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Statute of Limitations

  • 21-12-2012 9:36pm
    #1
    paul4green
    Registered Users, Registered Users 2 Posts: 92 ✭✭


    Say for example, If someone committed armed robbery/ kidnapping, does The Statute of Limitations Act apply after a certain period of time?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    In Ireland, indictable offences have no time limit for prosecution.

    There is however the matter of giving the accused a fair trial and if a charge isn't prosecuted in a reasonable time (depending on the facts), then the court might block a prosecution.

    Scenario 1: when they were college students Tom 'kidnapped' Dick in 1985 and nobody has an exact recollection of what happened - a conviction would be difficult to sustain.

    Scenario 2: Harry robbed a bank in 1979, there are photos, admissions and extensive other evidence, a conviction might be sustainable.

    Other jurisdictions have other rules.


  • #3
    paul4green
    Registered Users, Registered Users 2 Posts: 92 ✭✭paul4green


    So for example:

    Scenario: A heroin addict with numerous previous convictions committed armed robbery and kidnapping 12 years ago and convicted in his absence. Since then, he has fled the jurisdiction. However, he has sorted his life out, is off drugs, hasn't committed any crime and is settled with his family. If he was to return to Ireland, does the sentence still apply? Would he be taken into custody and his previous sentence apply? Or would he be retried and given a chance to prove his reformed character.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    paul4green wrote: »
    convicted in his absence.
    A trial would only have gone ahead if he showed up (at least the start). If he absconded during the trial, that is largely his problem. He could appeal, but I suspect he would serve some time, at least until the appeal is heard.

    Anyone in such a situation would do well to talk to an experienced criminal law solicitor, not random people on the internet.

    Gaining forgiveness normally entails showing remorse, making amends, not doing it again and taking your punishment. It might be possible to get a reduced sentence by doing these things, but absconding makes it difficult..


  • #5
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    paul4green wrote: »
    So for example:

    Scenario: A heroin addict with numerous previous convictions committed armed robbery and kidnapping 12 years ago and convicted in his absence. Since then, he has fled the jurisdiction. However, he has sorted his life out, is off drugs, hasn't committed any crime and is settled with his family. If he was to return to Ireland, does the sentence still apply? Would he be taken into custody and his previous sentence apply? Or would he be retried and given a chance to prove his reformed character.

    He cant be re-tried. A trial is not a trial of character. It is a determination of facts and a legal determination according to the facts found. Any character issues are for mitigation only. Since his character reform occurred after he was sentenced it is not relevant.
    He would have to serve his sentence.
    The only significance it may have would be if early release was being considered.


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Stay in Spain - the weather is better and he'll be able to avoid prison. Hypothetically of course.


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  • #7
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Is there still a difficulty with extradition from Spain?


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Our man in Havana wrote: »
    Is there still a difficulty with extradition from Spain?

    Not for someone who has been convicted of armed robbery and kidnapping I'd say.


  • #9
    Kevin3
    Registered Users, Registered Users 2 Posts: 167 ✭✭Kevin3


    paul4green wrote: »
    So for example:

    Scenario: A heroin addict with numerous previous convictions committed armed robbery and kidnapping 12 years ago and convicted in his absence. Since then, he has fled the jurisdiction. However, he has sorted his life out, is off drugs, hasn't committed any crime and is settled with his family. If he was to return to Ireland, does the sentence still apply? Would he be taken into custody and his previous sentence apply? Or would he be retried and given a chance to prove his reformed character.

    The following video would have some practical advice for the person in your scenario:

    Perhaps it could be added to the charter or FAQ as there seems to be a daily addition of weird and wonderful scenarios and requests for legal advice coming up on this forum which could be addressed using the same video every time.








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