The Chrge Sheet procedure

jd80

As an aside from another thread.

There are three methods to bring someone before the courts

1. Charge sheet procedure

2. Summons applied for through District Court Clerk

3. Summons applied for directly in front of a Judge (sometimes used by common informers but could also be used by AGS too - maybe where time is of the essence)


In relation to the charge sheet procedure, it is clear that if a person is arrested for an arrestable offence, brought to a Garda station he can be given a charge sheet - but MUST the charge sheet be given at a station?

But in what other circumstances can a person be given a charge sheet?

Is it posible in the following scenarios?



A) A person voluntarily attends a garda Station and is given a sheet

A complaint is made against a person to AGS. They investigate, take cautioned staetments etc. They decide to prosecute. Instead of a summons, they prepare a charge sheet. They visit the home of the accused and hand him the charge sheet.

C) As B above but they coincidentally meet the accused in the street and hand him the sheet

D) As above but post the charge sheet to the accused

Slyderx1

see; District Court ( Charge Sheet Rules) 1971 as amended.(Rule 17 District Court Rules 1997)
See further Attorney General (McDonnell) -v- Higgins1964 IR 374, State (Shannon )-v- O'hUadaigh 1975 I.R 98 and State (Lynch) v Ballagh 1987 ILRM

jd80

Thanks.

I will have a read of it and come back on it

Slyderx1

jd80 wrote: »

Thanks.

I will have a read of it and come back on it

And while you're at it read Woods District Court Practice and Procedure pages 122-123

jd80

I am looking at the District Court rules Order 10

1. In this Order, a “document” means a “District Court document” within the meaning of section 7(1) of the Courts Act 1964.

7(1) of the Courts Act 1964

“District Court document” means any document by which proceedings in the District Court (other than proceedings by way of summons in which the complainant is a member of the Garda Síochána, a Minister of State, an officer of such a Minister, the Attorney General or an officer of the Revenue Commissioners or proceedings under the School Attendance Acts, 1926 and 1936) are instituted

So, looking at DC order 10 3(2)

(2) A member of the Garda Síochána shall not serve a document in any proceedings in which such member is the person instituting the proceedings

A charge sheet is a document which initiates proceedings or not?

So does that mean that a member of AGS who institutes proceedings cannot be same one who gives you a charge sheet?

SB2013

jd80 wrote: »

I am looking at the District Court rules Order 10



7(1) of the Courts Act 1964



So, looking at DC order 10 3(2)



A charge sheet is a document which initiates proceedings or not?

So does that mean that a member of AGS who institutes proceedings cannot be same one who gives you a charge sheet?

That refers to a summons. A charge sheet is not served on someone, they are simply given a copy of the charge put to them.