Can they put a summons through the letterbox

mountainyman

There was a summons put through my letterbox while I was away. The thing is I was only away a week but the court date was 2 weeks after I 'got' the summons. Couldn't I have missed it if I'd been away 3 weeks?

There was no stamp on the summons so I assume it was hand delivered by a cop.

Do they not have to get you to sign something or put it into your hand or something?

MM

Our man in Havana

Nope. They are perfectly within their rights to stick it thru the letterbox. It is a perfectly acceptable way to serve a summons.

mountainyman

But what if I hadn't got home until after the court date?

MM

Turner

Depends on how serious the offence was.

A judge wont convict you in your absence for the likes of Robbery.

Speeding ticket or the likes and you were probably convicted in your absence.

dermot_sheehan

District Court Rules:
Order 10 Rule 5
Save where otherwise provided by statute or by Rules of Court, service of a document shall be effected upon a person in the State by delivering to that person a copy thereof or by leaving the copy for that person at his or her last or most usual place of abode, or at his or her office, shop, factory, home or place of business with that person's husband or wife, as the case may be or with a child or other relative (apparently residing with that person) of that person or of his wife or her husband as the case may be, or with any agent, clerk, servant or employee of that person, or with the person in charge of the house or premises wherein that person usually resides, provided that the person (other than the person upon whom service is to be effected) with whom the copy is left is not under the age of sixteen years and is not the person instituting the proceedings.

Rules 13

Whenever and so long as no summons server stands assigned to a particular area, by the County Registrar for the county in which the area is situated, for the service of a document in proceedings to which subsection (1) of section 7 of the Courts Act, 1964 (as amended by section 22 of the Courts Act, 1971) relates, then, unless otherwise provided, such document may be served by registered prepaid post in accordance with the provisions of the said section 7.

(2) In a case of summary jurisdiction to which subsection (1) of section 22 of the Courts Act, 1991 relates, a summons may be served upon the person to whom it is directed—
(a) by sending, by registered prepaid post, a copy thereof in an envelope addressed to that person at his or her last known residence or most usual place of abode or at his or her place of business in the State, or
(b) by delivery by hand, by a person (other than the person on whose behalf it purports to be issued) authorised by these Rules in that behalf, of a copy thereof in such an envelope as aforesaid,
and the provisions of the said section 22 shall apply in every such case. Where the Court has proceeded to hear a complaint or accusation to which the summons relates and such person claims not to have had notice of the summons or the hearing to which it relates, application pursuant to section 22 (6) of the said Act to have the proceedings set aside may be made in accordance with that section and rule 23 of this Order.

johnnyskeleton

If you had missed it and were convicted in your absence, you could appeal to the circuit court and explain what happened.

445279.ie

Or you could apply for a set-a-side on the basis that you didn't know about the case in the first place

mountainyman

Wasn't in for mention today. I got a solicitor and everything. He said they've probably just forgotten about it.

MM