Summons Time frame

lamb stew

Does anyone know how long the gardai have to apply for a summons for a District court offence. I know it is 6 months. but is that 24 weeks/168 days or is it lets say 29th June to 29th of December. if i let's say Committed an offence on the 29th of June , would the gardai have until 29th of December to apply for a summons or 24 weeks/168 days to apply for it.:D

Peregrinus

Six calendar months. So from 29th June to 29th December.

Indricotherium

Peregrinus wrote: »

Six calendar months. So from 29th June to 29th December.

Is that to apply or serve?

Peregrinus

To apply. There's no time limit for serving, SFAIK, but if the guards delay for no good reason they risk jeopardising a successful prosecution. The defendant can argue that, the more time elapses, the more difficult it becomes for him to defend the charge, and that it is oppressive and burdensome to delay the prosecution for no good reason.

4ensic15

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Peregrinus wrote: »

Six calendar months. So from 29th June to 29th December.

The six months starts on the first day so it is from the 29th June to the 28th December. It changed in the Interpretation Act of 2005.

Victor

lamb stew wrote: »

I know it is 6 months. but is that 24 weeks/168 days

6 months is equivalent to 26 weeks or 182 / 183 days.

GM228

As others have states it's based on calender months, not weeks or days as there are occassions where the date will be thrown off if you use the 182 day or 26 week rule.

Victor wrote: »

6 months is equivalent to 26 weeks or 182 / 183 days.

26 weeks will always be 182 days, not 183 - leap year confusion.

4ensic15

GM228 wrote: »

As others have states it's based on calender months, not weeks or days as there are occassions where the date will be thrown off if you use the 182 day or 26 week rule.




26 weeks will always be 182 days, not 183 - leap year confusion.

It used to be know as the even date rule. E.G. Crime allegedly committed on 6th of january - 6 month time limit expired on 6th July. Since 2005 the time limit expires on 5th july. It doesn't matter if it is a leap year or not. It is 1 day less than the even date.

GM228

4ensic15 wrote: »

It used to be know as the even date rule. E.G. Crime allegedly committed on 6th of january - 6 month time limit expired on 6th July. Since 2005 the time limit expires on 5th july. It doesn't matter if it is a leap year or not. It is 1 day less than the even date.

Correct (but wasn't it the "corresponding date rule"), indeed since 2005 that is the proper meaning of calender month in law - a specified date in one month to the day numerically corresponding to that date in the following month, less one.

4ensic15

GM228 wrote: »

Correct (but wasn't it the "corresponding date rule"), indeed since 2005 that is the proper meaning of calender month in law - a specified date in one month to the day numerically corresponding to that date in the following month, less one.

A calendar month is the sdame length as it always was. What the 2005 act did in respect of pre 1922 statutes was to make the first day reconable in counting. Under common law rules the first day is the day after the incident. What changed was the determination of the first day for counting. Under common law a calendar moth expire on the same date as the incident because the date of the incident itself is not counted. Since 2005 it is counted thus pulling the expiry of the calendar month back by a day.

Victor

4ensic15 wrote: »

Under common law a calendar moth expire

All moths expire when they touch the candle. :pac:

GM228

4ensic15 wrote: »

A calendar month is the sdame length as it always was. What the 2005 act did in respect of pre 1922 statutes was to make the first day reconable in counting. Under common law rules the first day is the day after the incident. What changed was the determination of the first day for counting. Under common law a calendar moth expire on the same date as the incident because the date of the incident itself is not counted. Since 2005 it is counted thus pulling the expiry of the calendar month back by a day.

Indeed, that is what I was getting at that since 2005 calender month was used properly, i.e 1 day less from the corresponding date of the offence rather than the actual corresponding date rule, as the day of the offence is now part of the reckonable time.

Indricotherium

4ensic15 wrote: »

It used to be know as the even date rule. E.G. Crime allegedly committed on 6th of january - 6 month time limit expired on 6th July. Since 2005 the time limit expires on 5th july. It doesn't matter if it is a leap year or not. It is 1 day less than the even date.

What happens if something is set to expire on 30 February then?

Peregrinus

Indricotherium wrote: »

What happens if something is set to expire on 30 February then?

Nothing is ever "set to expire" on 30 February, for obvious reasons. That would be meaningless.

What the relevant provision provision (Petty Sessions (Ireland) Act, 1851 s.10) says is . . .

"In all cases of summary jurisdiction the complaint [to the District Court] shall be made . . . within six months from the time when the cause of complaint shall have arisen." ("Making a complaint" is what the guards do when they want the District Court to issue a summons.)

Right. I commit some minor offence on 31 August. On the following 1 March the guards rock up to the District Court and apply for a summons. Is 1 March "within six months" of 31 August? No, it isn't. March is the seventh calendar month after August. The guards can't validly make a complaint after the end of February.

GM228

Indricotherium wrote: »

What happens if something is set to expire on 30 February then?

I'll quote Lord Diplock's comments from Dodds vs Walker [1981] 2 All E.R. 609 which has previously seen approval from the Irish courts and best describes situations like you describe.

Because the number of days in five months of the year is less than in seven others the inevitable consequence of the corresponding date rule is that one month's notice given in a 30-day month is one day shorter than one month's notice given in a 31-day month and is three days shorter if it is given in February.

Obviously it was in relation to the corresponding date rule, but the only difference now is the day of the offence is counted as day 1 rather than the following day.