committal warrant can any one explain the process of this..

spider_pig

committal warrant can any one explain the process of this (i know its a warrent that is set to pick some one up and lodge them in prison) if a judge makes one today in some one's absence how long do they have before there's a load of gardai banging down the door..?
is it activated that day or will it take some time before its activated

HarryPotter41

I don't think they race around and look for the person straight away, in much the same way they don't keg it rounf when a bench warrant is issued. But if that person is known to gardai and they are met on the street fairly soon by a member of the Gardai they will generally find themselves lifted when existence of the committal warrant becomes known

spider_pig

HarryPotter41 wrote: »

I don't think they race around and look for the person straight away, in much the same way they don't keg it rounf when a bench warrant is issued. But if that person is known to gardai and they are met on the street fairly soon by a member of the Gardai they will generally find themselves lifted when existence of the committal warrant becomes known

that's grand i really hope they dont come so soon i sent in a doctors cert and it was refused and was looked at as a no show and i received a sentence in my absence

HarryPotter41

spider_pig wrote: »

that's grand i really hope they dont come so soon i sent in a doctors cert and it was refused and was looked at as a no show and i received a sentence in my absence

Did you not have a brief capable of making that point to them? And if it wasn't a particularly serious offence I doubt they will send the RSU around after ya.

spider_pig

HarryPotter41 wrote: »

Did you not have a brief capable of making that point to them? And if it wasn't a particularly serious offence I doubt they will send the RSU around after ya.

had a barrister obviously not a very good one but its for breech of the peace blowing the fcuck outta one of them vuvuzelas at a football match totally ridiculous.
all i got was a call from there secretary to let me know the out come and said no one there to let me know where i stand on things

HarryPotter41

spider_pig wrote: »

had a barrister obviously not a very good one but its for breech of the peace blowing the fcuck outta one of them vuvuzelas at a football match totally ridiculous.
all i got was a call from there secretary to let me know the out come and said no one there to let me know where i stand on things

A vuvuzela??? Then they should send the RSU around for ya, I hate those F*%$&% things I am also guessing that there was more than a vuvuzela breach of the POA, maybe a little sec 6?? From my experience I don't think there will be major resources put into tracking ya down mate so don't sweat it. And get rid of that bloody yoke will ya.

spider_pig

HarryPotter41 wrote: »

A vuvuzela??? Then they should send the RSU around for ya, I hate those F*%$&% things I am also guessing that there was more than a vuvuzela breach of the POA, maybe a little sec 6?? From my experience I don't think there will be major resources put into tracking ya down mate so don't sweat it. And get rid of that bloody yoke will ya.

they broke it haha there was a 4 an 6 the 6 was struck out the copper was been nice cause i was very apologetic about the situation but it still didnt go good towards me

HarryPotter41

spider_pig wrote: »

they broke it haha there was a 4 an 6 the 6 was struck out the copper was been nice cause i was very apologetic about the situation but it still didnt go good towards me

They broke it? Fair play to the Gardai then. And I knew they didn't arrest ya for the vuvuzela, its annoying but not a breach of the peace, just sanity. Apologetic was the right way to go ( though shutting up is the better way, they have all the power mate ) but apologies wasn't gonna sober ya up and get ya out of sec 4

The fact that there was a committal warrant issued suggests you had previous or you wouldn't have had a custodial sentence imposed. Depending on your record and the attitude the Gardai have towards you they might not pursue it. If ya have too much form they may. How long a term were you sentenced to?

Captain Commie

I know in the north it takes ages before they come a knocking. had a warrant for arrest issued a year ago to bring me infront of a judgements officer (didnt pay a loan) and it took 9 months before the PSNI knocked on the door looking me, of course i was living in dublin so they couldnt do nothing.

Copper was real nice about it, i phoned them up and he said that because they know im not in the state any more that they wont go looking me, but if i was stopped and they checked me out that i would be taken into custody straight away.

Phoned the judgements office and told em that i live in dublin, losing my job in a week and cant afford, told them that not looking good for getting another job, so they said they will phone me in a year to see if can make some payments.

