Failed to appear in court

lajtel

A while back I was arrested for criminal damage, released a few hours later and issued with a court date upon being released.
I failed to show up to court, and received a letter from the district court demanding a payment of €250 for what I understand, not showing up in court.

They are referring to Section 9(2) of the bail act, 1997 (as amended by Section 15 criminal justice act 2007).

Now, I have no issues paying this money, I am just curious if this is standard procedure when people fails to appear in court?
And would anyone be able to outline what in the acts mentioned above justifies this money to be demanded? As English is not my first language, I am having a struggle understanding the texts.

Also, nothing is mentioned about a new Court date - would I be expecting another letter from the district court in regards to this?

Exiled1

Your English seems pretty good to me!

lajtel

Exiled1 wrote: »

Your English seems pretty good to me!

Yeah my English is grand, but it ain't easy understanding the slightly confusing wording that is always being used in laws! Can barely understand them in my native tongue.

mickdw

So you were arrested for criminal damage and given a court date.
Surely it would have been in your interest to actually appear in court rather than further querying the legal processes involved.

lajtel

mickdw wrote: »

So you were arrested for criminal damage and given a court date.
Surely it would have been in your interest to actually appear in court rather than further querying the legal processes involved.

Wasn't in the country for the court date (flown out for a training course with work) and I'm not in any way challenging the fact that I am being asked to pay the money.
I am merely interested in the technicalities behind the decision.

Losty Dublin

Without seeing the letter but this €250 may be the bail surety set when you were arrested and charged. As you didn't appear in court on the day the money is due.

lajtel

Losty Dublin wrote: »

Without seeing the letter but this €250 may be the bail surety set when you were arrested and charged. As you didn't appear in court on the day the money is due.

There was no bail set when I was released, only issued a court date and the field for the bail on the charge sheet (if that's what it's called) was just crossed out.

Losty Dublin

lajtel wrote: »

There was no bail set when I was released, only issued a court date and the field for the bail on the charge sheet (if that's what it's called) was just crossed out.

Have you contacted the court yet?

lajtel

Losty Dublin wrote: »

Have you contacted the court yet?

I haven't, only received the letter today (court date was the 22nd).
From what I read on Citizens Information I just thought I'd be issued a new court date, as is why I'm interested in the technicalities and was hoping someone would be able to decipher the acts mentioned.

4ensic15

Seems like you were convicted in your absence. You were fined €250 and your bail was estreated.

lajtel

Had to dig out the charge sheet / court summons to have a better read of it.
It actually stated that I owe the State €150 which will be estreated if I fail to appear.

Surely I will only be liable to pay 150 and not 250 as stated in the letter I received? Giving the district court a ring tomorrow to clarify.

Little CuChulainn

When you failed to turn up for court a bench warrant was issued for your arrest. The next court date will be when you are arrested and brought before the court in custody.

When you signed your bail bond you agreed to a financial penalty if you failed to show up for court. When you failed to show up for court you forefeited this money to the state. In order to collect it, a warrant for estreatment of bail will be issued for you. This gives the Garda power to demand the money from you or lodge you directly in prison in default of payment.

lajtel

Little CuChulainn wrote: »

When you failed to turn up for court a bench warrant was issued for your arrest. The next court date will be when you are arrested and brought before the court in custody.

When you signed your bail bond you agreed to a financial penalty if you failed to show up for court. When you failed to show up for court you forefeited this money to the state. In order to collect it, a warrant for estreatment of bail will be issued for you. This gives the Garda power to demand the money from you or lodge you directly in prison in default of payment.

A lot of guessing in your post, understandable considering the lack of information provided from my side.
The letter states that in default of payment within the time given, a warrant for my arrest will be issued. With that said, surely there won't be any warrant for my arrest issued as I am intending to pay the estreated amount as well as appearing for the new court date.

ohnonotgmail

lajtel wrote: »

A lot of guessing in your post, understandable considering the lack of information provided from my side.
The letter states that in default of payment within the time given, a warrant for my arrest will be issued. With that said, surely there won't be any warrant for my arrest issued as I am intending to pay the estreated amount as well as appearing for the new court date.

there was more than likely a warrant issued for your arrest for not turning up.

Little CuChulainn

lajtel wrote: »

A lot of guessing in your post, understandable considering the lack of information provided from my side.
The letter states that in default of payment within the time given, a warrant for my arrest will be issued. With that said, surely there won't be any warrant for my arrest issued as I am intending to pay the estreated amount as well as appearing for the new court date.

