Indecent exposure

CaraMay

What could the likely outcome be for a 1st time offender whose case is going to the DPP?

No previous offenses in any regard, has a full time job and has teenage kids. He was spotted having a bit of fun in his car by two 18 year olds.

Pro Hoc Vice

CaraMay wrote: »

What could the likely outcome be for a 1st time offender whose case is going to the DPP?

No previous offenses in any regard, has a full time job and has teenage kids. He was spotted having a bit of fun in his car by two 18 year olds.

His solicitor can tell him, really no one other than a professional can give any idea, it all depends does the DPP decide on summary disposal, does the matter go to indictment, does the person plead or fight, the Judge and the District or Circuit, the norm, the locality was it outside a primary svhool in broad daylight or was it in a lonley lane away from everything. it can be anything from Probation of Offenders Act to suspended sentence to fine to jail time, but I would doubt the jail time bit.

I just checked if its section 18 of the Criminal Law Amendment Act 1935 that is Summary only not really sure why its going to DPP. Max for that offence is €1000 fine and/or 6 months.

CaraMay

I think it was on a main road and they were not school kids nor was it near a school. I suppose its unlikely, seeing as its going to the DPP, that it wont go any further. He is worried about losing his job, family etc

Pro Hoc Vice

CaraMay wrote: »

I think it was on a main road and they were not school kids nor was it near a school. I suppose its unlikely, seeing as its going to the DPP, that it wont go any further. He is worried about losing his job, family etc

Tell him go to a solicitor who is good a criminal law.

CaraMay

Yeah he has one. I'm not supposed to know about it so I can't ask. Was just wondering if the dpp tends to progress all these cases. I guess the guards would not send it up if they thought it would not progress.

LowKeyReturn

CaraMay wrote: »

Yeah he has one. I'm not supposed to know about it so I can't ask. Was just wondering if the dpp tends to progress all these cases. I guess the guards would not send it up if they thought it would not progress.

Doesn't really work like that in all cases AFAIK (and I know very little) sometimes a the DPP won't proceed. The only way to know is speak to a solicitor I'm afraid.

BognarRegis

This story might be relevant:

Judge rules law on injuring ‘morals of community’ hopelessly vague

Mr Justice Hogan ruled the words “or cause scandal or injure the morals of the community” in section 18 were “hopelessly” and “irremediably” vague and lacked any real principles and policies in relation to the scope of the prohibited conduct.
His decision did not prevent the Oireachtas legislating to create new offences which would address conduct of this nature in public, he said. Any such new laws must contain adequate principles and policies.

NoQuarter

How ere those charges brought at such a late stage? It looks like a summary only offence to me and the alleged incident was in January 2009. Anyone know how that could work?

Pro Hoc Vice

NoQuarter wrote: »

How ere those charges brought at such a late stage? It looks like a summary only offence to me and the alleged incident was in January 2009. Anyone know how that could work?

If summons issued mid 2009, then case and appeal take a 2 years, so mid 2011, then Judicial Review launched mid 2011 takes 2 years for hearing. So seems logical timing.

NoQuarter

infosys wrote: »

If summons issued mid 2009, then case and appeal take a 2 years, so mid 2011, then Judicial Review launched mid 2011 takes 2 years for hearing. So seems logical timing.

Ah, you're right, it should have clicked that it was a JR when I read Hogan's name!

My criminal is rusty but is it right to say that for a summary offence, the most you could be waiting is 18 months, as in, 6 to issue a summons and then the summons would have to be served within a year?

Pro Hoc Vice

NoQuarter wrote: »

Ah, you're right, it should have clicked that it was a JR when I read Hogan's name!

My criminal is rusty but is it right to say that for a summary offence, the most you could be waiting is 18 months, as in, 6 to issue a summons and then the summons would have to be served within a year?

It depends, but in general it is six months to apply for a summons, many new statutory summary offences do not apply the Petty Sessions Ireland Act, and allow upto 2 years to apply for summons.

Once summons is applied for in time then no statutory limit for service. The longest I have seen was 7 years post event. But of course then Delay can be argued case law says 2 years and 4 months is too long, but each case is to be decided on its own facts.

Fred Swanson

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NoQuarter

Fred Swanson wrote: »

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An offence against a child most likely.