Was up 3 weeks after that and got stopped, (stupid biggoted PSNI stopping Irish cars driving through a loyalist town cause they are suspicious). officer took my license read it and said, ah i see you got that warrant sorted and sent me on my way.

spider_pig

HarryPotter41 wrote: »

They broke it? Fair play to the Gardai then. And I knew they didn't arrest ya for the vuvuzela, its annoying but not a breach of the peace, just sanity. Apologetic was the right way to go ( though shutting up is the better way, they have all the power mate ) but apologies wasn't gonna sober ya up and get ya out of sec 4

The fact that there was a committal warrant issued suggests you had previous or you wouldn't have had a custodial sentence imposed. Depending on your record and the attitude the Gardai have towards you they might not pursue it. If ya have too much form they may. How long a term were you sentenced to?

few bits and bobs noting too serious but in the end it does add up.
sentenced to 4 months in mount joy, any one would look at me and say out straight id be eatin alive in there im only a young fella too and there's some mean fcukers in there

HarryPotter41

innovated wrote: »

I know in the north it takes ages before they come a knocking. had a warrant for arrest issued a year ago to bring me infront of a judgements officer (didnt pay a loan) and it took 9 months before the PSNI knocked on the door looking me, of course i was living in dublin so they couldnt do nothing.

Copper was real nice about it, i phoned them up and he said that because they know im not in the state any more that they wont go looking me, but if i was stopped and they checked me out that i would be taken into custody straight away.

Phoned the judgements office and told em that i live in dublin, losing my job in a week and cant afford, told them that not looking good for getting another job, so they said they will phone me in a year to see if can make some payments.

Was up 3 weeks after that and got stopped, (stupid biggoted PSNI stopping Irish cars driving through a loyalist town cause they are suspicious). officer took my license read it and said, ah i see you got that warrant sorted and sent me on my way.

It really does depend on the Gardai dealing with it. Unfortunately spider_pig has been convicted of an arrestable offence, not non payment. Will totally depend on whether his previous makes the Gardai decide that its a way of getting him off the street. But I am sure hes a good upstanding citizen ( a vuvuzela though, hmmm )

HarryPotter41

spider_pig wrote: »

few bits and bobs noting too serious but in the end it does add up.
sentenced to 4 months in mount joy, any one would look at me and say out straight id be eatin alive in there im only a young fella too and there's some mean fcukers in there

4 months for sec 4??? Thats more than a few bits and bobs man. Talk to your brief, see what they say but it might be better to present yourself to them rather than be arrested and dragged off unexpectedly.

spider_pig

HarryPotter41 wrote: »

But I am sure hes a good upstanding citizen ( a vuvuzela though, hmmm )

that i am (except for the vuvuvzela dunno were i went wrong) only charges i had were from my teens and i had an upcomeing career in the army i was more then half way through my selection process but no the judge wouldn listen.
now if i was that judge id see sense like i provided proof off all my interviews and training days but nope now ill have to quit all that all over a vuvufcukingzela

spider_pig

HarryPotter41 wrote: »

4 months for sec 4??? Thats more than a few bits and bobs man. Talk to your brief, see what they say but it might be better to present yourself to them rather than be arrested and dragged off unexpectedly.

i know 4months its under the maximum she told me but here main grief was because i failed to appear even tho i had a medical cert in court and a letter of appointment that i had last week in the hospital but still refused it.
im going to appeal as far as i can cause its a joke

HarryPotter41

spider_pig wrote: »

that i am (except for the vuvuvzela dunno were i went wrong) only charges i had were from my teens and i had an upcomeing career in the army i was more then half way through my selection process but no the judge wouldn listen.
now if i was that judge id see sense like i provided proof off all my interviews and training days but nope now ill have to quit all that all over a vuvufcukingzela

Jesus, you musta had a s*&t brief. Depends on what you had from your teens, if judges see a pattern they try to send a message. Lots of judges are intolerant of Public Order incidents because its what they have in front of them all the time and they are sick of it. Gonna totally screw up your army career though. Definitely try appealing it and wouldn't be able to comment totally without knowing what your other convictions were and thats your own business, not mine. Might be able to see what someone else thinks on it and let ya know.

Reloc8

spider_pig wrote: »

had a barrister obviously not a very good one but its for breech of the peace blowing the fcuck outta one of them vuvuzelas at a football match totally ridiculous.
all i got was a call from there secretary to let me know the out come and said no one there to let me know where i stand on things

Look, as you say yourself, you wern't in court. You don't know that your solicitor didn't attend themselves. You don't know what the reasons for the judge doing what they did were. You don't know how reasonable the judge was or wasn't. It was the judge who decided your case.

HarryPotter41 wrote: »

4 months for sec 4??? Thats more than a few bits and bobs man. Talk to your brief, see what they say but it might be better to present yourself to them rather than be arrested and dragged off unexpectedly.

