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Question about not being able to attend court on the date

  • 07-04-2013 3:18am
    #1
    Maxpv
    Registered Users, Registered Users 2 Posts: 55 ✭✭


    Hi,

    I have a question, if someone was unable to attend their hearing at the district court, is it possible for their solicitor to represent them in court without the accused being present in the courtroom? Does it make a difference if it is a serious offence? If this is possible, is this usually looked down on by judges?

    Also, it is my understanding that in certain circumstances, a solicitor can ask the judge to suspend the case to a future date (for example, if the defendant needs more time to build a defence), am I correct in saying this? Can this still happen, even if the accused is not present in court?

    Also, this last question is probably off-topic but I don't see a need to make a new thread over it, if a person is unable to receive a summons (for example is out of the country) can their solicitor be given the summons instead (with the person's permission of course)? What I'm basically asking is, if someone is no longer in the country, can they be somehow, willingfully, be served a summons so that the proceedings can continued on?


Comments

  • #2
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    There will likely be a bench warrant issued for the accused. If its an indictable offence there may also be extradition proceedings. In some cases a solicitor can plead guilty for someone but the fact you delayed the case as far as a hearing and then didn't even turn up will likely annoy the judge.


  • #3
    Corkbah
    Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    Blazr wrote: »
    Hi,

    I have a question, if someone was unable to attend their hearing at the district court, is it possible for their solicitor to represent them in court without the accused being present in the courtroom? Does it make a difference if it is a serious offence? If this is possible, is this usually looked down on by judges?

    Also, it is my understanding that in certain circumstances, a solicitor can ask the judge to suspend the case to a future date (for example, if the defendant needs more time to build a defence), am I correct in saying this? Can this still happen, even if the accused is not present in court?

    Also, this last question is probably off-topic but I don't see a need to make a new thread over it, if a person is unable to receive a summons (for example is out of the country) can their solicitor be given the summons instead (with the person's permission of course)? What I'm basically asking is, if someone is no longer in the country, can they be somehow, willingfully, be served a summons so that the proceedings can continued on?

    Summons can be served by fax, email or electronically - if the courts give permission, so someone not in the country can be served by other means.

    in a criminal case failure to appear would imply that you either wish to avoid any jail sentence and have possibly done a runner....a solicitor can apply for an adjournment in your absence but its more than likely failure to appear would result in a bench warrant issued or solicitor can ask the court for an adjournment to facilitate a community service report or similar reports (psychiatric etc) ..or following a guilty plea the judge may adjourn for various reports etc. if he/she considers the case to be one which does not require a custodial sentence.

    of course I'm not legally trained


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


    Corkbah wrote: »
    Summons can be served by fax, email or electronically - if the courts give permission, so someone not in the country can be served by other means.

    in a criminal case failure to appear would imply that you either wish to avoid any jail sentence and have possibly done a runner....a solicitor can apply for an adjournment in your absence but its more than likely failure to appear would result in a bench warrant issued or solicitor can ask the court for an adjournment to facilitate a community service report or similar reports (psychiatric etc) ..or following a guilty plea the judge may adjourn for various reports etc. if he/she considers the case to be one which does not require a custodial sentence.

    of course I'm not legally trained

    A bit of law to help http://courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/d331d5a55f7ce5a080256d2b0046a05e?OpenDocument

    Relevant bit "7. A summons may be served in any part of the State and upon service being effected in a manner prescribed by these Rules, the person against whom the complaint is made or the offence is alleged shall be as effectively bound by the proceedings as if he or she resided within the area of jurisdiction of the Judge issuing it or (if issued out of an appropriate office) within the limits of the court area or areas to which the appropriate Clerk whose name is specified on the summons has been assigned."


  • #5
    Corkbah
    Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    ResearchWill wrote: »
    A bit of law to help http://courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/d331d5a55f7ce5a080256d2b0046a05e?OpenDocument

    Relevant bit "7. A summons may be served in any part of the State and upon service being effected in a manner prescribed by these Rules, the person against whom the complaint is made or the offence is alleged shall be as effectively bound by the proceedings as if he or she resided within the area of jurisdiction of the Judge issuing it or (if issued out of an appropriate office) within the limits of the court area or areas to which the appropriate Clerk whose name is specified on the summons has been assigned."

    I have been in court where the judge was asked if they might serve the other side by fax, email, telephone etc .... so I'm guessing those people must have been within the state.

    I did put the proviso that I'm not legally trained.


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,498 ✭✭✭✭coylemj


    Blazr wrote: »
    Hi,

    I have a question, if someone was unable to attend their hearing at the district court, is it possible for their solicitor to represent them in court without the accused being present in the courtroom? Does it make a difference if it is a serious offence? If this is possible, is this usually looked down on by judges?

    Also, it is my understanding that in certain circumstances, a solicitor can ask the judge to suspend the case to a future date (for example, if the defendant needs more time to build a defence), am I correct in saying this? Can this still happen, even if the accused is not present in court?

    If it's the District Court and you notify the prosecuting Garda in advance that you will be represented and your solicitor will be asking for an adjournment for a genuine reason then there shouldn't be a problem but it all depends on the judge on the day given that you say it's a serious offence.


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