Missed court date due to not receiving summons

miss.piggy

Hi all, can someone with knowledge of usual procedures in drink driving cases please advise me - if a person misses their court date due to not receiving summons what is the usual outcome? The citizens advice website states that the judge can EITHER adjourn or go ahead with case in absence - in reality which if either of these happens? Is it possible to go ahead and convict for drink driving in the absence of the defendant? If adjourned, how long for usually?
If the defendant is absent on the second date, I.e. The adjourned date the judge can then either hear in their absence or issue an arrest warrant - again does anyone know which usually occurs?
Or is there a different possible course of action for either case?
Cheers

Pat Mustard

Some cases are heard on the first appearance in court. Some cases come up for mention and are then put back to another date for hearing. Some cases are put back for mention again. It can depend on the judge and his lists, and the area in question. Other circumstances may be put to the court which may be taken into consideration. For instance, if a Garda witness is not able to attend, a judge might adjourn, etc.

Judges have been known to issue bench warrants for defendants who fail to appear. Judges vary in the their practises.

In a drink driving case, if a defendant missed the first court appearance, it would be best to find out what actually happened in court, rather than trying to surmise what may have happened. A telephone call to the relevant court office might give such information.

In any event, whether pleading guilty or not, it would be best to get a solicitor for a drink driving case, considering the potential consequences involved.

Sempai

Was the summons served to the correct address and just not seen? A summons would have had to have been served on a known address for the accused before the case can proceed.
But it's very unlikely that a drink driving case would proceed without the accused being present and a bench warrant would be issued.

miss.piggy

The Mustard wrote: »

Some cases are heard on the first appearance in court. Some cases come up for mention and are then put back to another date for hearing. Some cases are put back for mention again. It can depend on the judge and his lists, and the area in question. Other circumstances may be put to the court which may be taken into consideration. For instance, if a Garda witness is not able to attend, a judge might adjourn, etc.

Judges have been known to issue bench warrants for defendants who fail to appear. Judges vary in the their practises.

In a drink driving case, if a defendant missed the first court appearance, it would be best to find out what actually happened in court, rather than trying to surmise what may have happened. A telephone call to the relevant court office might give such information.

In any event, whether pleading guilty or not, it would be best to get a solicitor for a drink driving case, considering the potential consequences involved.

Thanks Mustard - in your first paragraph are you talking about the normal proceedings for a drink driving case which is that the hearing is on the third occasion due to the solicitor requesting all the files on one appearance and something else happening on the second appearance?
Is the citizens advice website correct in saying that the judge only has the option of a bench warrant if someone misses the second I.e. Adjourned date?
Lastly what do you mean by mention?
Cheers

Sempai

for mention means that the case is adjourned for few weeks/months for a disclosure of all statements etc to the defence and then a date can be set to hear the case unless there is a guilty plea.

miss.piggy

Sempai wrote: »

Was the summons served to the correct address and just not seen? A summons would have had to have been served on a known address for the accused before the case can proceed.
But it's very unlikely that a drink driving case would proceed without the accused being present and a bench warrant would be issued.

It was dropped to address given at time of incident which was the correct address at the time but huge delay between incident and delivery of summons and it was only seen by chance after the court date as it was eventually forwarded on.
Again - Is it not the case that a bench warrant is only an option if adjourned date is missed?

Sempai

miss.piggy wrote: »

It was dropped to address given at time of incident which was the correct address at the time but huge delay between incident and delivery of summons and it was only seen by chance after the court date as it was eventually forwarded on.
Again - Is it not the case that a bench warrant is only an option if adjourned date is missed?

It depends on the judge, but most of them will issue a bench warrant for non appearance...unless that has changed recently, but i doubt it. Judges take drink driving cases seriously and would not proceed with the case unless the accused is present in court. They will proceed with other minor offences like speeding fines, no seat belts etc.
Best to contact the arresting Garda and speak to him/her and find out if there is a bench warrant and if there is can arrange to have it executed by appointment, giving you time to consult with a solicitor.

Pat Mustard

miss.piggy wrote: »

Thanks Mustard - in your first paragraph are you talking about the normal proceedings for a drink driving case which is that the hearing is on the third occasion due to the solicitor requesting all the files on one appearance and something else happening on the second appearance?
Is the citizens advice website correct in saying that the judge only has the option of a bench warrant if someone misses the second I.e. Adjourned date?
Lastly what do you mean by mention?
Cheers

When I say 'for mention', I mean that a matter would be mentioned but not actually heard.

You ask if a matter will be heard on first, second or third occasion in court. It varies from district to district, from judge to judge.

You ask if a judge will issue a bench warrant. I know of one judge who would issue bench warrants for defendants who didn't appear, even though the matter was not fixed for hearing and the defendant had a solicitor to represent him.

