Summons

muggles

Is it possible to check if a summons has been applied for? Six months are nearly up and it would be good to know whether issue has been dropped or if it will proceed. While I do know a couple of Gardaí, I don't want to put them in situation of checking Pulse and then having to explain why if questioned on it.

Luke92

Find out arresting gardai and ask him.

muggles

Luke92 wrote: »

Find out arresting gardai and ask him.

Wasn't arrested, just names taken but that's ok to do? As in it's a legit question to ask?

Pat Mustard

muggles wrote: »

Is it possible to check if a summons has been applied for? Six months are nearly up and it would be good to know whether issue has been dropped or if it will proceed.

It is possible to check with Gardai whether a summons has issued. The six month time limit that applies to particular minor offences is in relation to the making of the complaint by Gardai to the court clerk, not the issue of the summons.

muggles

The Mustard wrote: »

It is possible to check with Gardai whether a summons has issued. The six month time limit that applies to particular minor offences is in relation to the making of the complaint by Gardai to the court clerk, not the issue of the summons.

Sorry to sound stupid now The Mustard, but you've lost me.:o My understanding was that the garda would have six months to apply for summons. If not done so by then, I could take it as being dropped. Can this actually run on indefinitely??

Vivian Puny Thunderbolt - that's exactly what I want to avoid, therefore wasn't going to query anything until the six months had lapsed but I'm not so sure that's going to put my mind at ease now either from what The Mustard has said above.:o

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Or, you could behave yourself when you're out

muggles

LexieOnRale wrote: »

Or, you could behave yourself when you're out

Thank you for your valuable contribution. I must note that.

muggles

Thanks Vivian Puny Thunderbolt, that was my understanding of it also. Re-reading The Mustard's post, it's what he also implied but didn't register whatever way I read it the first time!

I'd rather just know if the summons has been sought rather than arriving home to the post every evening for next year, or indefinite period, wondering if I'm going to get one. I'll make enquiries in a couple of weeks when the six month period has lapsed.

Thank you all for your help and answers.

Pat Mustard

My apologies for lack of clarity.

In a nutshell, the procedure is as follows:
1. The Garda investigates the alleged crime.
2. Assuming that it is one of the minor offences to which the six month time limit applies (as opposed to an indictable offence or a hybrid offence), the Garda must make a complaint to the District Court within six months, according to section 10 of the Petty Sessions (Ireland) Act 1851, (as amended).
3. Upon receipt of the Garda complaint, the District Court Clerk issues a summons.
4. The District Court Clerk returns the summons to the Garda for service.
5. The Garda serves the summons.
6. The matter comes before the court.

muggles wrote: »

Sorry to sound stupid now The Mustard, but you've lost me. My understanding was that the garda would have six months to apply for summons.

See below.

muggles wrote: »

If not done so by then, I could take it as being dropped.

It is possible for people to telephone a Garda station and find out if a summons has issued. However, in relation to the minor offences to which the six month time limit applies, what is important is if the complaint has been made in time or not. Without speaking to the prosecuting Garda himself, which might be unwise, I doubt that a random Garda who answers the phone in the station would be able to say whether the complaint had been made or not.

I don't know if a District Court Clerk could or would be entitled to give out that information.

muggles wrote: »

Can this actually run on indefinitely??

I wouldn't use the word 'indefinitely'. Most of these things are cleared up within a year or so. Some drag on.

muggles wrote: »

Vivian Puny Thunderbolt - that's exactly what I want to avoid, therefore wasn't going to query anything until the six months had lapsed but I'm not so sure that's going to put my mind at ease now either from what The Mustard has said above.:o

Makes sense.

muggles

Thank you very much for your reply The Mustard. Makes perfect sense (especially as the brain is in better working order today than it was last night!).

In the greater scheme of things, I don't think it was that great an offense - name was taken for drinking after hours on licensed premises, garda said he was going to issue summons and bring us to court!:o But then, having never been in any sort of trouble before or having had any dealings with gardaí, everything is relative.

nuac

muggles wrote: »

Thank you very much for your reply The Mustard. Makes perfect sense (especially as the brain is in better working order today than it was last night!).

In the greater scheme of things, I don't think it was that great an offense - name was taken for drinking after hours on licensed premises, garda said he was going to issue summons and bring us to court!:o But then, having never been in any sort of trouble before or having had any dealings with gardaí, everything is relative.

You may join the honourable list of "Found ons".

Many of our most eminent citizens, including lawyers, have featured in such lists

Unless you gave the Garda cheek, or a wrong name, or failed to cooperate this is far short of a hanging matter.

Once these lists used to appear in the court reports section of the local paper. Rarely nowadays.

About a 100 years ago the editor of our local paper was involved in politics. He used to publish names of those "found on" on a selective basis, his opponents' or perceived opponents' names being in large prominent type.

Have a word with the publican. The publican may know if any summonses are going ahead and have the pub solicitor look after your interests.

GerardKeating

Vivian Puny Thunderbolt wrote: »

As another poster mentioned gard has 6 months to apply for summons. Not 6 months for you to get it. You could be waiting a year or more.

I thought it was both,

• Six months to apply and after the application
• Six months (more) to serve it.

Pat Mustard

GerardKeating wrote: »

I thought it was both,

• Six months to apply and after the application
• Six months (more) to serve it.

Yes, but the time for service can be extended and extended etc.

The time to make the complaint cannot be extended.

muggles

nuac wrote: »

You may join the honourable list of "Found ons".

Many of our most eminent citizens, including lawyers, have featured in such lists

Unless you gave the Garda cheek, or a wrong name, or failed to cooperate this is far short of a hanging matter.

Once these lists used to appear in the court reports section of the local paper. Rarely nowadays.

About a 100 years ago the editor of our local paper was involved in politics. He used to publish names of those "found on" on a selective basis, his opponents' or perceived opponents' names being in large prominent type.

Have a word with the publican. The publican may know if any summonses are going ahead and have the pub solicitor look after your interests.

Gave correct name and DOB, no cheek at all.

Oh the name in local press was first thing that dawned on me following morning. Like that though, I don't see any such reports nowadays.