how can summons be issued and how long will it take?

Lenno

i had a road traffic incident last may

so far no summons

im moving to bulgaria in 6 weeks

i know the house there going to with the summons the person there will refuse them and say im out of country and cant accept on my behalf no registered post will be signed for me

as its road traffic they cant get arrest warrents

so how exactly will they be issued cause im gone for 3 years can i take it summons have an expiry date and must be served within a certain timeframe and i can forget about it or does anyone have some insight thanks very much

nuac

Summons must be issued within six months of offence.

afaik if can be held over for service on you whenever you come back,

If service too long delayed you may get it struci out on basis of difficulty in defending it - witnesses not available, memories growing dim etc

Milk & Honey

nuac wrote: »

Summons must be issued within six months of offence.

afaik if can be held over for service on you whenever you come back,

If service too long delayed you may get it struci out on basis of difficulty in defending it - witnesses not available, memories growing dim etc

Summons must be applied for within 6 months of the offence. It may be issued after the six months. It may be served months after it is issued. I have seen summons served 10 months after the offence. It frequently happens that the first day in court is nearly a year after the offence.

The most likely scenario is that the summons will be posted and if there is no appearance the matter will go ahead in the absence of the accused.

ResearchWill

Milk & Honey wrote: »

Summons must be applied for within 6 months of the offence. It may be issued after the six months. It may be served months after it is issued. I have seen summons served 10 months after the offence. It frequently happens that the first day in court is nearly a year after the offence.

The most likely scenario is that the summons will be posted and if there is no appearance the matter will go ahead in the absence of the accused.

I think service of criminal summons is by way of personal service. I do not think postage of a summons in such case is valid summons.


"3. (1) In proceedings by way of summons in which the prosecutor is the Director of Public Prosecutions or an officer or member of the Garda Síochána, a Minister of the Government or a Minister of State or an officer of either such Minister, or an officer of the Revenue Commissioners, a document shall be served by a member of the Garda Síochána, or by any other person or any other means authorised by statute or rules of Court."

"5. Save where otherwise provided by statute or by Rules of Court, service of a document shall be effected upon a person in the State by delivering to that person a copy thereof or by leaving the copy for that person at his or her last or most usual place of abode, or at his or her office, shop, factory, home or place of business with that person's husband or wife, as the case may be or with a child or other relative (apparently residing with that person) of that person or of his wife or her husband as the case may be, or with any agent, clerk, servant or employee of that person, or with the person in charge of the house or premises wherein that person usually resides, provided that the person (other than the person upon whom service is to be effected) with whom the copy is left is not under the age of sixteen years and is not the person instituting the proceedings."

From http://courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/b03c9beb70a87d6880256d2b0046a056?OpenDocument

NoQuarter

Pretty sure a summons can be send by registered post once it is delivered 21 (or maybe 28) days before the court date.

Milk & Honey

Personal service is certainly not mandatory. Service by recorded pre-paid post is sufficient. Recorded does not mean registered. Once the prosecutor satisfies the judge as to service the case may proceed. Some judges insist on personal service of the defendant does not appear. Many do not.

COURTS ACT, 1991

22.—(1) Notwithstanding section 12 of the Act of 1851 and without prejudice to the provisions of any Act authorising the service of summonses in any particular manner in particular cases, a summons issued in a case of summary jurisdiction under section 11 (2) or 13 of the Act of 1851 or section 1 of the Act of 1986 may be served upon the person to whom it is directed

( a ) by sending, by registered prepaid post, a copy thereof in an envelope addressed to him at his last known residence or most usual place of abode or at his place of business in the State,
( b ) by sending, by any other system of recorded delivery prepaid post specified in rules of court, a copy thereof in such an envelope as aforesaid, or
( c ) by delivery by hand, by a person other than the person on whose behalf it purports to be issued authorised in that behalf by rules of court, of a copy thereof in such an envelope as aforesaid.
(2) Service of a summons upon a person pursuant to subsection (1) of this section shall, upon proof that a copy of the summons was placed in an envelope and that the envelope was addressed, recorded, prepaid and sent or was delivered in accordance with the provisions of the said subsection (1), be deemed to be good service of the summons upon the person unless it is proved, whether in pursuance of an application under subsection (6) of this section or otherwise, that the person did not receive notice of the summons or of the hearing to which the summons relates.

bjbcool

In relation to you believing an arrest warrant cannot be issued because it's traffic related you are mistaken.
If summonsed to Court and the Judge believes that you have received the summons then the judge can issue what's called a Bench Warrant for you to be arrested and brought to Court.

Lenno

well its been 12 months since happened and ive still heard nothing about it?

how much longer could it take?

How could case proceed if i havent been issued with summons and arent aware of case?

Motorist

Lenno wrote: »

well its been 12 months since happened and ive still heard nothing about it?

how much longer could it take?

How could case proceed if i havent been issued with summons and arent aware of case?

You might elaborate what kind of offence occured?

NoQuarter

Lenno wrote: »

well its been 12 months since happened and ive still heard nothing about it?

how much longer could it take?

How could case proceed if i havent been issued with summons and arent aware of case?

you should be grand at this stage.

The case cant really proceed without you! The only other way to move a case against you other than summons is by charge sheet on arrest and thats not going to happen here so I would say you are fine.

Lenno

Motorist wrote: »

You might elaborate what kind of offence occured?

took a friends car to go somewhere

guards pulled me no insurance

the guard in particular caught a lad from work driving his gf car a month after my offence and your man got his summons and has had his day in court and all already!

ive still yet to here anything from the guard and hes known for being meticulous yet here we are 12 months later no sign of anything!

Milk & Honey

Lenno wrote: »

took a friends car to go somewhere

guards pulled me no insurance

Had the friend got insurance?

Lenno

Milk & Honey wrote: »

Had the friend got insurance?

nope it was just 1 of the cars at the yard not being used!

im gone in 3 weeks its just when i do come back id like to think theirs nothing can be done

Motorist

To be honest OP, I think you have dodged a bullet with this one. There is most likely nothing to worry about.

I have known of several cases where people stopped with no insurance and who did not produce never received a court summons. It's a bad indictment on the sloppiness and ineptitude of the gardai that such a serious road traffic offence goes unanswered, but I suppose it's lucky for you. Hopefully you have learned your lesson and you could have easily faced a one year driving ban for that offence.