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Guardai withdrew a summons at last minute in court

  • 13-03-2018 3:50pm
    #1
    adamk2345
    Registered Users, Registered Users 2 Posts: 10 ✭


    Just looking for information on what a withdrawn charge is, does it mean it’s been struck out or will it be brought back up again later


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    I'd be interested to know what the effect of withdrawing a case is myself.

    Does the Court strike the summons out? If that's the case, provided the Garda is still within time, another summons can issue.

    If the effect is other than strike out, it's questionable whether another summons can issue.


  • #3
    NinetyTwoTeam
    Closed Accounts Posts: 619 ✭✭✭NinetyTwoTeam


    the charge being withdrawn means it dropped. whereas it's the judge that strikes out. there's no need for it to be struck out as it being withdrawn means it isn't going further to where the judge deals with it.

    it's a non-runner basically (for the day that's in it)


  • #4
    Lmklad
    Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    Withdrawn means the State are not offering any evidence and are in effect dropping the prosecution.


  • #5
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Neither of the above posts answers the specific question what is the effect of a withdrawal by the prosecutor.

    What happens to the proceedings if the prosecution withdraw? Are the proceedings still alive? Can they be re-entered? Or are they determined by the withdrawal? Or is it tantamount to entering a nolle prosequi?

    It's not determinative of proceedings for one party to unilaterally withdraw their case, even if that party is the State in its capacity of prosecutors on behalf of the People. At least not as far as I know.

    I'd like to know better!


  • #6
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    hullaballoo wrote: »
    What happens to the proceedings if the prosecution withdraw? Are the proceedings still alive? Can they be re-entered? Or are they determined by the withdrawal?

    It would not be determined as res judicata would not apply as the court has not heard the case, just like when struck out.


    hullaballoo wrote: »
    Or is it tantamount to entering a nolle prosequi?

    Discontinuance, withdrawal and strike out basically mean the same that the proceedings have come to an end without being determined, the DPP vs James Bowes [2004] IECCA 44 Court of Criminal Appeal case analogies discontinuance as a withdrawl or entering a nolle prosequi.
    Equally, the Court is of the view that discontinuance, by analogy with the well-known use of that word on the civil side of the court refers to a voluntary act of the prosecuting authority to bring the proceedings to an end, as by formally withdrawing the charges or entering a nolle prosequi.


    hullaballoo wrote: »
    It's not determinative of proceedings for one party to unilaterally withdraw their case, even if that party is the State in its capacity of prosecutors on behalf of the People. At least not as far as I know.

    I'd like to know better!

    From the O'Callaghan vs DPP [2011] IESC 30 Supreme Court case:-
    The ordinary consequence of the entry of a nolle prosequi is that the Director may or may not consider preferring new charges


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  • #7
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Brilliant! :D

    And now I know.


  • #8
    adamk2345
    Registered Users, Registered Users 2 Posts: 10 ✭adamk2345


    Thanks very much for all the information


  • #9
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    hullaballoo wrote: »
    Brilliant! :D

    And now I know.

    I'm in the wrong profession :)


  • #10
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Yes.

    But don't discount the possibility that I may be the same. :pac:


  • #11
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Its not a nolle prosequi

    Withdrawn means if all the requirements are there they can come again

    Strike out on a technicality means they can come again

    Dismissal means they cannot.


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  • #12
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Side bar from the core question.

    Why do judges sometimes instruct juries to return a verdict of not guilty i.e. not guilty by direction ?

    I must say that I would be more comfortable with a formal verdict of not guilty thus ensuring that there is no liberty to prosecute again.


  • #13
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    A directed acquittal bars prosecution in the future.

    This is done for a few reasons, primarily that the prosecution having made their case have failed to make out a prima facie case.


  • #14
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    hullaballoo wrote: »
    A directed acquittal bars prosecution in the future.

    Not always, depending on the circumstances, the DPP can appeal a directed acquittal and look for a retrial where for example the court erroneously excluded compelling evidence.


  • #15
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mr. Incognito wrote: »
    Its not a nolle prosequi

    Withdrawn means if all the requirements are there they can come again

    Strike out on a technicality means they can come again

    Dismissal means they cannot.

    Why would a court allow a matter that has been withdrawn to be re-entered?.
    Surely if a prosecutor has a problem such as a witness gone abroad (s)he should seek an adjournment


  • #16
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Mr. Incognito wrote: »
    Its not a nolle prosequi

    Withdrawn means if all the requirements are there they can come again

    Strike out on a technicality means they can come again

    Dismissal means they cannot.

    Indeed a dismissal means the charge can't be brought again as the matter has been determined by the court and so the principles of res judicata apply.

    A strike out, withdrawal, discontinuance or nolle prosequi are in effect the same as far as the accused is concerned as they allow for new charges to be made as the matter has not been determined before the court and so the principles of res judicata does not apply.


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