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Section 47 RTA 1961 and service of notices by Ordinary prepaid post

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  • 19-03-2006 5:54pm
    #1
    Mr Burns
    Closed Accounts Posts: 119 ✭✭


    Query regarding section 47 non intercept offences.

    I understand that service of a notice to the RO in such matters is by regular prepaid post. What would happen if the RO said in court when the matter came up that he did not receive said notice and the he knew about it was when a summons appeared. Is it a defence to say a person did not receive a notice?

    I would assume that the statute of limititations for sect 47 is 6 months from the date of the alleged offence. Allowing for the slowness of the district courts, would it be possible for the RO having denied ever receiving the notice turn around and name another person as the driver in full knowledge that the case would be statute barred and no action could be taken against the second person.

    I am interested to know if it has ever been tried?


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    #2
    Victor
    Registered Users Posts: 78,285 ✭✭✭✭Victor


    How does 1-3 years for perjury sound?


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    #3
    besty
    Registered Users Posts: 4,010 ✭✭✭besty


    Victor wrote:
    How does 1-3 years for perjury sound?
    Exactamundo!


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    #4
    Victor
    Registered Users Posts: 78,285 ✭✭✭✭Victor


    Also, there is more than one notice before the summons.


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    #5
    Eru
    Closed Accounts Posts: 2,357 ✭✭✭Eru


    Victor wrote:
    Also, there is more than one notice before the summons.

    And it would go by registered post or a Garda would call and make the demand in person most of the time.

    Having said that Im sure cases have been thrown out for similar where the demand could not be proven to have happened.


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    #6
    Mr Burns
    Closed Accounts Posts: 119 ✭✭Mr Burns


    I refer to Bray District Court recently where people claimed not to have received any notice at all until the service of a summons.

    I was not condoning perjury at all. I just wanted to know if non receipt of the notice is a defence against the summons.


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    #7
    Victor
    Registered Users Posts: 78,285 ✭✭✭✭Victor


    Mr Burns wrote:
    I was not condoning perjury at all. I kust wanted to know if non receipt of the notice is a defence against the summons.
    "Judge, I find the defendents statement abhorrent."


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    #8
    Mr Burns
    Closed Accounts Posts: 119 ✭✭Mr Burns


    They would have no way of proving that the defendant ever received the notice in the first place.

    If they sent everything by registered post there would be no problems.


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    #9
    Victor
    Registered Users Posts: 78,285 ✭✭✭✭Victor


    Mr Burns wrote:
    If they sent everything by registered post there would be no problems.
    But some people refuse to accept registered post.


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    #10
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    why would they do that?

    They would then just ask a judge for permission to serve by ordinary post.


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    #11
    Victor
    Registered Users Posts: 78,285 ✭✭✭✭Victor


    Bond-007 wrote:
    why would they do that?
    So they don't get summons, solicitors letters, creditors letters, etc.


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    #12
    Eru
    Closed Accounts Posts: 2,357 ✭✭✭Eru


    Victor wrote:
    So they don't get summons, solicitors letters, creditors letters, etc.

    Thats an old system. You cannot simple refuse to accept a summons anymore. Knowing its there and having it put in your letterbox is now accepted as long as the server can swear you were notified and aware of it.

    If you refuse registered post then the demand was lawfully attempted and you can be prosecuted.


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