What happens is someone does not show up to court?

Deborah087

If arrested for breach of the peace and doesn't show up on court date what usually happens does the judge fine in the persons absence or could it be more serious ? Thanks

Lmklad

Deborah087 wrote: »

If arrested for breach of the peace and doesn't show up on court date what usually happens does the judge fine in the persons absence or could it be more serious ? Thanks

Judge can convict and fine in your absence. Fines are usually much heavier if you don't turn up. Can also issue a bench warrant for your arrest which means, depending on circumstances, you can be charged with a second offence.

Deborah087

Lmklad wrote: »

Judge can convict and fine in your absence. Fines are usually much heavier if you don't turn up. Can also issue a bench warrant for your arrest which means, depending on circumstances, you can be charged with a second offence.

Thanks if its first time in trouble would the judge really issue a bench warrant ? How much are fines usually? I read somewhere max was €500

Pro Hoc Vice

Deborah087 wrote: »

Thanks if its first time in trouble would the judge really issue a bench warrant ? How much are fines usually? I read somewhere max was €500

What section exactly is the offence. The name if the act and section, is there only one summons. No one can answer that question unless they have seen the summons and all of them if more than one.

If it is section 6 of the 1994 Act its €1000 and or upto 3 months in jail. If section 2 its max €500. A conviction can have serious issues for the future and can cause issues with jobs and travel.

If a person was to turn up and their solicitor says all the right things a strike out is a possibility (no conviction) is you excuse for not turning up worth all that.

coylemj

Lmklad wrote: »

Can also issue a bench warrant for your arrest which means, depending on circumstances, you can be charged with a second offence.

Exactly what additional charge can be thrown at you for not showing up?

Kaizersoze81

coylemj wrote: »

Exactly what can you be charged with by way of an additional charge for not showing up?

You can be charged with the bench warrant offence also

coylemj

Kaizersoze81 wrote: »

You can be charged with the bench warrant offence also

A bench warrant doesn't allege a new offence, it simply says that you failed to turn up having been released on bail (or you failed to answer a summons) and the cops can arrest you in order to bring you in front of the judge to answer the original charge(s).

You'd need to be in custody and bust out of the Garda station or the holding cells in the court in order to attract a new charge (escaping from lawful custody). Merely failing to turn up having been released on bail is not a criminal offence.

Kaizersoze81

coylemj wrote: »

A bench warrant doesn't allege a new offence, it simply says that you failed to turn up having been released on bail (or you failed to answer a summons) and the cops can arrest you in order to bring you in front of the judge to answer the original charge(s).

Yes but there is an additional offence of failing to show on a remand date which you can be charged with in addition to the original offence.

coylemj

Kaizersoze81 wrote: »

Yes but there is an additional offence of failing to show on a remand date which you can be charged with in addition to the original offence.

There is no such offence defined in the Bail Act 1997, would you care to tell us which legislation introduced the offence you're referring to?

Lmklad

coylemj wrote: »

There is no such offence defined in the Bail Act 1997, would you care to tell us which legislation introduced the offence you're referring to?

That's because it's not in the '97 Act. It's Sec 13 Criminal Justice Act '84

13.—(1) If a person who has been released on bail in criminal proceedings fails to appear before a court in accordance with his recognisance, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding twelve months or to both.

It may not apply though as only does if the OP was charged and signed a bail bond.

Kaizersoze81

coylemj wrote: »

There is no such offence defined in the Bail Act 1997, would you care to tell us which legislation introduced the offence you're referring to?

If you do not appear in court as agreed, a bench warrant will be issued for your arrest. This means that the Gardai have been ordered to arrest you and bring you before the court.

You will have committed a further criminal offence that carries a maximum penalty of €1,270 and/or 12 months imprisonment. This sentence is set down in Section 13 of the Criminal Justice Act, 1984.

Bandit12Biker

Kaizersoze81 wrote: »

If you do not appear in court as agreed, a bench warrant will be issued for your arrest. This means that the Gardai have been ordered to arrest you and bring you before the court.

You will have committed a further criminal offence that carries a maximum penalty of €1,270 and/or 12 months imprisonment. This sentence is set down in Section 13 of the Criminal Justice Act, 1984.

as above....Best thing is see solicitor if you can;remember a few do 1st meet free...try get one in court with you as they can do most of the talking;dress neatly for court and if you have to talk to Judge look towards him/her;it`s best to turn up as do you really want Guards knocking on your door looking for you?? Good luck

Deborah087

Thanks for the replies, on the letter is says to pay €150 can this just be payed before the court date at the Garda station?

Pro Hoc Vice

Deborah087 wrote: »

Thanks for the replies, on the letter is says to pay €150 can this just be payed before the court date at the Garda station?

That sounds like a fixed penalty notice not a summons. Get someone who knows about the law to look at it.

Kaizersoze81

Deborah087 wrote: »

Thanks for the replies, on the letter is says to pay €150 can this just be payed before the court date at the Garda station?

This is your bail bond. It means you owe the state 150 if you fail to turn up. It's not the fine that you will get for the offence. I would advise you to show up unless you want a bench warrant hanging over you .

Deborah087

Pro Hoc Vice wrote: »

That sounds like a fixed penalty notice not a summons. Get someone who knows about the law to look at it.

It says owe the state €150 and to appear at court to answer the charge(s)

Kaizersoze81

I suggest you seek legal aid as you seem very unclear about what is facing you.

