No summons for my brother

John400

To cut a long story short-my brother was arrested for an incident, now over 15 months ago. I'd prefer not to mention the offence.

He was out with his friends the night before and went a bit overboard on the drink. Anyway, needless to say this was totally out of character for him and he is a genuinely decent fella and this is his first offence. My family know what happened but we've kept it to ourselves. None of his friends or work colleagues or extended family know about it.

He was worried sick about what happened so he arranged to contact a solicitor the next day(15 months ago). He wasn't given a charge sheet but his details were taken by the Gardai. The solicitor asked him was he given a charge sheet, he wasn't..and then the solicitor was of the opinion that he may not be summoned for the incident at all. Possible worst case scenario-Probation Act.

The solicitor advised him to see his GP which he did, then went to see a counsellor for a few sessions which went well.

He had a follow up meetings with his GP who advised him to see a psychiarist for a couple sessions due to his mental health. This again went well, both the GP and psychiarist were of the opinion that it was highly unlikely that he will be summoned now, although they did both feel he had to calm down on the booze which he has done.

He is going about his life as normal now, work is going well for him etc..

He had another meeting with his GP yesterday, his doctor told him that there was people getting arrested for much worst offences etc...he can't see this being followed up.

I was talking to my other older brother on the phone tonight and he feels that my younger brother is really small-fry to the Gardai in relation to other offences being commited.

Can you see anything coming of this after 15 months? I'm still a bit worried about him.

Mikros

for most summary offences the statute of limitations is 6 months. So if your brother hasn't received a summons within that time period then you can assume there will be no further action. No need to be worrying about it 15 months later. Lesson learnt time to move on.

Wagon

He's not getting a summons by now. Not a chance. So tell him not to be worrying

Millicent

According to the Citizen's Advice, depending on the crime, there may not be a time limit. Without knowing what it is, it's kind of hard to say. If it is very serious, there may still be.

However, I'd imagine that if it did go to trial, the fact that he has really taken steps to sort it out should count a lot in his favour.

Do you have reason to be worried about him OP? I know it might prey on your mind, but worrying about it will do you no good. Your brother sounds like he has been very responsible in dealing with it.

John400

Millicent wrote: »

According to the Citizen's Advice, depending on the crime, there may not be a time limit. Without knowing what it is, it's kind of hard to say. If it is very serious, there may still be.

However, I'd imagine that if it did go to trial, the fact that he has really taken steps to sort it out should count a lot in his favour.

Do you have reason to be worried about him OP? I know it might prey on your mind, but worrying about it will do you no good. Your brother sounds like he has been very responsible in dealing with it.

Thanks everybody for your replies.

No, i wouldn't describe the incident in the 'very serious' category at all. It was serious to a degree as he was arrested for it in the first place! More-so daft and stupid than very serious.

Personally i do think the incident is gone from him now, nothing will be done at this stage. You've all confirmed what i was thinking.

Actually, his GP commented to him that he had most definitely the right thing..i.e. he realised he did something daft and had ended up going to three professional people for help (2 medical, 1 legal) Nothing wrong with that.

Also he didn't bull**** the Gardai in that he admitted the offence straight up.

I think the Gardai have bigger fish to fry.

With it now being 15 months, he was initially by the solicitor that if they chased him up, he would receive a summons most likely within a year, nothing has transpired.

He was worried about being embarassed in front of family, friends and work colleagues etc if anything happened. Understandable reaction, i'm keeping an eye on him, he's grand.

mikemac

6 month limit but it can be extended.

Realy, it's not going to happen now after 15 months.
And if it goes to Court the judge will be impressed by the followup your brother did.

Realy, stand outside the chipper at 1am tonight in your local town and you'll see ten other incidents that are worthy of court appearances.

You said it best, bigger fish to fry