Petty Sessions Act

jd80

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

'Complaint' means a complaint in front of a judge either on a charge sheet or to request a summons from him or the application for a summons via a District Court Clerk


Question by way of an example:

An offence, which can only be summarily tried is alleged to have been committed on 15 Jan 2012

What is the last date upon which a complaint in front of a District Judge or the application for a summons via a District Court Clerk can be made for this offence?


A) 14 July 2012 (i.e six months to the day given 15th of a month to the 14th of the following month constitutes one month)

30 June 2012 (i.e. All of January 2012 is counted as one month even though offence committed mid way through)

C) 31 July 2012 (i.e the 6 months do not start until the start of the next full month)


Given it states "from the time of the cause of complaint shall have arisen", it may appear obvious, but I would like to know conclusively

NoQuarter

This methond isnt used by the Gardai anymore. It's for private prosecutions.

To answer your question, the cut-off date would be the 15th of July, which is 6 months from the 15th of January. I wouldnt bet my life on this but I think thats what it is.

Note that this 6 months is only a general rule and other legislation can specifically avoid this. ie, safety, and welfare in work acts.

jd80

NoQuarter wrote: »

This methond isnt used by the Gardai anymore. It's for private prosecutions.

But for a summary only prosecution brought by the State, they still have to abide by The Petty Sessions Act 10 (4) or not?

Thus, for a summary only prosecution where there is no other legislation regarding time limits, they must either apply for a summons OR in the case of a charge sheet, bring the accused before a court within six months

Statute of limitations 1957 Sec 9

http://www.irishstatutebook.ie/1957/en/act/pub/0006/sec0009.html#sec9


See Schedule 2 of SOL

http://www.irishstatutebook.ie/1957/en/act/pub/0006/sched1.html#sched1

(Petty sessions act Repealed) "Paragraph 4 of section 10, save in so far as it relates to summary proceedings of a criminal nature in the District Court"

jd80

See also

http://www.boards.ie/vbulletin/showthread.php?p=79612659

Slyderx1

be also aware that there are a number of purely summary offences that have 12 months as a time limit ...diesel offences for example.

jd80

Slyderx1 wrote: »

be also aware that there are a number of purely summary offences that have 12 months as a time limit ...diesel offences for example.

Yes, 'No Quarter' alluded to that and in particular see my post #3 above

I am not referring to any summary offences with 'extended' time limits

Slyderx1

fine.... well i'd plump for 14th July to answer your question...if there's a prize i'd like a slab of devils bit premium.

NoQuarter

jd80 wrote: »

But for a summary only prosecution brought by the State, they still have to abide by The Petty Sessions Act 10 (4) or not?

Thus, for a summary only prosecution where there is no other legislation regarding time limits, they must either apply for a summons OR in the case of a charge sheet, bring the accused before a court within six months

Statute of limitations 1957 Sec 9

http://www.irishstatutebook.ie/1957/en/act/pub/0006/sec0009.html#sec9


See Schedule 2 of SOL

http://www.irishstatutebook.ie/1957/en/act/pub/0006/sched1.html#sched1

(Petty sessions act Repealed) "Paragraph 4 of section 10, save in so far as it relates to summary proceedings of a criminal nature in the District Court"

The schedule of the '57 Act repealed the process for indictable offences so we arent concerned with that here.

Prosecutions can be brought by 3 process:

1. The charge sheet procedure in which there needs to be a power of arrest ie. by warrant or a legislative power that makes a warrant unnecessary. If there is no power of arrest and the person is not already before the court on other charges, this procedure cant be used.

2. The Petty Sessions Act - is where a person (usually a common informer) lays info before a judge, name, address, details of complaint. This must be done within 6 months of the alleged offence. The judge decides here whether to issue a summons or not. The Garda do not use this procedure, they use the following:

3. The Courts (No. 3) Act, 1986 - prosecution is instigated in the District Court by summons procedure through their office. This is what the DPP and Gardai use. The making of the complaint to the District Court OFFICE in this case must be within 6 months.

I'd echo what Slyderx1 says and would say its the 14th of July.

jd80

NoQuarter wrote: »

I'd echo what Slyderx1 says and would say its the 14th of July.

