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witholding charges

  • 23-01-2008 10:23pm
    #1
    Overheal
    Registered Users, Registered Users 2 Posts: 85,932 ✭✭✭✭


    How long after a statement is made can charges be pressed? For example; if you were to destroy your neighbours tree, etc. And they submit a statement but press no charges: how long after the incident + the statement are submitted do they have to press formal charges for a particular offence?


Comments

  • #2
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Firstly, In this country the Gardaí and the DPP press charges not the injured party. If someone has made a statement the Gardaí send the file to their superintendent/DPP who then decide whether charges should be preferred against the accused. The injured party has no say whether charges will be preferred.

    For Summary offences (this would be one) the prosecutor (Gardaí/DPP) must apply to the district court for a summons within 6 months of the offence. For indictments (murder, rape, drug trafficking etc) there is no time limit.


  • #3
    Overheal
    Registered Users, Registered Users 2 Posts: 85,932 ✭✭✭✭Overheal


    would assault (physical fight; hand to hand) be considered an indictment or a summary offence.


  • #4
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    It depends. OP this is not a hypothetical question regardless of how you frame it. You were warned already. I refer you to my PM yesterday.


This discussion has been closed.
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