court summons

jim 123

just wondering could anyone help

me and friends were stopped last weekend in town by the guards after we damaged a sign. the guards all took our names addresses etc, and said to me and my other friends that we were getting a court summons for criminal damage. just wondering what exactly happens now cause this has never happened to me before?

One of my friends said he was issued one a few years ago by a guard but nothing ever came off it cause the guards usually arnt that botherd about minor stuff like that. so is there a chance they wont botherd with the summons like he says?

If the summons does go ahead does it mean i will have a criminal record and what type of punishment can i expect?

Spike440

You can't get legal advice here and for criminal matters you really should seek legal advice from a solicitor.

If you want some info on the offence of criminal damage, have a look at the Criminal Damage Act 1991.(http://www.irishstatutebook.ie/1991/en/act/pub/0031/index.html)

This is section 2, which provides for the offence in question and the penalties. If a summons was served, it is likely that it would be dealt with summarily (i.e. in the District Court).


2.—(1) A person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property would be damaged shall be guilty of an offence.

(2) A person who without lawful excuse damages any property, whether belonging to himself or another—

( a ) intending to damage any property or being reckless as to whether any property would be damaged, and

( b ) intending by the damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered,

shall be guilty of an offence.

(3) A person who damages any property, whether belonging to himself or another, with intent to defraud shall be guilty of an offence.

(4) An offence committed under this section by damaging property by fire shall be charged as arson.

(5) A person guilty of an offence under this section shall be liable—

( a ) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both, and

( b ) on conviction on indictment—

(i) in case the person is guilty of arson under subsection (1) or (3) or of an offence under subsection (2) (whether arson or not), to a fine or imprisonment for life or both, and

(ii) in case the person is guilty of any other offence under this section, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 10 years or both.

(6) For the purposes of this section a person is reckless if he has foreseen that the particular kind of damage that in fact was done might be done and yet has gone on to take the risk of it.

Spike440

I should also say that for minor offences, the summons must be issued within six months of the incident. After six months it cannot be prosecuted.