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Time limit for bringing case to court?

  • 04-02-2009 3:54pm
    #1
    dsg
    Closed Accounts Posts: 103 ✭✭


    Sorry if this has been asked before, I had a look but couldn't find anything.

    Is there a time limit on bringing a case to court in front of a judge after someone has been formally charged with an offence?

    For instance if the person has been charged, a court date set, then adjourned for one reason or another again and again....at some stage would the judge in question just say "sorry people, this is taking too long, I'm throwing it out"

    I would have thought a person was entitled to a "speedy" trial?

    For instance, you read in the paper that so and so was charged with murder or manslaughter, then before you know it the case goes to court.

    So all you legal eagles out there, what's the answer?


Comments

  • #2
    partyguinness
    Registered Users, Registered Users 2 Posts: 8,203 ✭✭✭partyguinness


    It really depends on the facts and each case is different .e. type of offences, witnesses, technical evidence, the DPP preparing the Book of Evidence. I have been invloved in cases where it has taken up to 2 years to get to a trial. The District Court is usually quiet lenient in granting extensions but it really all depends on the facts and each case has different considerations.

    What court are you talking about and what kind of offence?


  • #3
    dsg
    Closed Accounts Posts: 103 ✭✭dsg


    partyguinness wrote: »
    It really depends on the facts and each case is different .e. type of offences, witnesses, technical evidence, the DPP preparing the Book of Evidence. I have been invloved in cases where it has taken up to 2 years to get to a trial. The District Court is usually quiet lenient in granting extensions but it really all depends on the facts and each case has different considerations.

    What court are you talking about and what kind of offence?

    Well I suppose I shouldn't really go into details here should I? It's not murder or anything like that!

    From your answer though it would seem that things can drag on and on for a few years. It's just i was very curious about it considering that there is a statute of limitations on certain things, but not on others. I was curious to know if there would be something similar with regard to court cases being adjourned again and again and again.....i could go on.

    I'll put it to you this way, the guards involved don't really have an answer either!


  • #4
    partyguinness
    Registered Users, Registered Users 2 Posts: 8,203 ✭✭✭partyguinness


    The Statute of Limitations is relevant for Civil matters.

    There is no limitations for criminal but if a judge feels that too much time has passed then he has a discretion to dismiss the matter.

    For example...a speeding summons must generally be served within 12 months


  • #5
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    partyguinness wrote: »
    The Statute of Limitations is relevant for Civil matters.

    There is no limitations for criminal but if a judge feels that too much time has passed then he has a discretion to dismiss the matter.

    For example...a speeding summons must generally be served within 12 months

    There is a limitation period in relation to (purely) summary matters. A summons must be applied for within six months unless there is a specific statutary provision in relation to a particular offence permitting a different period. With relation to constant adjournments a lot turns on the reasons and whether there was consent to the adjournments. District Court judges vary a lot in their willingness to grant adjournments. Some will refuse them very quickly and strike out the case if the prosecution are not ready to proceed on the date fixed for the trial. Others will grant endless adjournments at the request of the prosecution. Application can be made to the High court to prevent the trial if it has been dragging on too long. If the defendant can show prejudice because of the delay the trial will be prevented from going ahead. There are a lot of lengthy judgements from the courts in relation to delay and the European Court of Human Rights has also made its views known.


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