summons question

boomboombazza

hello there,

my mother found a summons in her letter box which was meant for me. the summons wasn't handed to anyone, just stuffed in the letter box. i don't live at that address anymore either. should that be struck out?

also the summons was issued over a year after the offence (driving offence) in February but was dated september of the previos year. this surely has to be struck out.

445279.ie

Nope, can be served by putting in letterbox.

The summons just needs to be applied for within 6 months of the offence.

boomboombazza

445279.ie wrote: »

Nope, can be served by putting in letterbox.

The summons just needs to be applied for within 6 months of the offence.

thanks for the reply. what if the letter box isn't mine and i don't live at that address or even that county.

also not sure what defines when it was applied for.

the offence was in april 08. summons is dated September 08 but wasn't put in my mums letter box until Feb 09!!

happyhappy

boomboombazza wrote: »

thanks for the reply. what if the letter box isn't mine and i don't live at that address or even that county.

also not sure what defines when it was applied for.

the offence was in april 08. summons is dated September 08 but wasn't put in my mums letter box until Feb 09!!

offence in april 08, summonses applied for by garda in sept 08, court date is then set and court service sent the summons out to be served, summons served in feb 09 prior to an upcoming court date. thats all in order.

if it was served in the letter box of your family home, it's proper service, especially if that is the address you gave when stopped.

it won't be struck out imo. by the way it doesn't matter if it was 'stuffed' in the letter box or in the shape of a paper aeroplane for that matter, once it's in there its served!! :D:D

Croc

happyhappy wrote: »

offence in april 08, summonses applied for by garda in sept 08, court date is then set and court service sent the summons out to be served, summons served in feb 09 prior to an upcoming court date. thats all in order.

if it was served in the letter box of your family home, it's proper service, especially if that is the address you gave when stopped.

it won't be struck out imo. by the way it doesn't matter if it was 'stuffed' in the letter box or in the shape of a paper aeroplane for that matter, once it's in there its served!! :D:D

Off the top of my head, it says "Delivery by Hand at Defendants Last or Most Usual Place of Abode"

hullaballoo

Croc wrote: »

Off the top of my head, it says "Delivery by Hand at Defendants Last or Most Usual Place of Abode"

...but goes on to say...

DC Rules O.10 r.5 wrote:

5. Save where otherwise provided by statute or by Rules of Court, service of a document shall be effected upon a person in the State by delivering to that person a copy thereof or by leaving the copy for that person at his or her last or most usual place of abode, or at his or her office, shop, factory, home or place of business with that person's husband or wife, as the case may be or with a child or other relative (apparently residing with that person) of that person or of his wife or her husband as the case may be, or with any agent, clerk, servant or employee of that person, or with the person in charge of the house or premises wherein that person usually resides, provided that the person (other than the person upon whom service is to be effected) with whom the copy is left is not under the age of sixteen years and is not the person instituting the proceedings.

sam34

boomboombazza wrote: »

the offence was in april 08. summons is dated September 08 but wasn't put in my mums letter box until Feb 09!!

they have 18 months from an offence (a non-indictable one) to serve the summons, it just has to be applied for within 6 months of the offence

McCrack

The applicable legislation governing the service of summomses in criminal matters is S22 of the Courts Act 1991:

http://www.irishstatutebook.ie/1991/en/act/pub/0020/sec0022.html#zza20y1991s22

Essentially the time limits in criminal proceedings is normally 6 months for a complaint to be made re a District Court offence but offences under the Finance Act 1985 (and others) allow for a period of 12 months which for example having no car tax comes under.

Once the complaint is made the summons must be served on the accused within 12 months from the date of complaint.

Croc

hullaballoo wrote: »

...but goes on to say...

I think you are quoting the rule with respect to Personal Service,

There are 3 sorts of service
Personal
Registered Post
Delivery By Hand

it was the third method that was use used on the OP hence what i was talking about previously.

hullaballoo

Well, it's not hugely important for the purposes of this thread, but that's the only rule in the DCRs that relates to service of documents for the purposes of the rules from my reading. Taken from here. I'm open to correction on that, of course.