Contacting Garda to find out if summons will be issued
- Thread starter hacker
- Start date
I can understand your anxiety, while waiting and wondering, but unless you really want this summons, then do NOT contact the Gardai.
The summons must be ISSUED within six months of the alledged offence but does not have to be SERVED within that time period. Indeed I have heard of a summons being served up to a year later.
Just try and put it out of your mind, if it happens, it happens!
I know, easier said than done, but there you go, what else can you do....
Your absolutly right Galway, I just assumed that the OP was referring to a "Summary Offence", but of course may not be. Here is a bit of info on time limits, depending on what the summons is in relation to.
In the case of a summary offence (an offence tried in the District Court before a judge without a jury) the Gardaí must make a complaint to the District Court within six months of the offence being committed. These offences include most Road Traffic Offences like speeding, illegal parking and fixed charge notice offences.
Indictable offences
Section 7 of the Criminal Justice Act 1951 states that the time limits that are provided for summary offences do not apply to an indictable offence (an offence to be tried by a judge and jury in the Circuit Court or the Central Criminal Court). Technically, therefore, there is no time limit for the commencement of proceedings in the case of an indictable offence unless specific legislation provides one.
However, if there is an excessively long delay in prosecuting an offence, the judge may decide not to hear the case. In making the decision, the judge considers whether the delay has reduced your chances of a fair trial, for example, if the delay means that key witnesses are no longer available to give evidence or if the delay could have affected their memory of what happened.
Special time limits
The general time limit of 6 months for commencing proceedings, mentioned above, applies to most offences which are dealt with in the District Court. There are however, some exceptions to this. Because of the nature and difficulty of investigating some offences and of gathering enough evidence to start proceedings, special time limits are applied to them by law. Examples of these offences include the following:
- Under the Wireless Telegraphy Acts, An Post may institute proceedings for unlicensed TV sets at any time within 12 months from the date of the offence .
- Under the Housing (Miscellaneous Provisions) Act 1992 proceedings for an offence may be instituted within 2 years from the date of the offence.
- For offences under the Revenue Acts, proceedings may commence within 10 years from the date of the offence.
- For offences under the Customs Acts, proceedings may commence within 3 years from the date of the offence
Moved to Cars and Motoring which is where all aspects if road traffic law is discussed.
Please post in the correct subforum.
aj
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dd77
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What about contacting Garda after 6 months are gone? I think it should be safe as they cannot make a complaint after that period of time, can they?
I am in a similar situation and I consider to do that once 6 months will be gone (hopefully, they won't send me a summon earlier). I wonder will they be able to tell me this, just on the station?
I am in a similar situation and I consider to do that once 6 months will be gone (hopefully, they won't send me a summon earlier). I wonder will they be able to tell me this, just on the station?