Summons delivered while Court in session - Illegal???

Peterbilt

Another question ladies and gents please. If AGS give you a summons while you're in Court and Court is actually in session is that illegal? Also, if you refuse to actually take the summons into you hand and AGS leave them on the seat beside you, is that summons correctly executed?
Thanks in advance.

SmartinMartin

No and yes.

johnnyskeleton

What colour hat is the Garda wearing at the time? You should check if he's on oath first before refusing to accept the summons. Read the Habeas Corpus Act, 1792 for further info.

Losty Dublin

johnnyskeleton wrote: »

What colour hat is the Garda wearing at the time? You should check if he's on oath first before refusing to accept the summons. Read the Habeas Corpus Act, 1792 for further info.

In episode 5 of Pugwash in 1972 such a thing happened to Seaman of the family Staynes when a navy hat was worn. It was illegal in this case; we paid no TV licence at the time and no consent was made between us and P+T; as well but our telly was black and white and thus so was the hat.

myshirt

Is a TV licence fee validly enforceable if I can prove I am unable to operate the remote and thus should only be on a provisional?

Robbo

myshirt wrote: »

Is a TV licence fee validly enforceable if I can prove I am unable to operate the remote and thus should only be on a provisional?

If you put your TV in your neighbours porch and watch via a series of angled mirrors, you're grand.

nuac

Robbo wrote: »

If you put your TV in your neighbours porch and watch via a series of angled mirrors, you're grand.

Novel defence against a peeping Tom prosecution

Samuel T. Cogley

Surely OP you've seen summons served on TV and all the great and novel way they're done? I especially liked the bike crash in Billions!

On second thought maybe that's the point? Don't answer the first clause there OP, might be used against you.

nuac

I have never seen a summons served in court, except by consent. Such service usually involves some conversation.

They are often served outside the courtroom, or after the judge has left the bench.

Back in the days of summons servers there could be great difficulties serving summonses on the islands.

In one island the ferryowner would ask if the summons was between two islanders, or for a mainlander ( whether an individual, bank, council etc ). If the latter the ferryman would say I could take you in alright, but may not have room in the boat to take you out. ( islanders speak of going into an island and out to the mainland ).

On Clare ( Island ) the landlord of the day found it hard to collect rents.

On one occasion the sheriff and the usual RIC party was supplemented by a Royal Navy detachment. The women of the island stoned them before they could disembark.

Peterbilt

Interesting indeed...

Anyhow, summons taken back by AGS Inspector after Court from where it was left on seat - I never touched it at any time - and haven't seen hide nor hair of it or AGS since. Told afterwards that can't be served in actual body of Court while Judge on bench hearing cases.

Sure it's all Japanese to me so it is...

Losty Dublin

Peterbilt wrote: »

Interesting indeed...

Anyhow, summons taken back by AGS Inspector after Court from where it was left on seat - I never touched it at any time - and haven't seen hide nor hair of it or AGS since. Told afterwards that can't be served in actual body of Court while Judge on bench hearing cases.

So you've broken a law (Allegedly, of course.) and the Gards have investigated to the point where there is a case to be answered and it's due in the courts. It may be wise to obtain a criminal law solicitor and get some legal advice as a matter of urgency.

4ensic15

Peterbilt wrote: »

Another question ladies and gents please. If AGS give you a summons while you're in Court and Court is actually in session is that illegal? Also, if you refuse to actually take the summons into you hand and AGS leave them on the seat beside you, is that summons correctly executed?
Thanks in advance.

There are some common law rules of dubious validity which might prevent service while the court is in session. It is of little use in any defence. Once you are in court the judge will not care how you were served.

GM228

Peterbilt wrote: »

Interesting indeed...

Anyhow, summons taken back by AGS Inspector after Court from where it was left on seat - I never touched it at any time - and haven't seen hide nor hair of it or AGS since. Told afterwards that can't be served in actual body of Court while Judge on bench hearing cases.

Sure it's all Japanese to me so it is...

They can serve you the summons when they pick you up on that bench warrant.

nuac

4ensic15 wrote: »

There are some common law rules of dubious validity which might prevent service while the court is in session. It is of little use in any defence. Once you are in court the judge will not care how you were served.

The bible on topics of service etc was O'Connor's Justice of the Peace ( about 1910 ) Contained many decided cases re service of summonses, notices to quit etc.

GM228

nuac wrote: »

The bible on topics of service etc was O'Connor's Justice of the Peace ( about 1910 ) Contained many decided cases re service of summonses, notices to quit etc.

1911 was the first edition, I had a 1915 second edition in reasonable condition which my father bought by chance in a car boot sale many years ago for very little, sadly it's importance went amiss and I got rid of it before taking an interest in the law, sorry I did that now (and I won't mention how I got rid of it as it is just too unjust).