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Time limitations

  • 20-12-2010 7:00pm
    #1
    nodolan
    Registered Users, Registered Users 2 Posts: 313 ✭✭


    Hi there,

    I'm not looking for legal advice (really I'm not) I just want to clarify a technical issue.

    AFAIK a (District Court) summons must be issued within six months of a criminal offense being committed, is that true?

    Is that six calendar months or six months from the date of the offense? e.g. If a Section 4 was committed on February 8th 2010 must the summons be issued/sought by July or August 8th 2010?

    If a summons is sought/issued after August 8th 2010 is it valid?

    I understand that the complaint date (to the District Court) is also important, is that true and is that where the six month rule applies?

    Many thanks.


Comments

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


    S. 10(4) petty sessions act 1845 provides unless otherwise provided for by law, a complaint for a summary offence must be made within 6 months. It is the making of the complaint (which for most modern prosecutions involves the garda computer system seeking a court date off the district court clerk's computer system pursuant to the courts no: 3 act 1986 that matters


  • #3
    nodolan
    Registered Users, Registered Users 2 Posts: 313 ✭✭nodolan


    Many thanks gabhain7.

    So I need to contact the CAPU (Central Administration Processing Unit) or District Court to find out when that initial application was made. Do I just walk over to the District Court or phone the DPP and am I entitled/privvy to such info? (is that legal advice? I hope not).


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    is the application date not on the summons?


  • #5
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    the application date will be recited on the summons at the beginning:
    "Whereas on x date an application was made..."


  • #6
    nodolan
    Registered Users, Registered Users 2 Posts: 313 ✭✭nodolan


    Thanks again gabhain7 - it was just inside the limit. I read the summons so many times and never noticed that bit - weird or what? Must learn to read legal documents properly.

    p.s. I've 'liked' http://www.reformmovement.ie on Facebook and 'followed' them on Twitter - totally agree with it.


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  • #7
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Hi, remember although we can discuss general legal principles such as time limits for district court cases, we can not give advice on individual cases here.

    You should get professional legal representation if you are facing a criminal trial.

    Also thanks for supporting the side project myself and some friends at work are up to.


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