How long for case to be called to court

ImDave

Hi, and apologies if a similar question has been asked prior to this.

My girlfriend's brother was arrested last night for driving under the influence and auto theft (he stole a friends car). He was also charged with slander while in custody. (By the way, I am not defending the actions of this individual in any way, and he deserves what ever comes his way as a result). I am just wondering how long a case such as this, (which seems to be quite serious) takes to be called to court.

Many thanks for your responces.

Victor

There will be a bail hearing in the district court almost immediately, usually the next day or the next available court day.

After that its very much a matter of whether he pleads guilty, how soon evidence can be prepared and how willing everyone is willing to push forward. If he contests the theft charge, it might be months before it is settled.

But make sure he talks it all out with a solicitor.

pirelli

EI-DAV wrote: »

Hi, and apologies if a similar question has been asked prior to this.

My girlfriend's brother was arrested last night for driving under the influence and auto theft (he stole a friends car). He was also charged with slander while in custody. (By the way, I am not defending the actions of this individual in any way, and he deserves what ever comes his way as a result). I am just wondering how long a case such as this, (which seems to be quite serious) takes to be called to court.

Many thanks for your responces.

It will take some weeks even months for the DPP to make their minds on what they intend to charge and then they will issue their direction at the district court and a trial date will be set. Or they might make a deal and settle it in the district court. Pity it was his friends car and as for slander well thats a serious charge and could face 5 years in prison or a fine of 50,000 euro. The only hope he might have is that the persons slandered are seen as a body corporate i.e The gardai as body cant claim slander but a private member could bring charges against him if his reputation suffered damage although sounds tricky.

Our man in Havana

Since when has slander been a criminal offence?

pirelli

Since 2006

35.—(1) A person who knowingly, and with the intention of caus-ing grave injury to the reputation of a person (other than a body25corporate), publishes or causes to be published a statement contain-ing false allegations concerning the second-mentioned person,thereby causing grave injury to the reputation of the second-men-tioned person, shall be guilty of an offence.

Slander and Libel have been replaced simply by the word defamation and publication has always included verbal so I assume this incorporates the familiar but now legally defunct word slander (in eire).

johnnyskeleton

pirelli wrote: »

Since 2006

35.—(1) A person who knowingly, and with the intention of caus-ing grave injury to the reputation of a person (other than a body25corporate), publishes or causes to be published a statement contain-ing false allegations concerning the second-mentioned person,thereby causing grave injury to the reputation of the second-men-tioned person, shall be guilty of an offence.

Slander and Libel have been replaced simply by the word defamation and publication has always included verbal so I assume this incorporates the familiar but now legally defunct word slander (in eire).

Is that the defamation bill? Did they pass that?

Hobart

johnnyskeleton wrote: »

Is that the defamation bill? Did they pass that?

I'm fairly sure that the 2006 Amendment is still in the Seanad and has not been passed.

I also thought the law surrounding defamation and the body corporate was to be reviewed?

pirelli

The OP said the garda is charging the acccused with slander. OP must be have all his facts mixed up that or the bill or something similar was passed. In irish law slander was not a criminal offence and the only change to that is the wording of the 2006 defamation Bill.


There was an issue with the privacy section but that was months ago. It would criminalise journalism. To think such a fiasco with the media lied to when convenient by the brass and then in turn sued by the same people for lible (MULTIPLE TIMES) when it doesnt suit them and now they want the power to imprison them when it suits them. tsk. Most news on the radio comes from the gardai or state so it's a big business.

johnnysmurfman

Victor wrote: »

There will be a bail hearing in the district court almost immediately, usually the next day or the next available court day.

After that its very much a matter of whether he pleads guilty, how soon evidence can be prepared and how willing everyone is willing to push forward. If he contests the theft charge, it might be months before it is settled.

But make sure he talks it all out with a solicitor.

I assume he's already on bail (station bail). He'll be summonsed to the District Court if the prosecution goes ahead. Then the DPP will direct if it's to be dealt with there (which most likely it will be) or if it's to go forward for hearing in the Circuit Court. Just wait for the summons.

ImDave

johnnysmurfman wrote: »

I assume he's already on bail (station bail). He'll be summonsed to the District Court if the prosecution goes ahead. Then the DPP will direct if it's to be dealt with there (which most likely it will be) or if it's to go forward for hearing in the Circuit Court. Just wait for the summons.

Cheers, he got the summons on Friday, case was heard today, but adjourned until March.

pirelli

EI-DAV wrote: »

Cheers, he got the summons on Friday, case was heard today, but adjourned until March.

Is he being prosecuted for slander, It's appears there isnt an offence in place yet.

pirelli

Just in case there was any confusion. The defamation Bill was put on ICE by Brian Cowen due to the privacy bill and problems from the EU that were critical of it . (censorship) .

It wasnt passed in 2006 or 2007 and I am relying on that from the Irish law guide I have on my computer system that lists all the acts until 2007 .The Irish statute Book but only as far as 2006. When the bill is passed it will change defamation laws in ireland. I havent heard it has been passed.It should have been passed a long time ago but thats nobody's fault as it was slated as being more detrimental to the defendant when the reason it was sought in the first place was in fact to offer a defendant a more balanced status. I apologise if anyone was misled that there was a new defamation act. The above section 35 is from the 2006 defamation Bill and isnt relevant to present law yet.

johnnyskeleton

Information on the progress of bills is available on www.oireachtas.ie.

The defamation bill 2006 has completed the committee stage in the seanad, but hasn't gone to the dail yet.