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Crime not yet committed?

  • 28-07-2008 2:29pm
    #1
    The Gnome
    Registered Users, Registered Users 2 Posts: 1,403 ✭✭✭


    Hypothetical Situation:

    A summons arrives specifying an offense has been committed, however said offense apparently has not occurred yet. In fact the date given for the offense is several months ahead of the current date.

    Minority Report happening so soon? I doubt this is normal, what is the procedure that follows?
    Tagged:


Comments

  • #2
    wyndham
    Registered Users, Registered Users 2 Posts: 2,284 ✭✭✭wyndham


    Struck Out with an ear bashing for the garda from the judge is a distinct possibility.


  • #3
    jaybay
    Closed Accounts Posts: 5 ✭jaybay


    Don't believe it! Once you show up in court, any defects on the summons are automatically cured. Better to show up to contest the validity of the summons but make it clear that's what you're doing and then when the matter is struck out, hope that the Gardai aren't bothered applying for a new one.


  • #4
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    The relevant legislation is the District Court Rules 1997 Ord 12, r 2 - the DC has a discretion to amend a summons on application to it provided this is not prejudicial to the defendant.


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    The defects are only cured if the Garda points them out prior to giving his evidence. For all you know he may read the wrong details into evidence. The case will then be dismissed.


  • #6
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    Bond-007 wrote: »
    The defects are only cured if the Garda points them out prior to giving his evidence. For all you know he may read the wrong details into evidence. The case will then be dismissed.

    Correct


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