Can one still be charged if not arrested?

martin123123

Hi

Can one be still charged with an offence if the were never arrested?
My son was stopped by police for fighting after a night out.
His details were taken but he was let go.He told me this is all that happened.
Am i being overly parentally paranoid or i can it still be possible to get a court date through the post?
Any information appreciated
Thanks,
Martin

Reloc8

He can be summonsed, or later arrested for the purpose of charge, depending on the nature of the offence.

He could also be contacted as regards a potential adult caution or juvenile liaison (JLO) depending on age.

A summons for a summary (minor) offence must be applied for within 6 months of the date of the offence. It doesn't have to be served (delivered) within a set time period. About a year later is not unusual.

An arrest for charge would only apply for a considerably more serious offence. For instance, scuffling with someone, no blood drawn, no black eye = summary (minor). A broken nose or any stitches though brings it into a more serious (indictable) matter. There is no time limit for a case to be brought either by summons as described above, or by an arrest after the event for the purposes of charge.

An adult caution or JLO happens for the more minor stuff. If it isn't accepted a prosecution can commence, so it is usually dealt with inside of six months after the incident so that if necessary a summons can be applied for within time.

None of this relates to how likely or otherwise it is that your son will be prosecuted and is not meant to add to your worry but your question called for a factual answer.

I would suggest leaving well enough alone up to a point. If you were very concerned you could see if your son knows the name and station of the gardai involved and make an enquiry there. If he doesn't know this you will just have to wait and see.

In the event that this was a 'serious' (indictable) incident I would think this would however be sooner rather than later, so no news is good news.

Spacedog

He'll be fine. Cops break up hundreds of fights in town over the weekend. They can hardly be bothered following up on real crimes, let alone street scuffles and the like.

As a matter of fact, they like to take an hour break between 2 and 3am, so that when the clubs empty, they are nowhere to be seen when all the scraps break out, then show up after to take names and bandage heads. I cant say I blame them for not wanting to deal with that circus, but it's not good that there is no-one there in the event of a dangerous incident or even a fatality.

SD.

martin123123

Thanks for the replies..
Indeed was was looking for the legal facts.
He told pretty minor,no injuries to either party.
I guess ill just let it be so...

Thanks

MagicSean

There is always the possibility that he can be arrested and detained for questioning if some injuries come to light. For example if the other guy discovered he had a cracked rib or something like that which wasn't immediately known.

Sempai

Spacedog wrote: »

He'll be fine. Cops break up hundreds of fights in town over the weekend. They can hardly be bothered following up on real crimes, let alone street scuffles and the like.

As a matter of fact, they like to take an hour break between 2 and 3am, so that when the clubs empty, they are nowhere to be seen when all the scraps break out, then show up after to take names and bandage heads. I cant say I blame them for not wanting to deal with that circus, but it's not good that there is no-one there in the event of a dangerous incident or even a fatality.

SD.

bit of a contradiction there!

MagicSean

Sempai wrote: »

bit of a contradiction there!

Rants aren't often well though out