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Probation act for failure to produce NCT

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  • 06-10-2009 1:43pm
    #1
    Registered Users Posts: 7


    Hi I was summonsed to court for failing to produce my NCT within 10 days of being stopped.

    As it happens I did produce my NCT and when I enquired if there was a record of it I was informed that there was and all I had to do was show up in court and explain that I was logged in 'the system' as having produced it as requested.

    I explained this to the judge ( who apologised for having interuppted me reading the paper! ) and he said that he was going to apply the probation act...

    can someone explain what that means?

    Thanks

    Beedge


Comments

  • Closed Accounts Posts: 169 ✭✭Buffy the bitch


    Do you work?

    Probation is nothing. You will get a letter for the Probation service to go down to them. If you're working just tell them you're working and can't keep calling in you won't hear from them again but make sure that you go in the first time.

    Can't see why he actually gave you the Probation act because you did infact produce it. Must of been not impressed with you reading the paper. The by right should've been thrown out and the Gardai gave a good talking to for wasting more tax payers money and the courts time.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Sounds like there's a lot more here that you're not telling us. You've effectively been found guilty of not producing your NCT, but the Judge has given you the probation act and not a custodial sentence.


  • Registered Users Posts: 7 beedge


    Do you work?

    Probation is nothing. You will get a letter for the Probation service to go down to them. If you're working just tell them you're working and can't keep calling in you won't hear from them again but make sure that you go in the first time.

    Can't see why he actually gave you the Probation act because you did infact produce it. Must of been not impressed with you reading the paper. The by right should've been thrown out and the Gardai gave a good talking to for wasting more tax payers money and the courts time.

    Really? I have to show up at the probation office? That sucks!!

    I already had to give up a mornings work to attend court because of the guards mistake ( although I do acknowledge that the original fault lays with me for not having the NCT )

    What makes that hard to swallow is the behaviour of some of the more colourful characters in the court,. honestly, is quietly reading a newspaper while you wait an hour and a half to have your case called such an offence?

    Wow, Im mad as a hatter now!

    Thanks for sorting that out.. also, he didnt specify a time.. does that mean it is at the discretion of probation service?


  • Registered Users Posts: 7 beedge


    seamus wrote: »
    Sounds like there's a lot more here that you're not telling us. You've effectively been found guilty of not producing your NCT, but the Judge has given you the probation act and not a custodial sentence.

    No, honestly, thats all that happened. although, he did ask did I have my NCT in court, which I didnt, but I was told by the guard in henry st that all I had to do was turn up and say that I was recorded 'in the system'.

    Also, when you say I have been found guilty,, surely you cant mean that I now have a record??


  • Closed Accounts Posts: 169 ✭✭Buffy the bitch


    beedge wrote: »
    Really? I have to show up at the probation office? That sucks!!

    I already had to give up a mornings work to attend court because of the guards mistake ( although I do acknowledge that the original fault lays with me for not having the NCT )

    What makes that hard to swallow is the behaviour of some of the more colourful characters in the court,. honestly, is quietly reading a newspaper while you wait an hour and a half to have your case called such an offence?

    Wow, Im mad as a hatter now!

    Thanks for sorting that out.. also, he didnt specify a time.. does that mean it is at the discretion of probation service?


    Did you have your NCT done and just didn't have the disc with you? Or did you not have it done?

    You didn't really brake a law to be honest as you did produce as you said you handed it in to the guards.

    Yes you will have to go to the Probation office. You will get a letter, when you get the letter there should be a number on it ring the number and ask to talk to your Probation officer explain that you are working try get a time sorted where you can go in which will suit yourself and the probation act (you will only be there 10 mins).


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  • Closed Accounts Posts: 169 ✭✭Buffy the bitch


    beedge wrote: »
    No, honestly, thats all that happened. although, he did ask did I have my NCT in court, which I didnt, but I was told by the guard in henry st that all I had to do was turn up and say that I was recorded 'in the system'.

    You should've brought it to the court and told the judge you already handed it in to the gardai and the case should of never been brought to court. You shouldn't of believing the guard. Did your solicitor not explain to the judge that you already showed the Gardai your NCT?
    beedge wrote: »
    Also, when you say I have been found guilty,, surely you cant mean that I now have a record??

    Easy tiger, lol. No you haven't a record Porbation is like a slap on the wrist, your lucky you could've got a nice little fine.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Might have been addressed but just to clear up the suggestion that you will get a letter from the Probation & Welfare Services.

    What the judge in your case did is apply Section 1(1) of the Dublin (Probation of Offenders) Act 1908. This means that he found the facts alleged against you (non production NCT cert or whatever) to be proven, without proceeding to conviction, and dismissed with the benefit of S. 1(1).

    If you end up in court for anything in the future and are convicted or plead guilty his order will be referred to, so that the Judge knows you already had your chance. You usually don't get this a second time.

    As has been said, its not a conviction at all, and is a final order in the case. There's no question of you 'doing probation' as such.


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