Summonsed 15 months after alleged offence - Advise please

yomchi

Hello everyone,

I am looking for a small bit of advice. A person received a summons to the district court 15 months after the alleged offence had occurred. The summons was applied for 9 months after the alleged offence.

My question is this; After doing some searching on Citizens Information website, it says that the summons should have been applied for by the Garda within 6 months of the alleged offence, so would anyone here be able to clarify that?

Thanks in advance.

The Reader

Hi

What exactly is the offence in respect of ?????????

yomchi

Sorry should have stated that, it's an alleged assault causing harm.

crusier

Assault causing harm is not a summary offence (6 months category), it's more serious and summons can be issued outside of 6 months, it can be dealt with in the circuit court and the penalties are higher.

The Reader

Hi
My advise to you would be to arrange a visit to your Solicitor and let him take your instructions and represent you. Do not delay.

yomchi

The Reader wrote: »

Hi
My advise to you would be to arrange a visit to your Solicitor and let him take your instructions and represent you. Do not delay.

He has done that today. Many thanks for your advice.

yomchi

crusier wrote: »

Assault causing harm is not a summary offence (6 months category), it's more serious and summons can be issued outside of 6 months, it can be dealt with in the circuit court and the penalties are higher.

I thought that too, however why is it being brought to the district court?
Can indictable offences be tried there without jury?

ohnonotgmail

yomchi wrote: »

I thought that too, however why is it being brought to the district court?
Can indictable offences be tried there without jury?

short answer is yes, depending on the nature of the offence and the agreement of the DPP, the judge and the accused. Fuller answer here http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/classification_of_crimes_in_criminal_cases.html

yomchi

Cheers all for the answers.