I would concur given the wording of the statute staes 'from the time of the cause of complaint

NoQuarter wrote: »

Prosecutions can be brought by 3 process:

1. The charge sheet procedure in which there needs to be a power of arrest ie. by warrant or a legislative power that makes a warrant unnecessary. If there is no power of arrest and the person is not already before the court on other charges, this procedure cant be used.

Well let us say for the sake of argument that someone attended a Garda station Voluntarily and was then charged (An arrest would not be needed in this case??

Anyway my point/question being that if the Charge sheet procedure IS used, AGS MUST also abide by the time limits set down in the petty Sessions Act

Example:

Offence alleged on 15.Jan

Attends Garda Station on say 12. July (witin six months)

Is charged at station. Given Charge Sheet. Court attendence date on charge sheet is 20 July

Out of time.

Why?

Petty Sessions Act states 'complaint' must be made within 6 months of cause of complaint

Accused does not appear before Judge (= 'complaint') until 20 July even though charged before expiration of 6 month limit

Thus, as complaint is made 6 months and 6 days after 'cause of complaint', it is out of time

Am I right or wrong?

NoQuarter

The Petty Sessions Act has nothing to do with the charge sheet procedure. They are two different creatures altogether. If the charge sheet procedure is used, the relevant time limit is the one provided in the statute of the offence I'd imagine.

Slyderx1

hypothetically what was the offence as charged?

I can see your point ....and there is case law on it that a complaint on a charge sheet is first made when it is brought and outlined before a Judge.

Kosseegan

NoQuarter wrote: »

This methond isnt used by the Gardai anymore. It's for private prosecutions.

To answer your question, the cut-off date would be the 15th of July, which is 6 months from the 15th of January. I wouldnt bet my life on this but I think thats what it is.

Note that this 6 months is only a general rule and other legislation can specifically avoid this. ie, safety, and welfare in work acts.

The guards use both procedures. Any summons against a Garda must use the Section (10)4 procedure.
Private prosecutors must use the Section 10(4) procedure.

jd80

A bit more reading seems to uncover the following


For a purely summary only offence, whether someone is brought before the court via:

1) Summons directly in front of a Judge

OR

2) Summons via District Court Clerk (Courts Act (3) 1986 as amended by Sec 49 Civil liability and Courts Act 2004)

OR

3) Charge sheet

The time limit is 6 months and in all cases this is based on the Petty Sessions Act 1851 10 (4)


Only thing that is unclear is if one can be brought before the Court for a purely summary offence via a charge sheet

Charge sheet would imply arrrest, which would imply arrestable offence,

Arrestable Offence implies jail time of 5 years or more, which I think would be unusual for a summary offence

Of course, if one can receive a charge sheet without arrest that changes things. don't know if that is possible though

jd80

Slyderx1 wrote: »

hypothetically what was the offence as charged?

I can see your point ....and there is case law on it that a complaint on a charge sheet is first made when it is brought and outlined before a Judge.

Do you know the citation?

Slyderx1

jd80 wrote: »

Do you know the citation?

yes already given to you in pms

jd80

?

Nope

didnt receive it

Slyderx1

jd80 wrote: »

?

Nope

didnt receive it

sorry it wasnt in pms it was my reply in your other thread. Also check Courts.ie for District Court Rules and UCC use to post cases on its site.

jd80

Does the six month rule under Petty sessions/summons apply just to the offence or to evidence too?

Take the summary only section 2 assault as an example (purely summary offence)

If one assaulted someone on 01 jan 2012 - a section 2 assault. Lets say it was caught on CCTV but for whatever reason not reported to AGS

then one assaults the same person again (section 2 only) on say 01 Aug 2012. this time reported

A summons is applied for on 02.08.2012

It states offence section 2 assault between 01. jan 2012 and 01 aug 2012


Clearly the first one is out of date as a complaint

But can they use the evidence (cctv footage or testimony) of the first assault as evidence to prove that this behaviour has been going on for some time and resulted in the second assault or are they just limited to evidence supporting the second assault?

hullaballoo

That's a good question and the truth is I don't know the answer. I would think it counts as similar fact evidence in those very specific circumstances. In that case it's admissible in relation to the second assault but you are guaranteed that it would be fought by both sides.

It's quite technical and it might not be admitted because it will be in the circuit court and it is just easier to refuse to admit it. The question is whether it's relevant to the second assault I suppose. Arguable either way.