It is not enough to have an idea of what often happens in many districts. It is necessary to know a particular judge's form.

miss.piggy

The Mustard wrote: »

When I say 'for mention', I mean that a matter would be mentioned but not actually heard.

You ask if a matter will be heard on first, second or third occasion in court. It varies from district to district, from judge to judge.

You ask if a judge will issue a bench warrant. I know of one judge who would issue bench warrants for defendants who didn't appear, even though the matter was not fixed for hearing and the defendant had a solicitor to represent him.

It is not enough to have an idea of what often happens in many districts. It is necessary to know a particular judge's form.

Thanks for the reply - just wondering though - how could a case possibly be heard on the first date? As at that stage the solicitor wouldn't have seen the Garda records etc?

Pat Mustard

miss.piggy wrote: »

Thanks for the reply - just wondering though - how could a case possibly be heard on the first date? As at that stage the solicitor wouldn't have seen the Garda records etc?

That was in very general terms. If somebody was charged with driving without a licence, for example, there might not be any papers, so it might be dealt with on a first outing.

It has also happened that Garda statements have been sought and taken up prior to appearance in court, and guilty pleas indicated at the first available opportunity.

Santa Cruz

Because of the possibility of a prison sentence the Judge would not go ahead without the defendant present so a bench warrant would be issued.

miss.piggy

Prison sentence?

I'm still surprised to hear that a judge could issue a bench warrant without verifying the likelihood that the summons was even received in the first place!!

miss.piggy

Prison sentence?

I'm still surprised to hear that a judge could issue a bench warrant without verifying the likelihood that the summons was even received in the first place!!

Pat Mustard

miss.piggy wrote: »

Prison sentence?

I'm still surprised to hear that a judge could issue a bench warrant without verifying the likelihood that the summons was even received in the first place!!

The matter is not going to appear in front of a judge in the first place, until he has a copy of the summons and a declaration of service. The declaration of service is a sworn declaration that the summons has been served.

If an argument is going to be made that there is a defect in service, that is another matter.

miss.piggy

The Mustard wrote: »

The matter is not going to appear in front of a judge in the first place, until he has a copy of the summons and a declaration of service. The declaration of service is a sworn declaration that the summons has been served.

If an argument is going to be made that there is a defect in service, that is another matter.

In reality though is there not a massive difference between someone dropping an envelope (and declaring that they did so) at an address and the person its addressed to actually receiving it? Especially if there is a long delay since the incident?

Pat Mustard

miss.piggy wrote: »

In reality though is there not a massive difference between someone dropping an envelope (and declaring that they did so) at an address and the person its addressed to actually receiving it? Especially if there is a long delay since the incident?

Yes. There are rules regarding service of documents. Defects in service can arise.

It is worth knowing that there are a number of ways in which it may be possible for a court to deem that a defect in service has been cured.

Little CuChulainn

Usually the Judge will make his decision based on the method of summons service. If it was put in a letterbox the case will usually be put back and the Garda instructed to caution the accused in person. If the summons was served on a person such as a relative then the judge will generally issue a bench warrant.

Pat Mustard

Little CuChulainn wrote: »

Usually the Judge will make his decision based on the method of summons service. If it was put in a letterbox the case will usually be put back and the Garda instructed to caution the accused in person.

No, this is entirely inaccurate.

Judges do not ask Gardai to issue cautions. The Garda caution procedure directs matters away from court, in the first place.

If matters are in front of a judge, the judge will deal with it, and it will not be dealt with by Garda caution. Once service is adequate, mode of service does not affect matters further.

I'm not sure why you wrote any of the above. It's completely wrong.

Little CuChulainn

The Mustard wrote: »

No, this is entirely inaccurate.

Judges do not ask Gardai to issue cautions. The Garda caution procedure directs matters away from court, in the first place.

If matters are in front of a judge, the judge will deal with it, and it will not be dealt with by Garda caution. Once service is adequate, mode of service does not affect matters further.

I'm not sure why you wrote any of the above. It's completely wrong.

By caution I mean notify. The judge will ask the Garda to make sure they notify the accused personally of the court date when there is uncertainty over whether they received the summons. It happens all the time in the summons courts. It is in no way wrong.

miss.piggy

Little CuChulainn wrote: »

By caution I mean notify. The judge will ask the Garda to make sure they notify the accused personally of the court date when there is uncertainty over whether they received the summons. It happens all the time in the summons courts. It is in no way wrong.

When u say notify personally do you just mean its adjourned and guards serve again? I.e. not a warrant for arrest?

Little CuChulainn

miss.piggy wrote: »

When u say notify personally do you just mean its adjourned and guards serve again? I.e. not a warrant for arrest?

No I mean the case is adjourned and the Garda is told by the judge to notify the person of the next date. The summons was served correctly but the judge has accepted that there is possibility it was not passed on so is giving the person the opportunity to be notified.