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What's the difference between a strike out and an acquittal?

  • 05-10-2010 12:19pm
    #1
    Registered Users, Registered Users 2 Posts: 2,157 ✭✭✭


    The local paper often reports about cases being struck out- what does this mean?

    In legal terms, is it much different to an acquittal?

    And, if a case is struck out in the District Court, before it even goes to hearing, is it right that the accused person is left with such a record?


Comments

  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    The local paper often reports about cases being struck out- what does this mean?

    In legal terms, is it much different to an acquittal?

    And, if a case is struck out in the District Court, before it even goes to hearing, is it right that the accused person is left with such a record?

    Striking out a case is not even having a hearing.

    An acquittal is having a hearing and acquiting the accused.

    Neither will result in a criminal record.


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


    I don't disagree.

    Technically an acquittal results only from a trial on indictment. The District Court equivalent is a dismissal. They are of like effect.

    Importantly, a dismissal is a final order which can not be re-visited (subject to recent law changes regarding re-trials on new evidence coming to light) whereas a charge which is struck out can be re-entered and proceeded with in the future.


  • Registered Users, Registered Users 2 Posts: 2,157 ✭✭✭Johnny Utah


    NoQuarter wrote: »
    Striking out a case is not even having a hearing.

    An acquittal is having a hearing and acquiting the accused.

    Neither will result in a criminal record.

    Yes, I know neither will result in a criminal record. I meant 'record' in the sense that there is a record of a case being brought.


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


    There will be garda records of the prosecution, and a record of any order made by the court maintained by courts services. There may also be listings in electronic and paper format of the case.


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