Statute barred limitations: section 2 assault.

cursai

Hey. Could someone clarify for me when section 2 assault becomes statute barred. 6 months from the incident occurring or six months from the injured parties statement having being taken.
I understand it says in the legaslation that the timer starts from the first instance where the course of action to be taken is known.
section 3 assault is 6 years I think but I don't know about S2.
If the timer does start from when the incident occurred. How is this appropriate if the injured party wishes to make a complaint after a few months. Reports it to the Garda in the 4th or 5th month. Only one month remains to take a cautioned statement, look for medical reports etc.... seems a bit ridiculous.

MagicSean

Well if they had reported it when it happened then there wouldn't be a problem. The only reasons I've ever heard for late reporting is that the injured party was holding it over the attacker for some reason or another. I can't think of any genuine reason for not reporting it straight away.

cursai

Seanbeag1 wrote: »

Well if they had reported it when it happened then there wouldn't be a problem. The only reasons I've ever heard for late reporting is that the injured party was holding it over the attacker for some reason or another. I can't think of any genuine reason for not reporting it straight away.

What if the I/p made a statement in the fifth month. Leaving two weeks for the Garda to investigate the possible assault. Surely this can't be right! There must an exception to the limitations in this scenario.
But does the timer start on the date of occurrence or on the date of first written complaint(statement). I'm thinking the date of occurrence.

A criminal offence statute barred? Any link to the legislation?

MagicSean

cursai wrote: »

What if the I/p made a statement in the fifth month. Leaving two weeks for the Garda to investigate the possible assault. Surely this can't be right! There must an exception to the limitations in this scenario.
But does the timer start on the date of occurrence or on the date of first written complaint(statement). I'm thinking the date of occurrence.

Yes the date of occurrence. If a statement was made with two weeks to go then there would most likely be no prosecution.

Also Section 3 has no limit.

cursai

Deleted User wrote: »

A criminal offence statute barred? Any link to the legislation?

If its a summary offence such as s2 assault. It has six months time limit.
http://en.wikipedia.org/wiki/Statute_of_Limitations_in_Ireland
(I'm typing on phone so can't get better reference)
all criminal summary offences are six months I think!

cursai

Seanbeag1 wrote: »

Yes the date of occurrence. If a statement was made with two weeks to go then there would most likely be no prosecution.

Also Section 3 has no limit.

Its not a great system. I can understand the possibility of corruption of evidence and as you said to limit holding it over the accused's head. But for the prosecution its a big hindrance.

Forgot the 2006 Act, excuse me.