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Prosecutions where no fixed penalty notice issued

  • 24-03-2017 12:20am
    #1
    Victor
    Registered Users, Registered Users 2 Posts: 78,622 ✭✭✭✭


    https://www.rte.ie/news/ireland/2017/0323/861986-garda-road-traffic/

    Leaving aside for the moment that someone will be on record as saying to the court "Yes, a fixed penalty notice was issued", what is to stop the Garda prosecuting a case against someone, without having sent a fixed penalty notice?

    As I understand things, there is no entitlement to a fixed penalty notice.


Comments

  • #2
    BaronVon
    Registered Users, Registered Users 2 Posts: 1,631 ✭✭✭BaronVon


    Section 103 of the RTA states that if an offence is an FCPS offence, an FCPS ticket must be issued first, apparently. I've gone through it, and I don't see that explained explicitly.

    http://revisedacts.lawreform.ie/eli/1961/act/24/section/103/revised/en/html

    Maybe Section 15
    (15) In a prosecution for an offence under subsection (13) of this section consisting of a contravention of subsection (4) of this section, it shall be presumed, until the contrary is shown, that the accused person received the notice under this section to which the offence relates.


  • #3
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,166 ✭✭✭✭Peregrinus


    S. 103(2) makes it mandatory, not optional, for the guards to issue a fixed penalty notice. If the offender pays the fixed penalty then prosecution for the offence is barred by s. 103(9)(c).

    The clear intent of the legislature is that a person should have the right to avoid a prosecution by paying the fixed penalty, and prosecuting him without affording him that opportunity is oppressive.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,622 ✭✭✭✭Victor


    https://twitter.com/MadTaoiseach/status/845227153218260994


  • #5
    ED E
    Registered Users, Registered Users 2 Posts: 36,170 ✭✭✭✭ED E


    Am I correct in saying all of RTE got this wrong today?

    To be blatantly clear:

    FCPNs not arriving in the post (actually or claimed) - Not what this is about

    Gardai going straight to court and not sending the FCPN - Whats actually at issue


  • #6
    Jimmy Garlic
    Registered Users, Registered Users 2 Posts: 4,348 ✭✭✭Jimmy Garlic


    They could be trying to boost their conviction numbers. Wouldn't surprise me at all given all the revelations about shady activity within AGS.


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  • #7
    BaronVon
    Registered Users, Registered Users 2 Posts: 1,631 ✭✭✭BaronVon


    ED E wrote: »
    Am I correct in saying all of RTE got this wrong today?

    To be blatantly clear:

    FCPNs not arriving in the post (actually or claimed) - Not what this is about

    Gardai going straight to court and not sending the FCPN - Whats actually at issue

    Yes, you are correct. For example, No NCT is an FCN offence, but no NCT displayed and failure to produce NCT are not FCN offences. So a guard would stop a fella with no NCT, he'd make a demand for him to produce his NCT Certificate, and the driver fails to do so.

    What should have happened was FCN for No NCT, and 2 summonses for no NCT Displayed, and Fail to Produce NCT. In reality, driver got summonsed for all 3 offences off the bat.

    Other common offences are No Insurance Displayed, and No tax displayed, but there would be further summonses for No Tax and No Insurance. Most of the offences will have been Taken Into Consideration, and I don't beileve it will be as bad as it initially sounds, i.e. most drivers will have been up for a number of motoring offences, and a minority of these would fall into this category.


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