Summoned to court but case no listed

dwsof88 · 04-09-2024 11:11PM #1

Hi all,

So I got summoned to court for a road traffic offence. I showed up early in the right court on the right date.

Summons said for half 10 so long story short I m sitting there and there going through all the cases. Next thing I know there into the next time slot. So I double check my summons and make sure everything is ok and it is.

I went outside and checked the listing and my case is not listed. I asked a barrister there and he said it's like it never happened as the Garda would now have to re apply to the court and it would be out of its time limit.

So court day ended and that was that or so I thought. Today 10 months on I get a new summons in the door for the same thing.

Can anyone help with regards to the legality of this and what are my rights with regards to this?It is just 3 years removed from the incident.

Thank you in advance

3DataModem · 05-09-2024 07:26AM

IANAL

Did you bring representation to the first hearing? It probably got cut because the Garda didn't want to show up. Had your representation being present they might have ensured it was heard per the summons and gotten it struck out.

phildub · 05-09-2024 10:29AM

What is the date on the new summons? It should be dated within 6 months of the alleged offence.

Claw Hammer · 05-09-2024 03:40PM

https://www.boards.ie/discussion/comment/122584832#Comment_122584832

A summons only has to be applied for, not issued within 6 months of the offence. Again the 6 months is sometimes changed.
by law. The key issue for the o/p would be if the summons he got is a re-issue based on the original application or a fresh application pertaining to the same offence.

Robbo · 05-09-2024 04:01PM

https://www.boards.ie/discussion/comment/122586115#Comment_122586115

More often than not, and in particular with road traffic offences, section 10(4) of the Petty Sessions (Ireland) Act 1851 is explicitly disregarded. I think things are at the point now where it's more useful to assume that it doesn't apply for summary offences. The Roads Traffic and Roads Act 2023 extended out a load of limitation periods.

dwsof88 · 05-09-2024 10:45PM

No I didn't have one. As the whole case was a shambles. I had 2 witness the Gard never followed up on and where the accident happened there was a mountain of CCTV never got either. Basically just took statements and didn't even manage to get that right. Than when I challenged about these details they wouldn't email back about and rang trying to tell me the above would make no difference.

I did email the Garda superintendent about this when I received the summons so wondering had that got something to do with it.

Following on have a complaint in with the ombudsman to

dwsof88 · 05-09-2024 10:51PM

I should also add we are just 3 years removed from the accident I don't know if that would make any difference

Lenar3556 · 05-09-2024 10:55PM

https://www.boards.ie/discussion/comment/122587381#Comment_122587381

What is the charge?
3Yrs of a delay won’t do the states case any good, but it’s unlikely to be struck out for that reason alone.

dwsof88 · 06-09-2024 06:39AM

It was for careless driving.

Long story short of it I had a bloke throw himself across my bonnet.

This is why I followed up with ombudsman man etc because if the Garda had just done there job I wouldn't have to deal with any of this.

Summoned to court but case no listed

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