Statute Barred - Act?

keano007

Quick question in relation to minor road traffic matters and minor criminal matters such as section 2 assault where the Time limit to issue proceedings is 6 months.

It is my understanding that if a summons is applied for before the 6 month time limit no issue arises. However, I remember I court case I was involved in a few years back where a person was invited to a Garda station one week before the 6 month limit and charged to appear at a court on a day after the 6 month limit.

At the time I would of assumed that because the person was charged before the limit that proceedings were thus initiated and no issues would arise, however, when it came before court the matter was struck out because the person when charged must be taken to court before the time limit is up.

The solicitor for the defendant in this case stated a provision of the law and it escapes me so I was wondering can anybody help? I'm thinking maybe the petty sessions (Ireland) act 1851?

Thanks

keano007

Anyone any ideas on this?

dats_right

Petty Sessions (Ireland) Act 1851

Kevin3

The Petty Sessions (Ireland) Act, 1851

Section 10
(4) In cases of summary jurisdiction, the complaint shall be made within six months from the time when the cause of complaint shall have arisen.

Condatis

Kevin3 wrote: »

The Petty Sessions (Ireland) Act, 1851

Section 10
(4) In cases of summary jurisdiction, the complaint shall be made within six months from the time when the cause of complaint shall have arisen.

Does this mean that if the Garda can't find you at home for six months to serve a summons in person that a prosecution can't proceed?

Milk & Honey

Condatis wrote: »

Does this mean that if the Garda can't find you at home for six months to serve a summons in person that a prosecution can't proceed?

No. Once the summons is applied for within six months the case can proceed. When it is served is not relevant.

keano007

Kevin3 wrote: »

The Petty Sessions (Ireland) Act, 1851

Section 10
(4) In cases of summary jurisdiction, the complaint shall be made within six months from the time when the cause of complaint shall have arisen.

Thanks Kevin3 but that doesn't look like what I'm looking for. I know that the 6 month time limit applies for summary cases but the above scenario is different because one might argue that because the Garda charged the accused before the 6 months that proceedings had commenced however, the argument made in Court was that the charge sheet had to be before the court in that time unlike a summons. Once a summons is applied for ie sent to the courts and stamped proceedings have commenced. A charge must be different. The solicitor backed it up with legislation and that's what I want to know?

Thanks for the replies

Kosseegan

That quote from the Petty Sessions Act is correct. The application for a summons is treated as the date of the complaint, whether to a judge directly or via the automated procedure. Charging a person is not the making of a complaint until the person charged actually comes before the court. Since the person came before the court after six months the time had expired. Had the Guards actually applied for a summons instead of charging the person the case could have proceeded.

daenerysstormborn3

Milk & Honey wrote: »

No. Once the summons is applied for within six months the case can proceed. When it is served is not relevant.

Is there any time limit on when it can be served?

Milk & Honey

pixiebean22 wrote: »

Is there any time limit on when it can be served?

It has to be served within a reasonable time. This means that it should be within a few months but may be longer if there is difficulty effecting service.