Case Struck Out- Records?

okioffice84

Hi can anyone tell me what records would be kept of an arrest, charge and district court appearance for criminal damage which was struck out by the judge, as the owner of the property asked that charges be dropped. No conviction was registered and the probation act was not applied. The incident happened 8 years ago. Thanks

the locust

I'd imagine gardai still have all the details of the arrest charge and court appearance on their system, likewise the district court and gardai would have a record of the outcome of the case.

If the owner of the property withdrew charges then yeah chances are the case was struck out, thus no conviction - struck out of court.

Reloc8

There will be various records of the case having been commenced. A case being 'struck out' formally means that no Court Order was made in it, so there will be no order in existence - the usual way of identifying the case outcome.

As has been noted correctly above there will likely be garda records of the incident, probably in paper and other forms. The way I understand PULSE, once a case is finalised in this way it is not 'active' so to speak and is not included with those cases which are convictions/probation act orders.

In the situation you describe, there are no circumstances in which a check against criminal record or similar would disclose either the fact of an arrest (if indeed there was any arrest), the fact of court appearances, or the fact that no order was made ultimately.

okioffice84

Just dug this out, Criminal Justice Act 1984 s.8. Does this mean the garda would have destroyed all the records of arrest??


Destruction of records. 8.—(1) Every photograph (including a negative), fingerprint and palm print of a person taken in pursuance of the powers conferred by section 6 and every copy and record thereof shall, if not previously destroyed, be destroyed as this section directs.
[GA]
(2) Where proceedings for an offence to which section 4 applies are not instituted against the person within the period of six months from the date of the taking of the photograph or print and the failure to institute such proceedings within that period is not due to the fact that he has absconded or cannot be found, the destruction shall be carried out on the expiration of that period.
[GA]
(3) Where proceedings have been so instituted and the person is acquitted or discharged or the proceedings are discontinued, the destruction shall be carried out on the acquittal, discharge or discontinuance.
[GA]
( 4 ) ( a ) Where a person is the subject of an order under subsection (1) or (2) of section 1 of the Probation of Offenders Act, 1907, the destruction shall be carried out at the expiration of three years from the making of the order provided that he has not been charged with an offence during that period.
[GA]
( b ) Paragraph (a) shall not apply to an order under section 1 (2) of that Act discharged on the appeal of a person against conviction if on appeal his conviction is affirmed.
[GA]
(5) The person concerned, his solicitor or some other person authorised by him in writing to act on his behalf shall be entitled, on request, to witness the destruction.
[GA]
(6) Where civil proceedings are instituted before a particular photograph or print is required to be destroyed under this section and a party to the proceedings serves notice on the Commissioner of the Garda Síochána that it may be required in connection with the proceedings, then, notwithstanding anything in this section, the photograph or print shall be preserved until six months from the conclusion of the proceedings or until the conclusion of any proceedings on appeal, whichever is the later.
[GA]
(7) Notwithstanding anything in the foregoing provisions of this section, a justice of the District Court may, on the application of the Director of Public Prosecutions, authorise the preservation of a photograph or print for a period not exceeding six months on being satisfied that it may be required for the purpose of further proceedings in relation to the offence.

the locust

Nope.

I believe that simply refers to finger prints & photographs which have been taken can be destroyed depending on the outcome of the case.

No mention of destroying the details/records of the arrest. When Gardai do a check on said person they will know the history and know what/who they are dealing with.