Need to be careful, showing up in ct. can validate the summons or the district court judge can still ammend it.
Not showing up may lead to arrest or conviction in absence.
The logic of your argument is the summons has been issued to late so in that way you shouldn't show up...but this is serious. I think the 6 month rule is set out in more recent legislation than 1882. On this basis you could not show up and quote that act in appeal or when they come with the cuffs!! Be very sure of your dates though.
I would say there is no automaticity in any of this and if at all possible pay the fines and negostiate witht the Gaurd as that is the only way you have a gauruntee of the outcome.
NB This should no be construed as legal advice
from oasis
The Summons
Information
In Ireland, instead of arresting you to bring you to court, the Gardai (Irish police force) may serve you with a summons ordering you to appear in court on a particular date at a particular time. Summonses are issued by the District Court after a complaint has been made against you by a Garda.
Usually, summonses are issued in less serious cases where it is not considered necessary to arrest you to guarantee your appearance in court.
Rules
Contents and Service of the Summons
The summons must contain
- the name of the complainant or prosecutor (the Garda or the Director of Public Prosecutions)
- your full correct first name and surname
- your correct address, if known
- details of the offence alleged, stated in ordinary language, including the time, date and place that offence was committed and a reference to the statute that has been breached
- the command or requirement to attend court
- the date, time and place of the court and
- the signature of the issuing authority (i.e., the District Court Clerk or Judge).
Usually the summons will also contain the date the complaint was made to the District Court.
The Gardai may serve the summons on you by sending a copy of it by registered prepaid post. It may also be served by hand or left at your last known abode or place of work or with your spouse, child or other relative.
Adjournments
If you do not appear in court on the date stated in the summons, the District Court may either
- go ahead with the hearing in your absence or
- decide to adjourn the matter. You will be notified of the new date for the hearing.
If, on the adjourned date, you have still failed to appear in court and the District Judge is satisfied you were given reasonable notice of the adjourned hearing, the court may
- issue a warrant for your arrest to bring you to court or
- go ahead with the hearing in your absence.
There are certain rules as regards the
time limitations for commencement of criminal proceedings . Generally, a complaint must be made within 6 months after the offence took place.
If the offence is one that can be tried by a judge and jury (an "indictable offence"), there is no time period for the making of the complaint.
Time limitations for the commencement of criminal proceedings
Information
If the Gardai wish to charge you for a minor offence, they must make a "complaint" (in the District Court) within 6 months after the date the offence was committed.
Minor offences are tried summarily - i.e., by a District Court Judge sitting without a jury. When a Garda makes a complaint in the District Court, a
summons will be served on you requiring you to go to court.
If the offence is not a minor offence, it will tried by a judge sitting with a jury. Generally, there is no time limit for prosecuting non-minor offences 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 his or her decision, the judge will consider 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