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Summons question

  • 21-07-2010 5:48pm
    #1
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭


    This is definitely a stupid question, but I'm not so great at criminal law. Does a Garda have to tell you that you will be receiving a summons for an offence?
    Say for example it's a public order offence (something relatively minor like s4 or s5). You talk to a Garda and they ask for your info - do they then have to say " you'll be receiving summons for s4/s5 etc." or can they just send you a summons for an offence without warning.

    Not a real situation, but just discussing it with a friend last night and he seemed to think they must tell you that they are citing you for an offence and I wasn't so sure about it.


Comments

  • #2
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    OisinT wrote: »
    This is definitely a stupid question, but I'm not so great at criminal law. Does a Garda have to tell you that you will be receiving a summons for an offence?
    Say for example it's a public order offence (something relatively minor like s4 or s5). You talk to a Garda and they ask for your info - do they then have to say " you'll be receiving summons for s4/s5 etc." or can they just send you a summons for an offence without warning.

    Not a real situation, but just discussing it with a friend last night and he seemed to think they must tell you that they are citing you for an offence and I wasn't so sure about it.

    No they dont have to tell you.

    In days gone by we had to caution offenders in regards to possible prosecution under Section 53 Road Traffic Act (dangerous driving) but that is since gone.


  • #3
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Cheers... looks like I'm owed a drink :D


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