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Court Summons Query

  • 08-06-2011 8:14pm
    #1
    fergal23
    Registered Users, Registered Users 2 Posts: 48 ✭


    Quick question. A guy I know was arrested a month ago for Public Order and put in cell for night. He got an adult caution before so the garda said he'll be up in court in a month. He left and received nothing in the post nor did a garda come to his house with a court summons. Little did he know his case went ahead and he was fined.

    My question is, is the garda just saying that he'll be up in court a summons or does it have to be in writing? Seems a bit unfair if nothing was sent out or nobody made anymore contact with him about it.


Comments

  • #2
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Do a serach; there have been loads of threads on summons and their requirements.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    fergal23 wrote: »
    Quick question. A guy I know was arrested a month ago for Public Order and put in cell for night. He got an adult caution before so the garda said he'll be up in court in a month. He left and received nothing in the post nor did a garda come to his house with a court summons. Little did he know his case went ahead and he was fined.

    If the case was going to go ahead via summons it would have taken well over a month from the date he was arrested, more like three to six months. If he says he didn't receive a summons, was he bailed by the Gardai to appear on a set date or did they just release him and say that he'd get a summons?

    If he wasn't bailed by the Gardai and didn't receive a summons then the case shouldn't have gone ahead. He should lodge an appeal but if the case was heard more than two weeks ago it's now too late to lodge an appeal in which case his only legal remedy would be to get a solicitor to submit an application to extend the time for lodging an appeal on the basis that he had no notification of the District Court case and if this is successful he can then lodge an appeal and have the case reheard in the Circuit Court.

    That's assuming he wants to appeal the fine.....


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