Charging at the scene?

Sala

Is it true that if you are stopped by the gardai and details taken, if they don't charge you at the scene with a crime you will not get a summons?

coylemj

No it is not true. Strictly speaking, being 'charged' means being arrested and brought to the station where the Garda will enter details of the alleged offence onto a court document called a charge sheet, then he/she will formally read out the 'charge' to you and ask you to respond.

Depending on the seriousness of the charge, you will then be either released on your own bail to appear in the District Court, or you will be brought in custody to the District Court and appear in front of a judge.

Going back to your encounter on the street with a Garda, for certain road traffic offences the Garda is obliged to inform you there and then that he will consider prosecuting you for specific offences. For public order and minor assault cases the Garda can issue summons later, regardless of what he did or did not say to you on the street.

In some cases you can be arrested and brought to the station but released without being charged. This might be because the Gardai need to collect witness statements and submit a file to the DPP. If the DPP comes back and says that you should be prosecuted, they would then issue a summons.