must go back to be re issued....another month. So now were at over 9 months already.

    Is that unreasonable? Ive had summons served by other Gardaí for cases that are two years old when they get to court. Once an account for attempt of service is given then I have never had a problem with a delay.

    I will repeat my statement and highlight the important bit you may have missed, " 9 months is no serious delay."


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    #9
    Hooch
    Registered Users Posts: 4,957 ✭✭✭Hooch


    ResearchWill wrote: »
    I will repeat my statement and highlight the important bit you may have missed, " 9 months is no serious delay."

    Apologies!!!!!



    Bold wine, BOLD!

    I'll get my coat.


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    #10
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Hooch wrote: »
    Apologies!!!!!



    Bold wine, BOLD!

    I'll get my coat.

    I'm off drink for January, thanks for reminding me lol. I would love to pop open a bottle aghhhhhhhhhh.


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    #11
    DrPhilG
    Registered Users Posts: 12,239 ✭✭✭✭DrPhilG


    Sorry for bumping an old thread folks, but the question is the same.

    It has now been 26 months since the hypothetical accident.

    Still no contact from the gardai over the status of any prosecution, only a statement that they had applied for the warrant within 6 months of the accident.

    Are there actual time limits on the granting and serving of the warrant? Or merely heresay and theory i.e. "they would normally have served the warrant by now".

    Would the person facing prosecution actually have a definite answer and can therefore put it to rest?


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