Slyderx1

Firstly the alleged second assault if prosecuted would be processed in the District Court. ( on the basis that it is a Section 2 NFOAPA and not a Section 2 Sexual Assault.
Secondly there has to be a specific date date for a Section 2 NFOAPA charge. ( but not for a Section 2 Sexual Assault for example)
Thirdly the second assault would be prosecuted on the evidence supporting it alone. The allegation of a separate assault might be deemed more prejudicial than probative.
Fourthly if for some reason such evidence was allowed it would not be hindered by either the Statute of Limitations or the Petty Sessions Act

jd80

Slyderx1 wrote: »

Secondly there has to be a specific date date for a Section 2 NFOAPA charge. ( but not for a Section 2 Sexual Assault for example)

Why is this?

On some summons and charge sheets, I have noted that instead of a specific date for a single offence it states something like 'on a date (NOT Dates) between x and y' such and such an offence was committed contrary to whatever statute

This seems to be even when in court, specific dates are mentioned

I looked at the secton 2 assault NFOAPA and the section 2 Sexual Assault (Criminal Law rape Amendment act) but neither of them say that a spcific date must be mentioned

Is there a 'rule of thumb' or specific rules listed elsewhere that state whether a specific date or a range for a specific offence must be listed

Slyderx1

The general rule is specificity to allow the Accused know exactly the date on which he is charged and that would definitely apply to 'common assault'.
I agree the Sexual Assault charge on an indictment is an exception to this rule in so far as particular months can be specified instead of actual precise dates ( historical sexual abuse cases).

jd80

Is it only a rule or is there a law or case law or common law to support it?

A DC would still have the power to amend the summons though if the date was not on it or was in the form 'a date between x and y' would it not or is it fatal to the proceedings?

Slyderx1

Im sure there is case law on it...see if you can lay your hands on a second hand copy of James Woods 'District Court Practice and procedure in Criminal Cases'. Try your local Public Library which might order it for you.
What can the Judge amend? The prosecution cannot ambush the accused on the trial date and suddenly pull the date of the incident out of a hat.There would be prejudice towards the accused to say the least.

jd80

Thanks I will have a look in one of the college libraries for Woods

I suppose if the prosecution put 'between date x and y' it will cover them anyway.

Slyderx1

jd80 wrote: »

Thanks I will have a look in one of the college libraries for Woods

I suppose if the prosecution put 'between date x and y' it will cover them anyway.

not for 'common assault' .. You are expecting the Accused to decide himself which day the prosecution is picking....

toysforboyz

Hi

If the Gardai drag their feet on the prosecution and decide not to prosecute, does the 6 months start from that date, hardly seems fair that the case could be lose due to the tardiness of the gardai..

Thanks

Fred Swanson

This post has been deleted.

nuac

Slyderx1 wrote: »

Im sure there is case law on it...see if you can lay your hands on a second hand copy of James Woods 'District Court Practice and procedure in Criminal Cases'. Try your local Public Library which might order it for you.
What can the Judge amend? The prosecution cannot ambush the accused on the trial date and suddenly pull the date of the incident out of a hat.There would be prejudice towards the accused to say the least.

Yes, Wood's book it very good.

Also Crotty c 1960

Also O'Connor's Justice of the Peace c 1915, had a lot of cases etc on PSA 1851 etc. Older offices may have copies in their library..

At one time no DC practitioner would go to court without O'Connors JP, replete with bookmarks

4ensic15

Slyderx1 wrote: »

Im sure there is case law on it...see if you can lay your hands on a second hand copy of James Woods 'District Court Practice and procedure in Criminal Cases'. Try your local Public Library which might order it for you.
What can the Judge amend? The prosecution cannot ambush the accused on the trial date and suddenly pull the date of the incident out of a hat.There would be prejudice towards the accused to say the least.

Order 38 of the Rules of the District Court provides
(1) Subject to the provisions of paragraph (3) hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same;


(3)Provided, however, that if in the opinion of the Court the variance, defect or omission is one which has misled or prejudiced the accused or which might affect the merits of the case, it may refuse to make any such amendment and may dismiss the complaint either without prejudice to its being again made, or on the merits, as the Court thinks fit; or if it makes such amendment, it may upon such terms as it thinks fit adjourn the proceedings to any future day at the same time or at any other place.