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Statute of limitation in a criminal case

  • 12-04-2009 05:54PM
    #1
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭


    Anyone know is there a statute of limitation in a criminal case? A mate got a summons for an offence that happened way way back, can they do this? Is there not a certain time period the Gardai have to abide by ?


Comments

  • #2
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    It depends entirely on the offence. For most summary offences a complaint must be made by the prosecutor within six months of the alleged offence. This does not mean that the summons must issue within that time just that the prosecutor, usually a member of An Garda Siochana makes his complaint to the District Court within that time. The summons can and quite often does issue several months after that again. Not all summary offences have six month limitation periods, many of them have longer limitation periods but this must be specified in the legislation creating the offence.

    In the case of indictable or each-way offences triable summarily there is no such specific time limit for bringing proceedings, rather the prosecution must proceed without unecessary delay.


  • #3
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭RATM


    Thanks for that :)


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