No Charge Sheet

Lisa6

Hi, just a wondering from me...

My brother was arrested for a incident he was involved in roughly 3 months ago, he admitted his guilt and gave a quick statement to the arresting Gardai. They brought him from the place he was arrested to the station, he was released without being given a charge sheet and he wasn't questioned as such.

...he got legal advice from a solicitor, would said he may not be summoned over the alleged incident, as he didn't actually get charged.

Is this a common occurence? No charge sheet given and no summons issued?

It's been nearly 3 months and he hasn't heard a thing?

Lisa6

Lisa6 wrote: »

Hi, just a wondering from me...

My brother was arrested for a incident he was involved in roughly 3 months ago, he admitted his guilt and gave a quick statement to the arresting Gardai. They brought him from the place he was arrested to the station, he was released without being given a charge sheet and he wasn't questioned as such.

...he got legal advice from a solicitor, would said he may not be summoned over the alleged incident, as he didn't actually get charged.

Is this a common occurence? No charge sheet given and no summons issued?

It's been nearly 3 months and he hasn't heard a thing?

^Anybody got any idea on this? any advice would be appreciated.

Our man in Havana

3 months? You are being optimistic. The Gardai have 6 months to apply for a summons and can take as long as they like to serve it thereafter.

He could receive a summons at any time over the next year.

poss

Bond-007 wrote: »

3 months? You are being optimistic. The Gardai have 6 months to apply for a summons and can take as long as they like to serve it thereafter.

He could receive a summons at any time over the next year.

I think you've mis-interpreted what the OP is suggesting.

I think she's asking if it would be a common occurence for no summons to be issued as her brother wasn't actually charged with anything? She's saying they haven't actually heard anything for 3 months.

Our man in Havana

It is a very common occurrence. People are often released without charge with a file being prepared for the DPP.

3 months waiting is nothing in these cases as they can summons at their leisure subject to the application being made within 6 months.

Lisa6

Bond-007 wrote: »

It is a very common occurrence. People are often released without charge with a file being prepared for the DPP.

3 months waiting is nothing in these cases as they can summons at their leisure subject to the application being made within 6 months.

Thanks for the information.

Actually, poss is on the right track here..

...i know they can summon after an application is made after 6 months, etc..possibly recieving a summons after a year etc.

...but what i mean is, could the Gardai decide NOT to actually serve him with a summons, as they didn't initally charge him with anything?

(apologies for my ignorance here. )

Our man in Havana

but what i mean is, could the Gardai decide NOT to actually serve him with a summons, as they didn't initally charge him with anything?

Of course they could. But it is highly unlikely they will ever come back and tell you.