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Section 8 public order act summons

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  • 22-03-2020 4:44pm
    #1
    tolow
    Registered Users Posts: 183 ✭✭


    Looking for some quick advice.

    A friend was arrested a couple of months ago whilst drunk under section 8 of the public order act. It was completely out of character, they went to the station the next day and apologised to the arresting garda and was told they would receive a caution. The Gard contacted them to arrange a meeting and the Gard then cancelled, the friend then heard nothing and received a call late at night from the gard but missed it. They called the Gard the next morning but he was off duty and asked for him to call back but heard nothing.

    Then this afternoon got a call from their parents to say a summons had been left at the family home. Should the summons have been dropped at their current address or does the summons have to be handed to someone?

    What's the best thing to do in this situation? Contact the arresting garda or is it too late at this stage? What is the likely outcome from the court hearing? Is an adult caution still possible? And possible to not receive anything on their record?

    Thanks in advance


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    #2
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Sorry, cannot give legal advice here. You should consult a solicitor practising in the court area
    Leaving open for general discussion subject to forum rules


  • Options
    #3
    Lmklad
    Registered Users Posts: 433 ✭✭Lmklad


    tolow wrote: »
    Looking for some quick advice.

    A friend was arrested a couple of months ago whilst drunk under section 8 of the public order act. It was completely out of character, they went to the station the next day and apologised to the arresting garda and was told they would receive a caution. The Gard contacted them to arrange a meeting and the Gard then cancelled, the friend then heard nothing and received a call late at night from the gard but missed it. They called the Gard the next morning but he was off duty and asked for him to call back but heard nothing.

    Then this afternoon got a call from their parents to say a summons had been left at the family home. Should the summons have been dropped at their current address or does the summons have to be handed to someone?

    What's the best thing to do in this situation? Contact the arresting garda or is it too late at this stage? What is the likely outcome from the court hearing? Is an adult caution still possible? And possible to not receive anything on their record?

    Thanks in advance

    Easiest solution is to write to the local Super, include a COPY of the summons and explain the situation. The purpose of a caution is to keep a first time (minor offender) out of court.


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