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Is it appropriate to ask a Guard to drop a charge?

  • 13-06-2011 10:47pm
    #1
    squeek squeek
    Closed Accounts Posts: 31 ✭


    Just asking nicely? I just want to know if it is appropriate to ask thats all. Is it worth a try or just ignorant?
    ( I don't know the guard at all)

    Also, where would your summons come from if you committed the offence in another area? ( as in would it be delivered from your local station or the prosecuting officers station)


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    What kind of an offence are we talking about?

    It's difficult to say whether it would be 'appropriate' or not. If you haven't yet received a summons then I don't believe you would be breaking any law by contacting him and giving a good reason why he shouldn't prosecute you but how you would approach this (i.e. what you'd actually say) would depend on the type of offence involved.

    If the summons comes in the post it will be from the office of the District Court to which you are being summonsed which will be roughly in the nearest town to where the offence was committed. If it's served by a Garda it will be someone from your local station regardless of where the offence was committed.


  • #3
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    Asking cant hurt, if you give him a good reason. AS in* there is something new that proves your innocent. It really is up to the courts to decide wether or not you face punishment.


    * edited


  • #4
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Zambia wrote: »
    Asking cant hurt, if you give him a good reason. Unless there is something new that proves your innocent. It really is up to the courts to decide wether or not you face punishment.

    It is most improper. It might be considered as an attempt to pervert the course of justice.


  • #5
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    Depends what he wants the charged dropped for.

    Dear Garda

    You are charging me for x offence as I did not have Y. I have now found y and enclose a certified copy of y.



    Depends on the circumstance and the offence.

    I would agree a request to not be prosecuted that was just a request. That would be improper but it would be ignored anyway.


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Milk & Honey wrote: »
    It is most improper. It might be considered as an attempt to pervert the course of justice.

    If it's ok to ask for leniency when he stops you at the side of the road ('can you see your way of overlooking this speeding/breaking a red light and I won't do it again?') then there's no reason why you couldn't contact him/her a few days later and make the same plea.

    Until he initiates a prosecution the matter is totally between him and you, you are not trying to bribe or threaten witnesses or offer the Garda money to forget the incident, all you're doing is asking him to exercise a discretion which he has in law so it would not be considered perverting the course of justice.

    If the summons has been issued, that is a different matter as it's out of his hands at that stage so you would have no business asking him to drop the charges.


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