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Assault - Time lines for charges

  • 15-06-2011 3:05pm
    #1
    antodeco
    Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭


    Hi All,
    Quick question. A recent assault happened but at the time, after Gardai asked, no assault charge was requested from the person. Is there a time limit for the person to change their mind and subsequently press charges, even after declining to at the time?

    Thanks


Comments

  • #2
    davmol
    Registered Users, Registered Users 2 Posts: 883 ✭✭✭davmol


    I dont know the exact specifics of teh law but from experience the complainant can change their mind in future ,as to what is teh expiration date of when they might I havent a clue


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


    Depends in the level if injury.


  • #4
    antodeco
    Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    If the assault has been from being hit with a car? No severe injuries, but there's a pending medical examination?


  • #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Most likely six months until it's statute barred.


  • #6
    antodeco
    Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    Would standard limitations apply, even once its been reported to the Gardai, but not actioned upon?


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  • #7
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Seanbeag1 wrote: »
    Most likely six months until it's statute barred.

    The time limit for S2 assault is six months. It is unlimited for s3 and s4 assaults.


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    bath handle wrote: »
    The time limit for S2 assault is six months. It is unlimited for s3 and s4 assaults.

    No severe injuries would indicate a S2 or dangerous driving charge to me.


  • #9
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Seanbeag1 wrote: »
    No severe injuries would indicate a S2 or dangerous driving charge to me.

    There are injuries, a medical report is being obtained. In that case section 3 (assault causing harm) is entirely possible. There is no time limit for prosecution for dangerous driving either.


  • #10
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Jo King wrote: »
    There are injuries, a medical report is being obtained. In that case section 3 (assault causing harm) is entirely possible. There is no time limit for prosecution for dangerous driving either.

    Are you sure? It was my understanding that dangerous driving is a summary offence unless it causes serious injury or death.


  • #11
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Seanbeag1 wrote: »
    Are you sure? It was my understanding that dangerous driving is a summary offence unless it causes serious injury or death.

    Correct, dangerous driving (S.53 RTA 1961) not involving death or serious injury is a summary offence and as such would be subject to the 6 month rule.

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0053.html#sec53


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