Does anyone know if a warrant is issued when someone fails to appear in court and is not served as the person is no longer at that address,does it still stand or does it expire after a period of time?
doesn't anyone have an idea here?
I have seen people arrested and brought before the courts on warrants after five years. You cannot avoid justice by not appearing in court and lying low for a period of time.
My opinion is Warrants do expire,typically a district court - warrant will last 6 months after this it will expire.****APPEAL the matter because if re arrested it will be on the computer and they will seek to have it reactivated*****The gardai typically act on the warrant at the very last minute so avoiding them is near the end of the warrant is recommended (last few days) . The warrant can be re issued or re in stated but after the first 6 months your clear of any serious search's.I dont know if they go away. A chap was away in thailand and returned after 10 yrs and was arrested although i dont know how that came about.The best course of action is to get an appeal set up (14 days to lodge an appeal) You can still get an appeal and will have to trust the court clerk to help you,.If your careful and straight forward they will have to facilitate your appeal although getting a friend to do it would be bonus*system already knows there is a warrant so it can only serve to help you* . If this fails use the 1993 criminal procedure act to get a new trial.A solicitor will help you set this up as it's complicated but it will save you going to jail. You should be entitled to a court hearing so use the appeal methods and dont break the law and you should be ok until a day or two before expiry.Then they come looking.Dont do time it's waste of tax payer money and your money.Invest in a appeal and keep your job and get the solicitor to clear the mess up.
Warrants definitely expire. Certainly warrants for S.4 Assaults and other minor offences do. Unless stated otherwise. I would think.
Thanks for the assistance especially pirelli.
What the O/P is referring to is a bench warrant for failure to appear. It does not matter what the offence was, it is simply a direction to bring the person before the court. I have seen people brought to court years after failing to appear. When brought before the court there will be a charge under S13 of the Criminal Justice Act 1984 in addition to the original charges.
In some cases a person can be tried in their absence.
Not entirely true. Bench warrants never expire. If you fail to turn up, it can be executed against you at any stage and the executor can enter your house at any time and if necessary by force.
If you have been summonsed to court, you cannot be charged under section 13 but can have a bench warrant issued. Search warrants, committal warrants have a lifespan. Bench don't.
S4 Assault is one of the most serious offences in the state - I would suggest just below murder, manslaughter and rape, and just above robbery and sexual assault.
I would think that an order of the court, unless stated otherwise, would not expire. It would only be where the execution of such a warrant would cause undue hardship (i.e. after 30 years or the like) that there might be an issue.
Is this opinion based on any rule of law, or is it how the law ought to be?
It's rule of thumb.It's how long a typical warrant last's in common law matters. Everything expires after 6 months in common law. The right to prosecute for example, the garda has only 6 months to issue a summons to the clerks office and they have 6 months to serve it etc..If not I would like to know!.
It's based academic (DIT) and pratical field experience such as getting arrested on a expired warrant that had also been time-xd and sueing the state for false arrest and false imprisonment.
As for bench warrants they would be live!
But warrants for your detention do expire yep they do!.so you better be innocent when they try lock you up it helps a whole lot!.
I don't understand what you mean, nor do I understand your comments about using the 1993 act to get a new trial.
I've never heard that everything expires after 6 months in common law. I don't think this is correct. The right to prosecute does not expire under common law. Under the Petty Sessions Act there is a time limit, but that only applies to summary offences.
What I meant was, is there a specific case or statute upon which you base your opinion? I am not questioning your qualifications or experience.
Yes, I think so. Isn't that what this tread is about?
A committal warrant for imprisonment/juvenile detention expires when the term of imprisonment/juvenile detention has been served. There is no other time limit on them however, for the obvious reason that convicted persons often flee the jurisdiction and years can pass before they return (voluntarily or otherwise).
Again, I don't understand what you mean about being innocent when detained, but it's never a good thing if an innocent person is detained.
