Summons - not taking the letter

rossious

Quick question, if there is such a thing.

My sister has been fined for more driving offences over the last couple of years than I've had clean socks. So for the 3rd time in the last 2 months the Gardaí have turned up to my parents house with a court summons (different dates, different offences).

The thing is that my sister moved to England 3 months ago and my parents keep telling the Gardaí that she has left home with no forward address. Tonight, they arrived asking if she will be home for Christmas, they said no, as she will not.

Question is, what happens if you cannot be handed your summons? Is there any other way of the gardaí/courts dealing with my sister.

Your comments appreciated.

cast_iron

rossious wrote: »

Your comments appreciated.

Read the Charter.

Pines

cast_iron wrote: »

Read the Charter.

I've read it (quite a few times) and don't see what's wrong with the OP's question or why the charter would be an issue. He's not seeking legal advice, merely asking people to chip in with opinions on what steps are open to the Gardai in a particular situation.

Or should the OP rewrite his post but precede every noun with "hypothetical"?

Tom Young

Can be served ex parte via a substituted service, the rules for which also cover service in or to internation jurisdictions, Order 13 of the Circuit Court rules or Orders 11, 11A of the Superior Court rules.

Can it be served? Yes. All that is required is a grounding affidavit.

dermot_sheehan

Tom Young wrote: »

Can be served ex parte via a substituted service, the rules for which also cover service in or to internation jurisdictions, Order 13 of the Circuit Court rules or Orders 11, 11A of the Superior Court rules.

Can it be served? Yes. All that is required is a grounding affidavit.

No

Firstly you'd look to district court rules, secondly criminal summonses can not be served out of the jurisdiction, hague convention and regulation 44/2001 only cover civil and commercial proceedings. A criminal summons can not be served as it would infringe another nations soverignty.

Since the summons was issued, the clock under the petty sessions ireland act has stopped, so the guards can serve it if she ever steps foot in the state.

Tom Young

Yes, apologies, you're correct. Discount my previous post.

cast_iron

Pines wrote: »

Is there any other way of the gardaí/courts dealing with my sister.

I'd have thought a solicitor is the best person to answer that. Hence, legal advice required. As for it merely being "opinions", of course that's all it is. I'd have thought that's all a solicitor will give also; the judge being the ultimate adjudicator.

Pines wrote: »

Or should the OP rewrite his post but precede every noun with "hypothetical"?

According to examples in the Charter, something to that effect appears to be required.

Of course, the Mods appear to agree with you on this one, or maybe they haven't gotten around to fully reading it. That's my interpretation/comments. (as requested by OP)

Croc

The summons could in theory be served at your parents it is\was "Her Last or Most Usual place of Abode" The matter could then be dealt with in her absence provided it was not a serious matter.