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Two years then a summons?

  • 12-12-2010 4:52pm
    #1
    chem
    Registered Users, Registered Users 2 Posts: 1,230 ✭✭✭


    Hi all.

    Just wondering if two years is a long time between offence and a summons? Seems along time to get around to it?


Comments

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


    It depends on the offence. It is too long for a minor offence but maybe not if it was an indictable offence.


  • #3
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    It could be a minor offence if the summons couldn't be served and was reissued.


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Or a revenue/fisheries/epa etc prosecution.

    Consult a solicitor if it is you who got the aforesaid summons.


  • #5
    spurs2010
    Closed Accounts Posts: 14 ✭spurs2010


    Hi johnnie Skelton is on the money.

    Most summonses even for indictable crimes have to applied for within 6 months of the date of the offence unless a statute provides for a 12 month period for example in relation to illegal cigarette duty evasion.

    How a summons can take two years is that many months are held up in the Court Service in having them issued. If service of the summons has been avoided or the address of the accused has changed and the Garda becomes aware of any new address it could explain the 2 years.

    You should consult a court solicitor

    Best of luck


  • #6
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    spurs2010 wrote: »
    Hi johnnie Skelton is on the money.

    Most summonses even for indictable crimes have to applied for within 6 months of the date of the offence unless a statute provides for a 12 month period for example in relation to illegal cigarette duty evasion.

    Indictable crimes or either way offences even if prosecuted summarily are not subject to the 6 month time limit in s . 10(4) of the Petty Sessions Act


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  • #7
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Unreasonable delay springs to mind here.


  • #8
    audidiesel
    Closed Accounts Posts: 318 ✭✭audidiesel


    as mentioned already. for many offences the summons has to be issued within 6 months. there are many more serious offences where you dont have the same time limit.

    once the summons has been applied for, there is no timelimit to when i can be served. provided reasonable attempts were made to serve it, the courts will merely re-issue the summonses for a later date.


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