Application of Summons to District Court i.ie Time Limit

gmarty

On 19th november 2010 I made the biggest silliest mistake of my life, after I was found to be with possession of a substance (two head shop tabs after a night out). 100% clean record up to then.

I was never arrested or received a charge sheet on the night, the following day I went to the Garda station to give a voluntary statemen as I was terrified about what was going to happen. Not even then did I get summons or charge sheet.

This year in Feb I was applying for a job and "Possession of Substance came up on my Garda vetting as Pending", I talked with the Garda in question and he told me that I should have been in court on December 7th 2010, the summons was not served and it was struck out, and never received any notification about it.

My problem is I have just received another summons for September 2012, but on the summons the application to the district court was made on 31 August 2011, have they breached the 6 month time limit, can some one tell me if this summons is void and if it is possible that I do not have to wait to get it sorted until September.

What I had in my possession was not even a drug, but a component that is found in head shop products. Thank you.

Date of incident November 19th 2010
Date of application to district court for summons 31 August 2011
I received the summon 18 May 2012

ResearchWill

Go to a solicitor.

gmarty

my solicitor dealing with it is nott around due to a death in the family, i just wanted to hear some opinions around it, not sarcasm

ResearchWill

gmarty wrote: »

my solicitor dealing with it is nott around due to a death in the family, i just wanted to hear some opinions around it, not sarcasm

It was not sarcasm it was good advice, you never said you had a solicitor. No one here can see you summons to see if it was reissued on the relevant date or if it was newly issued.

There are a number of issues around head shop products, the treatment of same changed around the end of 2010. Your solicitor will be able to tell you if the product you had is covered by the new legislation.

gmarty

my apologies to you, thank you very much for the advice.

gmarty

to ResearchWill, i do remember the garda telling me that he re-issued the summons. if it was re-issued does the date of the original application stand.

ResearchWill

gmarty wrote: »

to ResearchWill, i do remember the garda telling me that he re-issued the summons. if it was re-issued does the date of the original application stand.

As long as the original application was in time, it may be ok. The issue of total delay is another issue. There is some case law that says a delay of just over 2 years to hearing is too much. Your hearing will not be September as that is its first day in court and you are entitled to copy statements.

BTW this is why I said go to a solicitor, your original post left out 3 very important bits of info 1 the reissue of the summons 2 the product you had 3 the fact that you had a solicitor instructed. He will inform you of all these matters, the issue will have to go on in September and further return dates, so all the legal arguments can be made. If I was you I would try and relax and speak to solicitor as soon as he can.

gmarty

thank you, i know i am panicking but its draging out and i cant seek emplyment until it sorted, anyway i will take your suggestions onboard and talk it with my solicitor. thanks agains