question: what is the time limation for the commencement of criminal proceedings?

headtotoe

HI all i'm wondering hypothetically speaking, in relation to the above what would be the case in relation to a "hit and run" minor road traffic incident is it six months or 2 years?

Our man in Havana

Depends on what charges. Most criminal charges in relation to Road Traffic matters must be commenced by the Gardaí within 6 months by applying for a summons.

For the civil aspects such as damage to vehicles there is a limit of 6 years. A 2 year limit applies to personal injury claims.

enry

"For the civil aspects such as damage to vehicles there is a limit of 6 years"


I thought the Statute of limitations as amended allowed for only 2 years in which to take such a claim.

Tom Young

What Bond said.

headtotoe

hi all thanks for the replys; a bit more detail again hypothetically speaking, say 200 euro worth of damage to a car no personal injuries so would that be six months or 2 years?

Our man in Havana

6 years as it is a civil matter. Where are you getting 2 years from?

headtotoe

thanks for the reply, 2 years is what was said above, again hypothetically speaking a criminal case for "hit and run" with say 200 euro woth of damage to a car only, is it six months, 2 years or six years?

Jo King

headtotoe wrote: »

thanks for the reply, 2 years is what was said above, again hypothetically speaking a criminal case for "hit and run" with say 200 euro woth of damage to a car only, is it six months, 2 years or six years?

It depends on what criminal offence was committed. the amount of the damage is not relevant.

If the offence is a summary offence the guards have to apply for a summons within 6 months of the date of the offence.
If it is an indictable offence or an offence capable of being tried either on indictment or summarily there is no time limit.

enry

Bond-007 wrote: »

6 years as it is a civil matter. Where are you getting 2 years from?

in relation to a civil matter im getting it from the Civil Liability and Courts Act 2004. [2004.]

7.—The Statute of Limitations (Amendment) Act 1991 is amended
by—
(a) the substitution in subsection (1) of section 3 of ‘‘2 years’’
for ‘‘three years’’,
(b) the substitution in subsection (1) of section 4 of ‘‘2 years’’
for ‘‘three years’’,
(c) the substitution in subsection (1) of section 5 of ‘‘2 years’’
for ‘‘three years’’,
(d) the insertion of the following section:
‘‘5A.—(1) Where the relevant date in respect of a
cause of action falls before the commencement of section
7 of the Civil Liability and Courts Act 2004, an action
(being an action to which section 3(1), 4(1), 5(1) or 6(1)
of this Act applies) in respect of that cause of action shall
not be brought after the expiration of—
(a) 2 years from the said commencement, or
(b) 3 years from the relevant date,
whichever occurs first.

where are you getting 6 years from?

Tom Young

From section 11 of the principal Act. Don't just randomly spout out statute without going right the way back. All the relevant statutory amendments are linked to the principal Act.

By the way OP. It is blatantly unclear from the initial post what on earth your hypothetical query is. In a civil matter 6 years is correct, PI 2 and so on. Criminal matters are 6 months from the date, but that's not necessarily a saviour depending on what the net issue is.

Tom Young

PS: Principal Act is the Statute of Limitations Act 1957 (as amended by 1991 act and Civil Liability and Courts Act 2004).

Just because the state opted for differing nomenclature in relation to the act, does not make it any way less relevant of effective.

enry

your simply wrong its two years for a civil matter.
Its irrelevant whether or not its a personal injury case or damage to property

Tom Young

I can tell you right now that I am not simply anything near to being wrong.

The paste of the Act (had you bothered to read it) relates specifically to:


Section 3. Special time limit for actions in respect of personal injuries.
Section 4. Survival of causes of action to which section 3 applies.
Section 5. Extension of limitation period in case of disability.
Section 6. Period of limitation in cases of fatal injuries.

Now, when you bother to link these back to the 1991 Act and 1957 Act. You'll find that under the 1957 Act section 11 Ss. 2 the six year limitation for Torts and Contract is clearly there.

So before you go saying someone is "simply wrong" get your facts straight. Its hardly simply irrelevant - you display a complete lack of manners in addition to a clear lack of knowledge in this area of the law.

*It's posting mis-statement like that which makes the forum charter so important. Imagine if someone relied on that as a form of legal advice.*

Tom

Hooch

headtotoe wrote: »

HI all i'm wondering hypothetically speaking, in relation to the above what would be the case in relation to a "hit and run" minor road traffic incident is it six months or 2 years?

For criminal proceedings by the state (AGS) it is 6 months until the statute of limitations kicks in. That is the application for a summons must lodge within the 6 months to the District Court. The summons itself can be kept "alive" by reissuing it.

Posts above are going on civil law and not on your origional question. For a simple hit and run under section 106 (numerous summons) it is 6 months.

*There is no statue of limitations for certain criminal offences, summary offences are not included in this, i.e. hit and run*

enry

Tom Young wrote: »

I can tell you right now that I am not simply anything near to being wrong.

The paste of the Act (had you bothered to read it) relates specifically to:


Section 3. Special time limit for actions in respect of personal injuries.
Section 4. Survival of causes of action to which section 3 applies.
Section 5. Extension of limitation period in case of disability.
Section 6. Period of limitation in cases of fatal injuries.

Now, when you bother to link these back to the 1991 Act and 1957 Act. You'll find that under the 1957 Act section 11 Ss. 2 the six year limitation for Torts and Contract is clearly there.

So before you go saying someone is "simply wrong" get your facts straight. Its hardly simply irrelevant - you display a complete lack of manners in addition to a clear lack of knowledge in this area of the law.

*It's posting mis-statement like that which makes the forum charter so important. Imagine if someone relied on that as a form of legal advice.*

Tom

Since you were so adamant I had a look at “Irish Statute book”. I’m sorry, I stand corrected and somewhat sick. :eek:

but thank fcuk I know that now

Hooch

enry wrote: »

Since you were so adamant I had a look at “Irish Statute book”. I’m sorry, I stand corrected and somewhat sick. :eek:

but thank fcuk I know that now

O how ye of little faith....... (hes never wrong when that sure!!!):D:D:pac::pac:

Victor

enry wrote: »

Since you were so adamant I had a look at “Irish Statute book”. I’m sorry, I stand corrected and somewhat sick. :eek:
but thank fcuk I know that now

Yeah, you judges should know better. :pac: