Fair procedures/fndamental fairness

GM228

I remember reading something a few years ago (can't remember if it was a specific case, study or opinion piece) about the principles of fair procedures and fundamental fairness that required a non-prosecution ption allowed for to be followed in certain circumstances before a potential prosecution - but I just can't nail down the relevant case law/study.

I'm not looking for any cases on the principles of fair procedures as I'm already aware of such, rather a case which for example showed that say an adult caution or a FCPN* for example should be afforded where appropriate instead of going straight to the prosecution stage.

For example, say a piece of legislation affords either a FCPN or a summons for an offence but unlike motoring offences does not state that a prosecution shall not be initiated until such option has been afforded that in such a circumstance the FCPN option must be offered first. As I said I read something before which confirmed this was required under fair procedures but simply can't find it anymore, any pointers?

*I'm not speaking of a FCPN for motoring offences as the law already mandates for them to be issued before potential criminal proceedings.

I've asked a few in the legal field and all agree, but nobody seems to be able to put their finger on anything specific or perhaps it's just inferred from the body of case law on the principles.

Victor

If one person is entitled to an FCPN for a particular offence, then everyone should be entitled to an FCPN for that offence. Otherwise, there is a risk of capricious policing / prosecution. There would certainly be American case law. In Ireland, the idea of allowing discretion to a garda sometimes goes too far. In contrast, some central / eastern European states have mandatory prosecutions.

From a practical point of view than a legal one, using an FCPN or similar has several advantages. An important one is that it is typically much quicker than the summons route and the punishment can be better linked with the crime by the perpetrator - you don't give out to your dog because he dug up the garden last week. Additionally, it can help everyone move on from incident and can therefore be of benefit to the victim(s) and the perpetrator. In general, it also means less police and court time tied up in minor matters.

Ideally, an FCPN should be issued on the spot. If it can't, then it should be issued as soon as the relevant officer / their supervisor can approve it's issue.

GM228

Thanks goes to a PM from one of the mods for reminding me I had this query - so I'm just giving this thread a bump to see if anyone else has any more input on my query?

To borrow the mods words, I/we are trying to "remember what the principle is under the umbrella of administrative law".

Fred Swanson

This post has been deleted.

GM228

Fred Swanson wrote: »

In some cases a FCPN may have little impact and the Gardaí would know those situations. An example would be someone who habitually parks in disabled spaces. They have the means to pay the tickets every time. A Garda may just get fed up of it and instead of issuing the ticket goes to a summons as a means to alter his behaviour.

As tempting as that may be a Garda can't skip the fixed charge stage and jump straight to a prosecution for motoring offences.