It's not guesswork, it's just the standard practice. You might have been convicted and fined €250 in your absence but it is unusual for such an action for a criminal damage charge.

lajtel

ohnonotgmail wrote: »

there was more than likely a warrant issued for your arrest for not turning up.

What are you basing that on?

This is what Citizen Information has to say (http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/summons.html):
"If you do not appear in court on the date stated in the summons, the District Court may either:

Go ahead with the hearing in your absence or
Decide to adjourn the matter.
You will be notified of the new date for the hearing.
If, on the adjourned date, you have still failed to appear in court and the judge is satisfied you were given reasonable notice of the adjourned hearing, the court may

Issue a warrant for your arrest to bring you to court or
Go ahead with the hearing in your absence
absence"

This points out a warrant would possibly be issued if you don't appear on the adjourned date.

Little CuChulainn

lajtel wrote: »

What are you basing that on?

This is what Citizen Information has to say (http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/summons.html):
"If you do not appear in court on the date stated in the summons, the District Court may either:

Go ahead with the hearing in your absence or
Decide to adjourn the matter.
You will be notified of the new date for the hearing.
If, on the adjourned date, you have still failed to appear in court and the judge is satisfied you were given reasonable notice of the adjourned hearing, the court may

Issue a warrant for your arrest to bring you to court or
Go ahead with the hearing in your absence
absence"

This points out a warrant would possibly be issued if you don't appear on the adjourned date.

Sounded like you were charged, not summonsed.

lajtel

Little CuChulainn wrote: »

It's not guesswork, it's just the standard practice. You might have been convicted and fined €250 in your absence but it is unusual for such an action for a criminal damage charge.

But as I said the letter states that a warrant for my arrest will be issued if I fail to make the payment.
Why would that be specified if there is already one issued?

Little CuChulainn

lajtel wrote: »

But as I said the letter states that a warrant for my arrest will be issued if I fail to make the payment.
Why would that be specified if there is already one issued?

You get two warrants. A bench warrant for failing to show in court and a penal warrant for the money you owe.

lajtel

Little CuChulainn wrote: »

Sounded like you were charged, not summonsed.

I received a charge sheet, as well as what I thought was a summons?
Paper stating I will appear in court on said date and time, signed by me and a member of the Garda.

Little CuChulainn

lajtel wrote: »

I received a charge sheet, as well as what I thought was a summons?
Paper stating I will appear in court on said date and time, signed by me and a member of the Garda.

That was a bail bond.

Kevg268

if you fail to appear on an indictable offence, which criminal damage is, a bench warrant will be issued for your arrest. a judge will not deal with your case in your absence. this only happens for summary offences (traffic, public order etc). by not turning up
after signing a bail bond you can be fined and another warrant ( issuedestreatment)

lajtel

Little CuChulainn wrote: »

You get two warrants. A bench warrant for failing to show in court and a penal warrant for the money you owe.

Interesting. Would a bench warrant usually just mean that they collect me a day or two before the court date and keep me in custody until the court date?

Fred Swanson

This post has been deleted.

scrummonkey

A BW means you may arrested at any time on any day and brought before the next available DC date in the area. In practice the guard may arrange you meet them by appointment outside the DC where they will formally execute the warrant by arresting you and bringing you before the court. That is the more attractive method from the defendants viewpoint. They could also just arrest you without warning and depending on the time day etc, hold you in custody until the next Dc date.(so, if arrested on saturday night say, you would be held in custody until monday morning.
Once brought before the DC on foot of the bench warrant, a date will be set for your hearing.The garda may either apply for your remand in custody or on fresh recognisance/bail to that date.

4ensic15

Kevg268 wrote: »

if you fail to appear on an indictable offence, which criminal damage is, a bench warrant will be issued for your arrest. a judge will not deal with your case in your absence. this only happens for summary offences (traffic, public order etc). by not turning up
after signing a bail bond you can be fined and another warrant ( issuedestreatment)

Criminal damage is an either way offence, not an indictable. If the damage was minor it may well have been dealt with summarily.

lajtel

Thanks for all the answers!
Got in touch with the gards and indeed there is a bench warrant issued for me. (Sorry for doubting people saying so).
On my way to deal with it now.