What does a Recognisance mean?

Helpneeded86

I know you cant ask for legal advise on here but I think that this is ok as it is not particularly specific.

One of my friends was charged under section 4&6 of the public order act in Dublin.

He has got a Recognisance letter which looks like a bail for of some sort. Is this standard?

Also as he is based down the country is he required to attend or can he get a solicitor to represent him?

Hope my questions are within the charter rules.

Santa Cruz

Helpneeded86 wrote: »

I know you cant ask for legal advise on here but I think that this is ok as it is not particularly specific.

One of my friends was charged under section 4&6 of the public order act in Dublin.

He has got a Recognisance letter which looks like a bail for of some sort. Is this standard?

Also as he is based down the country is he required to attend or can he get a solicitor to represent him?

Hope my questions are within the charter rules.

A recognisance is a form signed by him when being released from the Garda station after being charged. In it he is given notification of the court date and he undertakes to attend. If he does not attend the Judge will examine the original recognisance in court and issue a warrant for his arrest. There was a time when a cash recognisance was taken at stations but this is normally done at the court snow.

Having signed the recognisance he is obliged to attend court for the first appearance. The Judge can agree to a non attendance but usually doesn't allow a situation where the defendant does not attends

Helpneeded86

Is a solicitor recommended for these kind of offences?

Pat Mustard

Yes.

Pro Hoc Vice

Helpneeded86 wrote: »

Is a solicitor recommended for these kind of offences?

For section 4 maybe but for section 6 I would say yes. It also depends on a number if circumstances, if the person has previous, is the person in a good job where vetting is an issue, is the person a student etc. A conviction of any kind can cause very serious issues in the future.

Helpneeded86

From reading up on these sections

S4 max fine is €100

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £100.

S6 max €500

A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

He does have 1 or 2 convictions for similar stuff. Drunken stupidity kind of convictions nothing really bad. From what he recalls he was just a bit verbally abusive towards the gardai.

What is the best way to get a solicitor when he is not from the area?

Pat Mustard

Helpneeded86 wrote: »

What is the best way to get a solicitor when he is not from the area?

Either have somebody recommend one, or else get his local solicitor to find somebody to look after it.

Pro Hoc Vice

Helpneeded86 wrote: »

From reading up on these sections

S4 max fine is €100

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £100.

S6 max €500

A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

He does have 1 or 2 convictions for similar stuff. Drunken stupidity kind of convictions nothing really bad. From what he recalls he was just a bit verbally abusive towards the gardai.

What is the best way to get a solicitor when he is not from the area?

The fines have been amended. I think section 4 is now €500 max section 6 is €1,000 max. Amended by the Intoxicating Liquor Act 2008 and the Fines Act 2010.

The golden pages or advice from friends.

Santa Cruz

Helpneeded86 wrote: »

From reading up on these sections

S4 max fine is €100

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £100.

S6 max €500

A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

He does have 1 or 2 convictions for similar stuff. Drunken stupidity kind of convictions nothing really bad. From what he recalls he was just a bit verbally abusive towards the gardai.

What is the best way to get a solicitor when he is not from the area?

Best solicitor to get is one who is a regular free legal aid practitioner and who is in the District Court every day. He/she will often have good relationships with the Gardaí/Court and may be able to lessen the financial impact of any penalty or even get a charge withdrawn for a guilty plea on the other. In any case an appearance in the District Court shouldn't be taken lightly.