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DART prosecution

  • 31-07-2008 6:21pm
    #1
    COM_90
    Closed Accounts Posts: 7 ✭


    Could somebody tell me how the DART services would go about prosecuting me for urinating on Dart property?

    Should i be sumoned to court, which court would it be held in? My district court or the district i was caught in?

    And finally am i being prosecuted by the state?

    Any experiance of this would be greatly appreciated.


Comments

  • #2
    Spike440
    Registered Users, Registered Users 2 Posts: 527 ✭✭✭Spike440


    This is NOT legal advice. This is NOT necessarily correct. If you want legal advice, you should speak to a solicitor.

    I would have thought that this information would be gathered together on a webpage somewhere, but if it is, I can't find it. This is what I could find in 20 mins or so of looking. It's spread out over a number of different acts and regulations which makes it harder to be sure.

    The CIE Bye-laws 1984:
    17. No person shall at any time while upon the railway or in any vehicle use any threatening, abusive, obscene, or offensive language or behave in a riotous, disorderly, indecent or offensive manner, or write, draw or affix any abusive, obscene or offensive word, representation, or character upon, or wilfully soil or defile, the railway or any lift or vehicle, or molest or wilfully interfere with the comfort or convenience of any passenger or person in or upon the railway or in any vehicle.

    There is another provision for soiling the DART itself, but as you said "property", I'm assuming it's somewhere in the grounds of a station.

    Offences under the bye-laws are can be prosecuted by a fixed-penalty notice by the CIE officer. If someone took your name and address at the time then you may be served by a fixed-penalty notice. The standard penalty is €100 unless otherwise provided (and I can't find any other figure), which, if paid within 21 days of service of the notice, means a prosecution will not be brought.

    If no fixed-penalty notice is served, or you fail to pay it, you may be prosecuted in the District Court under section 22(4) of the Transport Act 1950 (as amended by the Railway Safety Act 2005) for breach of the bye-laws. The maximum penalty is a €1000 fine. If a fixed-penalty notice is payed, no conviction will follow.

    As for which District Court you would be summonsed to, I cannot say with certainty but my gut says that there is no hard and fast rule. I would imagine that it would be the District Court in which the offence took place unless there was some great reason to move it somewhere else. I'm open to correction on this!

    Lastly, all crime is prosecuted by the State in one form or another. While most offences are prosecuted by the DPP, there are certain offences which are prosecuted by statutory bodies like the Revenue Commissioners, the Competition Authority or CIE. So while CIE bring the prosecution, it is exercising delegated State authority to do so.


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