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Common Informer - statutory prosecution of offences

  • 23-05-2012 10:43pm
    #1
    Corruptable
    Registered Users Posts: 317 ✭✭


    I believe this may have been covered before, or I read it somewhere before some months ago in a textbook that if an Act has a section relating to the prosecution of offences by a specific body, then a private prosecution can't be taken under the Act.

    For instance, in section 30(1) of the Control of Dogs Act, 1986 - An offence under this Act may be prosecuted by the local authority in whose area the offence was committed.

    Am I right in saying that this means a common informer could not bring a prosecution under section 10 of the Petty Sessions Act, 1851 (the common informer procedure).

    Thanks again lads.


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    To be honest I am only guessing, but it seems to me section 30 only gives the LA a power and does not remove any other power to prosecute. Section 22 allows any interested party to bring the matter to the DC.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    A body corporate can't prosecute as common informer so would need statutory authorisation to prosecute which this appears to give to a council.

    The provisions allowing prosecution by common informer usually are overridden by a statutory provision requiring prosecutions to only be brought with the consent of the DPP (or Attorney General)


  • #4
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Corruptable wrote: »
    An offence under this Act may be prosecuted by the local authority .

    Thats what jumps out at me, if it was only the local authority the highlighted word would be "shall". So I would bet that a common informer could bring an action under the Act.


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