Can't be 4 months for a section 4 (Section 4 Public Order Act carries no jail time).

HarryPotter41 wrote: »

Jesus, you musta had a s*&t brief. Depends on what you had from your teens, if judges see a pattern they try to send a message. Lots of judges are intolerant of Public Order incidents because its what they have in front of them all the time and they are sick of it. Gonna totally screw up your army career though. Definitely try appealing it and wouldn't be able to comment totally without knowing what your other convictions were and thats your own business, not mine. Might be able to see what someone else thinks on it and let ya know.

If you are not in court and the judge decides to proceed in your absence there is essentially nothing your brief can do for you.

OP - you can't get 4 months for a Section 6 Breach of the Peace (Public Order Act 1994) either - the max is 3 months.

What you need to do now presuming you are accurate in what you say (your account is essentially impossible - to get 4 months you must have been charged with something else) is get an appeal lodged. Deal with your solicitor to do this. The minute the appeal is lodged properly, the committal warrant is stayed pending appeal. Your solicitor can also advise on whether you have any other remedies open to you.

If you're asking when will the warrant be executed, you could get a nasty surprise effectively at any time. There is a legal obligation to execute it promptly and it really comes down to the will of the prosecuting member and/or the warrants officer in your local station as to when they will arrive.

Talk to your solicitor.

spider_pig

so to cut it short if i go lodge an appeal tomorrow will that put a hold on it iv a meeting with the solicitor tomorrow at 5pm but what good use would that be if they arrive friday morning

i got the 4 months because i had previous for similar public order.
there was originally 2 charges with 1 struck out it could very well be the section 4 struck out, i might have my wires crossed this solicitor aint the best at all he hasn't explained anything to me as yet so basicly at the moment im like a fish out of water with the situation.
i know the warrants officer she lives up few doors from me i could maybe ask her for a day or two to lodge an appeal

HarryPotter41

spider_pig wrote: »

so to cut it short if i go lodge an appeal tomorrow will that put a hold on it iv a meeting with the solicitor tomorrow at 5pm but what good use would that be if they arrive friday morning

i got the 4 months because i had previous for similar public order.
there was originally 2 charges with 1 struck out it could very well be the section 4 struck out, i might have my wires crossed this solicitor aint the best at all he hasn't explained anything to me as yet so basicly at the moment im like a fish out of water with the situation.
i know the warrants officer she lives up few doors from me i could maybe ask her for a day or two to lodge an appeal

Sounds more like 6 and 8, with a sentence for those and possible sentence for contempt for non appearance because the other poster is right, 3 months max for 6 but no jail time for 4. they probaly won't arrive Friday morning but get the solicitor to act quickly. they will more likely arrest you on the street if they run into you than send someone around to get you.

Reloc8

Yeah you still can't get 4 months for a S. 6 Public Order Act Breach of the Peace but anyway.

Lodge Appeal = problem solved for now. Until appeal is lodged, you don't know when/if they might knock up to you. If they do knock up to you they are unlikely to give you any time.

Your solicitor should tell you if you need to lodge any money as a recognisance or do anything else to get the appeal going. Ring them first thing tomorrow and find out.

spider_pig

iv debs monday which is one major reason i want to get a hold on it, also the stupidity of the hole thing and the army career if i step foot inside thats it gone,they know about it but prison will defo be the end of it all i just need time to get it sorted out
also not taking my medical condition into account was ridiculous

HarryPotter41

spider_pig wrote: »

iv debs monday which is one major reason i want to get a hold on it, also the stupidity of the hole thing and the army career if i step foot inside thats it gone,they know about it but prison will defo be the end of it all i just need time to get it sorted out
also not taking my medical condition into account was ridiculous

Judges get every excuse going so they tend to ignore a lot of that kind of thing. I just hope it helps you realise the effect your behaviour in drink can have furthur down the line. Hope it works out for ya.

spider_pig

HarryPotter41 wrote: »

Judges get every excuse going so they tend to ignore a lot of that kind of thing. I just hope it helps you realise the effect your behaviour in drink can have furthur down the line. Hope it works out for ya.

i hope it works too havent been in trouble in years until them vuvuzelas came to ireland i woulda thought a doctors cert would have worked it was a genuine illness backed up with a hospital cert but no joy

FreudianSlippers

I think OP has gotten an adequate answer to the original question. Bordering on legal advice now.