Deborah087

Kaizersoze81 wrote: »

This is your bail bond. It means you owe the state 150 if you fail to turn up. It's not the fine that you will get for the offence. I would advise you to show up unless you want a bench warrant hanging over you .

Would the guards actually come to looking for you if a bench warrant was issued ? Or only if you came in contact with them again for some reason

Kaizersoze81

Deborah087 wrote: »

Would the guards actually come to looking for you if a bench warrant was issued ? Or only if you came in contact with them again for some reason

You don't seem to be listening to anyone's advice. Do as you will , and prepare for the consequences of your actions.

sopretty

Deborah087 wrote: »

Would the guards actually come to looking for you if a bench warrant was issued ? Or only if you came in contact with them again for some reason

They will hunt you down like the dawg that you are......

That is not legal advice. I was being 'funny'.

Deborah087

Kaizersoze81 wrote: »

You don't seem to be listening to anyone's advice. Do as you will , and prepare for the consequences of your actions.

Asking on behalf of someone and researching all outcomes of the situation no need to be so rude

Lmklad

Deborah087 wrote: »

Asking on behalf of someone and researching all outcomes of the situation no need to be so rude

Yes they will come looking. It's an order from a judge directing your friends arrest. It is one thing to breach the peace but to fail to turn up to court is a direct insult to the Court and they do not take it lightly. A warrant will stay on your friends permanent record for life.

sopretty

Basically, you've probably missed the difference between a summons to court and a bench warrant for arrest.

Pro Hoc Vice

Deborah087 wrote: »

It says owe the state €150 and to appear at court to answer the charge(s)

It sounds like a bench warrant.

The worst that can happen if its a bench warrant and the bail is estreted,

1 as the person did not turn up to answer bail must pay €150 as that was the bond,
2 the person will be arrested and brought to court
3 if the person ignores a letter saying turn up at this time and date and place then if arrested will be in custody until either matter is disposed of or new bail is granted
4 the fact that the person did not answer bail be remain on the record and could cause issues
5 the persons risks AGS arriving at home, work or school and taking the person into custody in front of friends and family

This person really needs to deal with what is a very serious issue and stop acting the maggot, they are showing total lack of respect for the court, a number if DJ's will happily leave the person in the custody part of the court for hours with a lovely lunch provided by the prison service and not deal with bail until last thing.

Turn up by agreement with Garda bail will be sorted first thing in the list.

Claw Hammer

13.—(1) If a person who has been released on bail in criminal proceedings Criminal Justice Act, 1984

13.—(1) If a person who has been released on bail in criminal proceedings fails to appear before a court in accordance with his recognisance, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding twelve months or to both.
(2) It shall be a defence in any proceedings for an offence under subsection (1) for the accused to show that the he had a reasonable excuse for not so appearing.
(3) For the purpose of section 11 an offence under this section shall be treated as an offence committed while on bail.
(4) Where a person has failed to appear before a court in answer to his bail and the court has directed that a warrant be issued for the arrest of that person by reason of his failure to answer his bail, a member of the Garda Síochána may arrest such a person notwithstanding that he does not have the warrant in his possession at the time of the arrest.
(5) Where a person is arrested pursuant to subsection (4) the member arresting him shall as soon as practicable produce and serve on the said person the said warrant.

Fred Swanson

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Santa Cruz

coylemj wrote: »

A bench warrant doesn't allege a new offence, it simply says that you failed to turn up having been released on bail (or you failed to answer a summons) and the cops can arrest you in order to bring you in front of the judge to answer the original charge(s).

You'd need to be in custody and bust out of the Garda station or the holding cells in the court in order to attract a new charge (escaping from lawful custody). Merely failing to turn up having been released on bail is not a criminal offence.

Section 13 Criminal Justice Act 1984 is a basic part of legislation and should be known to anyone practising or studying the criminal law procedures.
A person who fails to answer their bail can be made subject of a Bench Warrant and an additional charge under Section 13.
Really should be commenting on this at all if you don't know this

Santa Cruz

Deborah087 wrote: »

Would the guards actually come to looking for you if a bench warrant was issued ? Or only if you came in contact with them again for some reason

Yes they would. A Bench Warrant is a court order which the Gardaí are obliged to obey. They do this by seeking to arrest the defendant either at his address or anywhere else they may come in contact with. If you come ion contact again with them before they get you PULSE records will show that there is a warrant for your arrest. They will arrest you and you will be held in custody until a court hearing is held.

Claw Hammer

Fred Swanson wrote: »

This post has been deleted.

Is that supposed to mean that it has never happened or that your level of knowledge is deficient?

Fred Swanson

This post has been deleted.

Claw Hammer

Fred Swanson wrote: »

This post has been deleted.

Go to your local District Court. There will be several Section 13 charges dealt with on days when criminal cases are being processed. There is usually no publicity given to them but there will be some mention by the judge.

Here is one which was mentioned in the High Court.
http://www.courts.ie/__80256F2B00356A6B.nsf/0/2E9A58DCAB6D4DF680257C1400573D9D?Open

Bandit12Biker

As comments before yes guards come out looking;and as b4 could be ANYTIME/ANYDAY and can ask people around about you but won`t tell them what it is for.Turn up as could be fine/slap on wrist but at least shows you are serious;say sorry etc whatever it takes;could effect in long run if arrest warrent is made as in could go on record and ruin holidays to America etc.

Holsten

You get yourself a nice bench warrant out for your arrest and the Gardaí will be looking for you.