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Leaving the country to avoid prosecution

  • 20-11-2007 4:46am
    #1
    two
    Closed Accounts Posts: 2 ✭


    Just a quick question but is the a statue of limitations on certain crimes if you leave the country to avoid jail or a trial?


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    two wrote: »
    Just a quick question but is the a statue of limitations on certain crimes if you leave the country to avoid jail or a trial?

    Not really, no.

    For indictable offences there is no time limit, but a person might have grounds to prohibit the prosecution if there has been undue delay on the part of the prosecutor (delay due to a person fleeing does not count).

    For summary offences, once the summons is issued (i.e. applied for and granted in court, or applied for under an administrative process) within 6 months then the offence can be prosecuted, subject to a more general right to prohibit the prosecution on delay grounds (again, the court would not look too favourably on the accused's own delay).

    If you have been sentenced and flee there is no time limit.

    Bear in mind that you can also be extradited/surrendered back to Ireland if the offence is sufficiently serious to be worth the hassle (and it meets the criteria for an extradition/rendition).


  • #3
    two
    Closed Accounts Posts: 2 ✭two


    ok thanks. it would have to be pretty serious (murder, assualt, abuse etc) to be extraditied? If its not then what happens if you don't go to trial and leave the country, does the charge stay in the system and keep coming up as a charge or is put aside untill you return to the country?


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    two wrote: »
    ok thanks. it would have to be pretty serious (murder, assualt, abuse etc) to be extraditied? If its not then what happens if you don't go to trial and leave the country, does the charge stay in the system and keep coming up as a charge or is put aside untill you return to the country?

    It depends on the country. If there is a strong extradition treaty with the country, or if there is a system of rendition (e.g. the EU) then it could be for fairly average offences (theft, minor assault etc).

    I don't know what you mean by the second part of your post, but if a person doesn't turn up for trial, the court will usually order the police to find the accused and bring them before the court, in chains if necessary. After that it's up to the executive (i.e. the police and the minister for justice).


  • #5
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    two wrote: »
    ok thanks. it would have to be pretty serious (murder, assualt, abuse etc) to be extraditied? If its not then what happens if you don't go to trial and leave the country, does the charge stay in the system and keep coming up as a charge or is put aside untill you return to the country?
    If a person leaves the country before the trial goes ahead, then the trial can indeed go ahead without them and they could be found guilty in their absence.

    It depends on the case though. Many trials cannot go ahead if the accused is not present because much of the prosecution would depend on the accused's testimony. Some of legal eagles may also know more in this area - I suspect that if someone is not present to defend themselves, that in itself would be sufficient defence to put the trial on hold.


  • #6
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    seamus wrote: »
    If a person leaves the country before the trial goes ahead, then the trial can indeed go ahead without them and they could be found guilty in their absence.

    In Ireland, only for very minor offences where there is no risk of a prison sentence e.g. road traffic offences, tv licences, unrenewed dog licence etc.
    seamus wrote:
    It depends on the case though. Many trials cannot go ahead if the accused is not present because much of the prosecution would depend on the accused's testimony. Some of legal eagles may also know more in this area - I suspect that if someone is not present to defend themselves, that in itself would be sufficient defence to put the trial on hold.

    An accused is never obliged to give evidence against himself, so I can't see how this would work. An inclupatory statement (made to the gardai) can be admitted against an accused, but this is a piece of paper.

    The right to fair proceedures includes the right to be present and be able to follow your trial. So for any indictable offence the accused must be present, and for any summary offence where there is a risk of prison, they should really be present. Some district court judges simply wouldn't even think of convicting someone in their absence.


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