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What does pending prosecution exactly mean ???

  • 28-08-2015 09:13PM
    #1
    Registered Users, Registered Users 2 Posts: 34


    Hi everyone I'm hoping to get some advice here

    How exactly would someone have a pending prosecution ? Do you have to be arrested etc ? Would you have to be arrested for a criminal offence & also have been charged with the offence to have a pending prosecution ??

    I've tried to research this but I can't find an exact definition

    So I'm wondering if anyone could advise me on what this term means ?

    It'll be greatly appreciated thanks :)


Comments

  • Registered Users, Registered Users 2 Posts: 111 ✭✭themissymoo


    I have no idea to be honest, but you may want to try asking this in the Legal Discussion forum if you get no answer here.


  • Registered Users, Registered Users 2 Posts: 4,066 ✭✭✭Miaireland


    I would have thought that the person had been charged with a crime and is awaiting trial.


  • Registered Users, Registered Users 2 Posts: 25,946 ✭✭✭✭Neyite


    Mod:

    Moved from PI.


  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    Depends on the context, but I'd say that in most contexts there is no prosecution pending unless someone has been charged. An arrest on its own is not sufficient (but nor is it necessary; you can be charged by summons without ever being arrested).


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    It means the cop is doing the paperwork to charge the crook.


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  • Registered Users, Registered Users 2 Posts: 68 ✭✭scrummonkey


    Zambia wrote: »
    It means the cop is doing the paperwork to charge the crook.

    and it may not even result in any actual prosecution proceeding....eg the DPP directs no prosecution or garda investigation fails to uncover necessary evidence or (ahem) the prosecuting garda just does not follow up the alleged offence for what ever reason.


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