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Peremptory against the state

  • 08-12-2019 11:40AM
    #1
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭


    Can't really give context as this came up at work but what would it mean for a case to be made 'Peremptory against the state'?

    TIA!


Comments

  • #2
    HeidiHeidi
    Registered Users, Registered Users 2 Posts: 31,001 ✭✭✭✭HeidiHeidi


    Unofficial version - if you don't have your **** together next time, case will be thrown out.


    I'm sure someone will be along with an actual proper version soon.


  • #3
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    HeidiHeidi wrote: »
    Unofficial version - if you don't have your **** together next time, case will be thrown out.


    I'm sure someone will be along with an actual proper version soon.


    That would make sense in the context thanks Heidi!


  • #4
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    When a case is adjourned it can be marked as "peremptory as against the prosecution" (or ...as against the state), usually happens when the prosecutor is not ready to continue the trial at the initial date and looks for an adjournment, when marked as such the case will may* be dismissed/struck out at the next hearing if the prosecutor is still not ready to proceed.

    Peremptory against the state is essentially a condition of the adjournment, *but it isn't actually final because it has no defined legal effect!


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