Can a summons be resubmitted?

crazyworld11

Hi there I was wondering can a summons re resubmitted to me if the first one was not within 7 days. The alleged driving offence took place years ago and was wondering could the Garda re apply for the summons even though it was years ago and the first summons was could not be served because of the timeframe??

ieoinu

Yup, summonses can be re-dated indefinitely.

crazyworld11

ieoinu wrote: »

Yup, summonses can be re-dated indefinitely.

Hi yes but after six months they can not go to the courts with the same complaint? Is that true you think?

gustafo

crazyworld11 wrote: »

Hi yes but after six months they can not go to the courts with the same complaint? Is that true you think?

As long as the first summons was issued within 6 months it can be re issued any time after that, it can be 8 months, 2 years, 5 years or longer it really doesn't matter they can re issue it anytime, it does not matter whether you signed for the first summons or not they can just have it brought up any time,

Now if you get the summons and the stamp shows on it that it was not issued in the first 6 months since the offence then you have a case and it can be struck out.

crazyworld11

gustafo wrote: »

As long as the first summons was issued within 6 months it can be re issued any time after that, it can be 8 months, 2 years, 5 years or longer it really doesn't matter they can re issue it anytime, it does not matter whether you signed for the first summons or not they can just have it brought up any time,

Now if you get the summons and the stamp shows on it that it was not issued in the first 6 months since the offence then you have a case and it can be struck out.

Ok thank you I was thinking that. Then the likely thing would be noting would happen because it's been years. So should I worry about it?

gustafo

crazyworld11 wrote: »

Ok thank you I was thinking that. Then the likely thing would be noting would happen because it's been years. So should I worry about it?

yes i would worry about it because it happened to me, i was done for a driving offence and before i got the summons i got the chance to head abroad to work for a while so i just went, when i came back nearly 3 years later i didn't hear nothing about it for 7 or 8 months so i thought i got away with it, then 1 day a cop called to my house with the summons.

So i went to court and was done.

Our man in Havana

With a competent solicitor a delay of 3 years would lead to having the case being struck out.

Kosseegan

Our man in Havana wrote: »

With a competent solicitor a delay of 3 years would lead to having the case being struck out.

Not if the delay was caused by the defendant avoiding service!

crazyworld11

Our man in Havana wrote: »

With a competent solicitor a delay of 3 years would lead to having the case being struck out.

It happened in 2005 so I presume it is not going to happen. Spoke to a police man and he said there are limitations on it so noting can happen. Even though it is as east to press the button on the computer to re submit it. You always get different people saying different things!

ieoinu

crazyworld11 wrote: »

Hi yes but after six months they can not go to the courts with the same complaint? Is that true you think?

No. It depends on the type of offence, if proceedings are commenced (i.e. summons applied for within the Statutory time, normally 6 months) the summons can be re-dated as many times and for as long as is necessary to bring the accused/defendant before the Courts. It will only be struck out if there is a case made by the defence that the delay was brought about by the prosecution. Some offences/crimes are not subject to the statutory period of limitations and since the Criminal Justice Act 2006 none are with the consent of the DPP. Basically if you do something and run away and hide it will always be waiting for you, but if you do something and it only gets to Court years later you'd have a good chance of getting it struck out. But every case is dealt on it's own merits.

crazyworld11

ieoinu wrote: »

crazyworld11 wrote: »

Hi yes but after six months they can not go to the courts with the same complaint? Is that true you think?

No. It depends on the type of offence, if proceedings are commenced (i.e. summons applied for within the Statutory time, normally 6 months) the summons can be re-dated as many times and for as long as is necessary to bring the accused/defendant before the Courts. It will only be struck out if there is a case made by the defence that the delay was brought about by the prosecution. Some offences/crimes are not subject to the statutory period of limitations and since the Criminal Justice Act 2006 none are with the consent of the DPP. Basically if you do something and run away and hide it will always be waiting for you, but if you do something and it only gets to Court years later you'd have a good chance of getting it struck out. But every case is dealt on it's own merits.

Hi thanks for a detailed reply. Your very good. It was for not producing documents back in I think 2005 for the car, forgot. Then about a year or more later the summons arrived but the court date was in 2 days time so it wasn't given and that's all I heard from it.

It's the inconvenience and the not knowing. I can give documents and show them.

What do you think will happen in your opinion? I know it's 5 or 6 years ago so the likely hood it's noting is going to happen just hate the unknown. What do you think?

Thanks.

Our man in Havana

A case like that would be struck out instantly by any competent judge.