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Garda Adult Caution - Wrong dates

  • 03-09-2013 7:19pm
    #1
    Registered Users, Registered Users 2 Posts: 51 ✭✭


    Hi I was recently arrested for public order offence. I was sent out a letter telling me i am getting an adult caution. Incident occurred on 25/08/13.
    Date on top of letter is 27/06/13 it has a stamp with date 27/08/13 and states the incident took place on 25/05/13. Could any one advise if these clerical errors could get me off with my adult caution?


Comments

  • Banned (with Prison Access) Posts: 66 ✭✭boarsboard




  • Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Hi I was recently arrested for public order offence. I was sent out a letter telling me i am getting an adult caution. Incident occurred on 25/08/13.
    Date on top of letter is 27/06/13 it has a stamp with date 27/08/13 and states the incident took place on 25/05/13. Could any one advise if these clerical errors could get me off with my adult caution?

    It's a clerical error. If you go back to the Gardaí and inform them all they will do is issue a corrected letter OR maybe get pXXxED off with you and decide to charge you instead.
    Get away while the going is good!


  • Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    This is is a general statement on typos and such like.

    The large amount of publicity surrounding Garda difficulty in keeping dates (Judge Curtin) or getting addresses right (see my location) has led to serious confusion about the invalidating power of typos.

    So let it be clear. Misdescriptions, omissions and typos which are not substantive (error does not undermine jurisdiction nor fail to meet statutory requirements) should not be invalid.

    Having the wrong date on your speeding ticket or caution is not comparable to having the wrong dates on a warrant to search your dwelling.

    It isn't enough that there be an error. You have to show the error is capable of causing some real injustice.


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