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ARREST, CHARGES, SUMMONS, EXCUSES

  • 23-10-2010 5:53pm
    #1
    Closed Accounts Posts: 5 ✭✭✭ poteenmaker


    Hi all, If a person is in court on whatever & awaiting directions from dpp of further charges, if those charges are brought will a summons be issued & Guards make an arrest to charge the defendant before the next sitting, also when can a Guard not effect an arrest or serve a summons ie.(defendant is in hospital) after directions from dpp are to proceed with charges & what plausible excuses can be given for not showing up in court on other charges relating to the same & to those who think I'm some sum bag looking for advice I'm not, thanks


Comments

  • Closed Accounts Posts: 5,453 Delancey


    It would be easier to understand your questions if you used the occasional full stop or comma.


  • Registered Users Posts: 126 ✭✭ crow_eat_crow


    The odd question mark wouldn't go amiss either.


  • Closed Accounts Posts: 5 ✭✭✭ poteenmaker


    delancey42 wrote: »
    It would be easier to understand your questions if you used the occasional full stop or comma.
    The odd question mark wouldn't go amiss either.

    Hows this? :
    Hi all, If a person is in court on whatever & awaiting directions from dpp, of further charges & if those charges are brought, will a summons be issued & Guards make an arrest, to charge the defendant before the next sitting. Also when can a Guard not effect an arrest, or serve a summons ie.(defendant is in hospital) after directions from dpp are to proceed with charges. What plausible excuses can be given for not showing up in court, on other charges relating to the same? To those who think I'm some sum bag looking for advice I'm not, thanks
    user_online.gifreport.gif progress.gifedit.gif


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,248 Mod ✭✭✭✭ johnnyskeleton


    Hows this? :
    Hi all, If a person is in court on whatever & awaiting directions from dpp, of further charges & if those charges are brought, will a summons be issued & Guards make an arrest, to charge the defendant before the next sitting.

    Depends. Most likely if serious charges they would arrest just outside court and then go into court straight away.
    Also when can a Guard not effect an arrest,

    A guard can only arrest a person where they have a specific lawful authority to do so.
    or serve a summons ie.(defendant is in hospital) after directions from dpp are to proceed with charges.

    Don't see why they can't serve a summons in a hospital.
    What plausible excuses can be given for not showing up in court, on other charges relating to the same?

    Like you say "plausible" excuses. Implausible ones, or ones that are simply not true, will rarely be tolerated. It is highly recommended that a person do turn up in court if required to do so.


  • Banned (with Prison Access) Posts: 2,139 Jo King


    If the excuse is not given on the day the court sits an order will be given to arrest the Defendant and bring him before the court. If there is an excuse and it is accepted the matter will be adjourned. If the defendant is arrested bail will have to be obtained unless the original excuse is accepted and the warrant cancelled. Excuses will only be accepted once or twice in any event and there will always be a record on the file. This will have an effect when the time comes for sentence. Messing around will result in a heavier sentence.
    The best excuse is to be dead. Otherwise the excuse should be given to the prosecuting guard well in advance so that they can check it.


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  • Closed Accounts Posts: 5 ✭✭✭ poteenmaker


    Jo King wrote: »
    If the excuse is not given on the day the court sits an order will be given to arrest the Defendant and bring him before the court. If there is an excuse and it is accepted the matter will be adjourned. If the defendant is arrested bail will have to be obtained unless the original excuse is accepted and the warrant cancelled. Excuses will only be accepted once or twice in any event and there will always be a record on the file. This will have an effect when the time comes for sentence. Messing around will result in a heavier sentence.
    The best excuse is to be dead. Otherwise the excuse should be given to the prosecuting guard well in advance so that they can check it.

    My query came from what i read here http://www.independent.ie/national-news/garda-inefficiency-leads-to-assault-case-being-dismissed-512610.html from what i can make out there was a time limit on summons & the summons wasn't served while he was in hospital resulting in the case being dismissed, seems a little coincidental!! anyway if it works for this accused why not for all???


  • Closed Accounts Posts: 5,453 Delancey


    My query came from what i read here http://www.independent.ie/national-news/garda-inefficiency-leads-to-assault-case-being-dismissed-512610.html from what i can make out there was a time limit on summons & the summons wasn't served while he was in hospital resulting in the case being dismissed, seems a little coincidental!! anyway if it works for this accused why not for all???

    In the example given it seems the crucial factor was the Garda with the summons being out sick and no other Garda being in a position to serve it.


  • Banned (with Prison Access) Posts: 7,771 ✭✭✭ michael999999


    just out of curiosisty,if you assaulted someone but were never arrested for it,whats the time limitations a summons can be served.


  • Closed Accounts Posts: 9,897 ✭✭✭ MagicSean


    Hi all, If a person is in court on whatever & awaiting directions from dpp of further charges, if those charges are brought will a summons be issued & Guards make an arrest to charge the defendant before the next sitting, also when can a Guard not effect an arrest or serve a summons ie.(defendant is in hospital) after directions from dpp are to proceed with charges & what plausible excuses can be given for not showing up in court on other charges relating to the same & to those who think I'm some sum bag looking for advice I'm not, thanks

    If a person is already due in court they will usually be charged outside the courtroom or the person will be arrested and charged at the station.

    A garda cannot serve a summons if he cannot locate a person, a relative, a work place or a permanent place of residence for the accused.

    Excuses for not turning up in court are generally restricted to medical or family death grounds.
    My query came from what i read here http://www.independent.ie/national-news/garda-inefficiency-leads-to-assault-case-being-dismissed-512610.html from what i can make out there was a time limit on summons & the summons wasn't served while he was in hospital resulting in the case being dismissed, seems a little coincidental!! anyway if it works for this accused why not for all???

    The summons must be issued within six months but does not have to be served until 10 days before the court date. If it is not served on time it can be reissued for a new court date. There would have to be good reason for it not being served for the judge to accept a challenge this if it is challenged.
    just out of curiosisty,if you assaulted someone but were never arrested for it,whats the time limitations a summons can be served.

    If it is within a year you are probably safe from a Section 2 assault case, assuming you have not moved or cannot be located. If there was harm caused it is indictable and there is no limit.


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