# Can summons be withdrawn?



## Mandub (26 Aug 2020)

I got caught with something I shouldn’t have had at a festival a couple of years ago. Summons was to follow but didn’t receive anything. Had a phone call from the same guard in April asking me to confirm my address. The summons was being issued to a previous address so wasn’t served. 
He said given the time that’s passed (2 years) he’d see what he could do. I’m still expecting to receive a summons but over 4 months have passed now and still nothing. 
Do guards have any discretion regarding issuing them? I’m guessing not, otherwise he wouldn’t have went to the effort of finding my current address and phoning me.
Thanks


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## SparkRite (26 Aug 2020)

Yes they do.
A summons must be issued within 6 months of the alleged offence but may not be served until much later.
Summons are withdrawn all the time and many more can go 'missing'.
IMHO you would be getting close to the old adage of 'Justice delayed is Justice denied' time frame.

You must be dreading the postman, but hopefully as time goes on this will ease.


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## cremeegg (26 Aug 2020)

Whatever you do do not contact the guards about this. If they put time into it even just admin they will be looking for a resolution. If it has fallen behind a queue leave it there.


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## Mandub (26 Aug 2020)

Thanks for the replies. 
Yes would like to know one way or the other at this stage but I’m not going to go enquiring about it either!
My thinking was he could have made it “go away” after they couldn’t serve me at my old address (tried several times) but he made the effort to find my new address and phone me, but then his comments on the phone about seeing what he could do given the time that’s passed gave me some hope! I thought that might have been a throw away comment to get me off the phone but it’s been 4 months now and still nothing. Just wasn’t sure if they have any discretion on this. 
Guess I’ll just have to wait it out...


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## Mandub (2 Feb 2021)

So ten months later and still haven’t received anything on this!
I read recently there was a huge backlog in issuance of summons due to covid but I’m hoping that sufficient time has now passed that it may have got “lost” somewhere along the way.

Does anyone know if this will still show on Pulse if I ever need to go to a Garda station for anything? Could I be at risk of reminding them?

Thanks


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## Thirsty (2 Feb 2021)

Trusting that only reason you'll need to go to a Garda station in the future will be to get your passport form signed & you are not on a wanted poster; I've never seen them check their systems. 

Having said that, if you apply for Garda vetting, it might pop up there; but again I suspect the elapsed time will be in your favour.


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## elcato (2 Feb 2021)

I would imagine that due to covid for the last year the courts are only sitting rarely for small offences. My understanding of a summons is that you are summoned to appear in court. If they can't give you  court date you won't get a summons so I presume they are either waiting till they get more capacity or/and just voiding them.


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## Mandub (2 Feb 2021)

Yes we’ll it’s nearly 3 years since the incident took place and almost 10 months since I had the call from the Garda asking for my address as he was issuing it to my old address. I understand they have to reapply every six months or they expire. 

Only way to find out for sure I suppose is to go into a Garda station and ask but think I’ll avoid that for now!


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## SparkRite (2 Feb 2021)

Look, forget about it, easier said than done I know, but I'd lay odds you won't hear of it again.



Mandub said:


> I understand they have to reapply every six months or they expire.


Not correct, see below:-

Order 8, rules 1 and 2 which reads as follows:
_ 
"Renewal of Summons

"1. No original summons shall be in force for more than 12 months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of 12 months to the Master for leave to renew the summons. After the expiration of 12 months, an application to extend time for leave to renew the summons shall be made to the Court. The Court or the Master, as the case may be, if satisfied that reasonable efforts have been made to serve such defendant, or for other good reason, may order that the original or concurrent summons be renewed . . . and a summons so renewed shall remain in force and be available to prevent the operation of any statute whereby a time for the commencement of the action may be limited and for all other purposes from the date of the issuing of the original summons.

"2. In any case where a summons has been renewed on an ex-parte application, any defendant shall be at liberty before entering an appearance to serve notice of motion to set aside such order."_



Mandub said:


> Only way to find out for sure I suppose is to go into a Garda station and ask but think I’ll avoid that for now!



Not just 'for now' would be my advice !


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## Mandub (9 Jun 2021)

So guess what arrived in the post this week, almost three years since the incident occurred :/

The summons has an incorrect address on it (my previous address) and is dated 6th April 2021. The incident occurred on 22nd June 2018 and application was made on 19th July 2018.
I’m going to contact my solicitor but given the time that’s passed and fact that the address is incorrect does anyone think this is worth pursuing or just hope the judge will take this into account on the day?
I know for the judge in question these are normally struck out for a donation to the poor box.


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