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Time Limit to prosecute s3 Assault.

  • 18-07-2011 10:21am
    #1
    i.D
    Closed Accounts Posts: 14 ✭


    Hi All,

    Just a quick question. A friend of mine has been attacked about a year or so ago and he received a call from the guard who said that they can not proceed with the assault under s3 of the non fatal offences against the person act as it is now statute barred.

    Is this the case?


Comments

  • #2
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    You sure it's not Section 2? That'd be 6 months.
    Section 3 should be unlimited (within reason).


  • #3
    i.D
    Closed Accounts Posts: 14 ✭i.D


    From what I am told it is under Section 3 Assault but I will clarify this just for checking. Thanks my friend


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


    If the case was investigated as a Section 3 assault but the DPP decided the injuries were not serious enough and only equalled a section 2 assault then this would leave the case statute barred.


  • #5
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Seanbeag1 wrote: »
    If the case was investigated as a Section 3 assault but the DPP decided the injuries were not serious enough and only equalled a section 2 assault then this would leave the case statute barred.
    Good call, that totally slipped my mind.


  • #6
    i.D
    Closed Accounts Posts: 14 ✭i.D


    Thanks guys,

    I am sure it was a s3 assault have talked to my friend and he said that he was informed that under s3 assault it is statute barred after 1 year. The person who assaulted my friend has not been arrested as of yet and the guards are looking to speak with him in relation to a number of other matters.

    But that was the statement the guard made when speaking about s3.


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  • #7
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Must be something wrong with the info... crossed wires or something. Defamation is the only thing I can think of off the top of my head that is 1 year SoL.


  • #8
    i.D
    Closed Accounts Posts: 14 ✭i.D


    Im aware that its not statute barred but Im only going on the info I have been given.

    He received 4 stitches to his mouth after the assault so I would imagine that would be serious enough to be charged pursuant to section 3.

    but then again I have not had much more info in relation to same to make a judgment.

    Thanks guys


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