Summons waiting time

maguire808

Hello all,

I am awaiting a summons for an offense committed in July of 2012 but I moved away for a year that August. I made the Garda in question aware of this as he was dealing with me and was told that I would have to return to Ireland once the Summons arrived at my address which I told him I was fully prepared to do.

I have still not received anything and would like to know if there is an average length of time for such matters to be dealt with or perhaps a way of checking at what stage in the legal process the complaint is at? I wish to emigrate in the near future but obviously don't want to skip out on a court date!

Apologies if this is in breach of any rules!

Thanks

NoQuarter

maguire808 wrote: »

Hello all,

I am awaiting a summons for an offense committed in July of 2012 but I moved away for a year that August. I made the Garda in question aware of this as he was dealing with me and was told that I would have to return to Ireland once the Summons arrived at my address which I told him I was fully prepared to do.

I have still not received anything and would like to know if there is an average length of time for such matters to be dealt with or perhaps a way of checking at what stage in the legal process the complaint is at? I wish to emigrate in the near future but obviously don't want to skip out on a court date!

Apologies if this is in breach of any rules!

Thanks

Depends on the offence. If the offence is indictable you can be summoned any time. If the offence is a summary offence they have 6 months to issue the summons and then a year to serve it I think.

What was the offence specifically?

maguire808

Hello,

thank you for your reply. In my research on various Irish legal websites those terms came up but I was unable to reconcile my offense with those types. It was for possession of a small amount of cannabis (I know, incredibly stupid on my part!).

So with that in mind, I presume that would fall under the indictable category, yes?

benway

Depends on how you define "small amount" and relatedly whether there's a suggestion that you were involved in the supply of said amount.

If it's simple possession, then it should more than likely be dealt with summarily. If it's a first offence and you have a good record generally, you could hope to get a dismissal under the Probation Act without a conviction - obviously depends on the specifics.

maguire808

benway wrote: »

Depends on how you define "small amount" and relatedly whether there's a suggestion that you were involved in the supply of said amount.

If it's simple possession, then it should more than likely be dealt with summarily. If it's a first offence and you have a good record generally, you could hope to get a dismissal under the Probation Act without a conviction - obviously depends on the specifics.

Thank you for your reply.

Sorry, you're right, I didn't mean to sound idiotic about the quantity, a few grams, no more than 5. Perhaps that does constitute a larger amount.

I have an adult caution as a result of my own irresponsibility with alcohol from three years ago.

I know that will undoubtedly have a negative impact, I just wanted to know how I find out where I am in the process. I understand it was my own stupidity and would just like to 'face the music' rather than not know and not be able to plan longer term (regardless of outcome).

benway

No worries. Can say with a fair degree of certainty that you'd be looking at a summary trial, maximum penalty for a first conviction for cannabis possession simpliciter is a fine of €1,000.

The good news is that if the summons hasn't been served by now, it probably isn't coming - has to be issued within six months of the offence pursuant to s.10 of the Petty Sessions (Ireland) Act 1851.

maguire808

benway wrote: »

No worries. Can say with a fair degree of certainty that you'd be looking at a summary trial, maximum penalty for a first conviction for cannabis possession simpliciter is a fine of €1,000.

The good news is that if the summons hasn't been served by now, it probably isn't coming - has to be issued within six months of the offence pursuant to s.10 of the Petty Sessions (Ireland) Act 1851.

Thank you very much for that information, I can only hope so but I won't count my chickens just yet.

Having read as much about it as possible online (citizens information, courts.ie and several other places) it seems as though there is a limit on the application for a summons but if that has been made within six months there is no limit thereafter for the actual serving of the summons, is that correct? And if so, have I any means of checking this?

(Again, apologies if this is in breach of charter, I'm just seeking clarification of my own research rather than legal advice)

Pro Hoc Vice

benway wrote: »

No worries. Can say with a fair degree of certainty that you'd be looking at a summary trial, maximum penalty for a first conviction for cannabis possession simpliciter is a fine of €1,000.

The good news is that if the summons hasn't been served by now, it probably isn't coming - has to be issued within six months of the offence pursuant to s.10 of the Petty Sessions (Ireland) Act 1851.

Does not McGrail v. District Justice Ruane [1990] 2 IR 555 apply as section 3 is either summary or indictment. Also http://www.irishstatutebook.ie/2006/en/act/pub/0026/sec0177.html#sec177

7.— Paragraph 4 (which prescribes time limits for the making of complaints in cases of summary jurisdiction) of section 10 of the Petty Sessions (Ireland) Act 1851 shall not apply to a complaint in respect of:

(a) a scheduled offence, or

(b) an offence that is triable—

(i) at the election of the prosecution, either on indictment or summarily, or

(ii) either on indictment or, subject to certain conditions including the consent of the prosecution, summarily.”.

Section 27 Misuse of Drugs Act 1977 as amended

http://www.irishstatutebook.ie/1984/en/act/pub/0018/sec0006.html


“(1) Subject to section 28 of this Act, every person guilty of an offence under section 3 of this Act shall be liable—

(a) where the relevant controlled drug is cannabis or cannabis resin and the court is satisfied that the person was in possession of such drug for his personal use:

(i) in the case of a first offence,

(I) on summary conviction, to a fine not exceeding £300, or

(II) on conviction on indictment, to a fine not exceeding £500,

maguire808

Oh right, so therefore it's an indefinite amount of time? Does a means to check the stage of the summons' process exist for ordinary citizens?

Pro Hoc Vice

maguire808 wrote: »

Oh right, so therefore it's an indefinite amount of time? Does a means to check the stage of the summons' process exist for ordinary citizens?

Your best bet is to put it behind you, if a summons arrives then deal with it, there is always the issues of prosecutorial delay that can be argued if a summons turns up get a solicitor if not you have been worrying for nothing.

maguire808

infosys wrote: »

Your best bet is to put it behind you, if a summons arrives then deal with it, there is always the issues of prosecutorial delay that can be agreed. If a summons turns up get a solicitor if not you have been worrying for nothing.

You are right, thank you for the information you've provided. All the best.

benway

Thought s.3 was summary only - first offence for cannabis would certainly seem to be a minor offence for the purposes of Art 38.2? Granted, the best authority I've found is this paper, so....

http://www.jsijournal.ie/html/Volume%206%20No.%201/6%5B1%5D_O'Donnell_Summary%20v%20Indictable.pdf

infosys wrote: »

Your best bet is to put it behind you, if a summons arrives then deal with it, there is always the issues of prosecutorial delay that can be argued if a summons turns up get a solicitor if not you have been worrying for nothing.

+1000000

Pro Hoc Vice

benway wrote: »

Thought s.3 was summary only - first offence for cannabis would certainly seem to be a minor offence for the purposes of Art 38.2? Granted, the best authority I've found is this paper, so....

http://www.jsijournal.ie/html/Volume%206%20No.%201/6%5B1%5D_O'Donnell_Summary%20v%20Indictable.pdf



+1000000

Seems the author did not read the amendment to section 27 of the misuse of drugs act. http://www.irishstatutebook.ie/1984/en/act/pub/0018/sec0006.html not that I would contradict a Judge of the Circuit Court and am happy to be corrected.