In the case of warrants they expire after 6 months for summary offences and have to be re instated at some stage in the procedure to the arrest of the person for detention.That is a oppourtunity to invest time into getting an appeal.Why go to jail, thats the wrong attitude.
If you change address they will not have a reason to reinstate the warrant. If you get arrested then it could be re activated, since when does a person have to self incriminate themselves as it is against our human rights.Maybe in 2025 when the gardai have on board computers and such like it will be like in america where they drag motorists off to jail who break red lights when they discover they have a warrant. So you would probably have to be arrested for the gardai check if you have a warrant.
This is the criminal procedure act, and as you have said your self the petty sessions act covers summary offences.Those types of warrants expire after 6 months. The criminal procedure act I hope covers all convictions but if it doesnt then there is the article 2 of protocol 7. It is on page 19 of criminal litigation "the law society of ireland and also article 5(4) of the human rights conventions every detained person may take proceedings to court to challenge the lawfulness of his or her detention, arrested persons must be brought before a judge. .Finally article 6 of the human right's convention entitles people to a fair trial. So i dont see why people have to go to jail. The police must also disclose any evidence so the accussed may exonerate themselves or which may undermine the credibility of a prosecution witness.
Criminal procedure Act
The Gardai could however use their access to the insurance data base to track down where a certain individual is and re activate the warrant and perform a sting operation. Therefore if I found myself in that situation I would Make sure i handled the insurance transaction over the telephone,this way i can claim the insurance company are at fault as this sytem of signing up insurance policies is fundamentally flawed and in favour of the consumer that the date of birth is incorrect. I also know of a chap who didnt pay a fine and that got a police scanner and kept tabs on the local station.He wears camoflague gear and blend's into the shrubbery on the way to the shops,He never visits his family and has changed his name and DOB and changed eye lens and got a tattoo. That was for a summons for having no TV licence that he suspect resulted in a custodial sentence and he has an outstanding warrant for failure to pay a fine after he was nabbed on the Luas when his automate card wouldnt scan.(that was when he wore a suit oh how he misses those days)
Sorry for the delayed reply, but I had a look at the Petty Sessions Act and I couldn't see any reference to warrants expring after 6 months where the offences for which they are issued are summary offences.
You certainly have some interesting views on the criminal procedure act, 1993 and it does cover all indictable offences. My understanding is that the only change it made was that it allows for a retrial where a conviction has been quashed (as opposed to the person simply being let off). A person convicted on indictment is entitled (once leave to appeal has been refused in the trial court) to appeal to the Court of Criminal Appeal. It is difficult however to make out the case that there was an injustice
People do have to go to jail, but only where the offences have been proved beyond reasonable doubt.
That's a very extreme reaction to these offences. There is no possibility of a custodial sentence for not having a TV licence. If there were, someone on legal aid would no doubt challenge the constitutionality of the statute, and would probably succeed. As for the unpaid fine, it would be a very harsh district judge to issue a warrant for the Luas fine. More likely, the person would have been convicted in their absence.
There is reference s. 10(9) of the Petty Sessions (Ireland) Act, 1851, as amended, which provides that in the case of offences which are triable summarily only, the complaint shall be made within six months from the time when the cause of complaint shall have arisen unless the law otherwise provides. She argued that the computation of the six month time limit begins from the date of the commission of the alleged criminal activity and ceases to run on the date of the making of a complaint to a District Court Judge or the application for the issue of a summons to the appropriate District Court Clerk. In the case of an accused appearing before the Court having been arrested on foot of an arrest warrant granted by a District Court Judge she submitted that the date of the making of the complaint is the date upon which information is sworn before the relevant District Court Judge for the purpose of obtaining the warrant.
That is about summons etc... However warrant's definetly expire. The garda siochana book. That book has every answer Garda related.
Hi the warrant is still there on till you sit in court,thats only to say your warrant has been seen and a date will be set for what ever the warrant was for but if you want to go to the gards do it at 9,am court starts at 10,30 am so they will bring you in ,if you go later your staying in a 12x8 box for the night and dinner is crap,