Section 19 - Road Traffic Act

ABBACA

Hi,

can someone confirm when you are meant to receive a copy of the written statement by a Garda following giving a blood or urine test? (Section 19 RTA) Is there a time fame it must be sent by or does it arrive with summons? Thanks

Victor

There are many Road Traffic Acts, distinguished by date. Which one are you referring to?

STB.

The OP is referring to the 2010 Act where the member of AGS is required to send a copy of the statement to the person arrested under Part 2 of the Act and having been required to provide a blood sample.

http://www.irishstatutebook.ie/eli/2010/act/25/section/19/enacted/en/html

A copy of a statement required by this section to be served on a person may, be served—


(a) by delivering it to him or her,

(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or

(c) by sending it by registered post to him or her at his or her usual or last known residence or place of business.

ABBACA

STB. wrote: »

The OP is referring to the 2010 Act where the member of AGS is required to send a copy of the statement to the person arrested under Part 2 of the Act and having been required to provide a blood sample.

http://www.irishstatutebook.ie/eli/2010/act/25/section/19/enacted/en/html

A copy of a statement required by this section to be served on a person may, be served—


(a) by delivering it to him or her,

(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or

(c) by sending it by registered post to him or her at his or her usual or last known residence or place of business.

Correct - Road Traffic Act 2010, Section 19.
Can anyone confirm if there is a time frame this statement must be recieved by or if it arrives with the summons? I cannot find any information on it. Thank you

Peregrinus

No, there's no time limit.

The effect of s.19 is that the written statement, correctly served, is prima facie evidence of the facts set out in it, which means that in any court proceedings the statement will be taken as proof that these facts happened, unless the defendant puts in evidence to show that they didn't.

What this means, in effect, is that the statement has to be served before the matter comes on for trial. If it's served too shortly before the schedule trial date, the defendant can ask to have the trial adjourned (or he can ask to have the charges dismissed, but I doubt if that would be successful).

So, the practical deadline for serving the statement really depends on the progress of the case; the sooner the case comes on for trial, the sooner they have to serve the statement. But there's no fixed time limit.

In practice, of course, I suspect they serve out the statement as a matter of routine as soon as is convenient after it's ready. There's no reason to prepare the statement and then sit on it until (say) two weeks before the trial, and then serve it.

Kevin3

There is no requirement on gardai to serve the statement. This section was brought in to free up gardai from having to attend court to give evidence by those who are trained to use the evidential breath machines at the garda stations (frequently a garda other than the arresting garda).

It is an option for the prosecution. To be honest I've never seen it happen and I can see issues, for example, the defence feels that the statement is lacking in detail or if they wanted to ask specific questions regarding the procedure they wouldn't be able to do so. But then I expect it could be adjourned to allow that garda to give evidence.

You can apply for all statements and exhibits in court.

GM228

Kevin3 wrote: »

There is no requirement on gardai to serve the statement. This section was brought in to free up gardai from having to attend court to give evidence by those who are trained to use the evidential breath machines at the garda stations (frequently a garda other than the arresting garda).

It is an option for the prosecution. To be honest I've never seen it happen and I can see issues, for example, the defence feels that the statement is lacking in detail or if they wanted to ask specific questions regarding the procedure they wouldn't be able to do so. But then I expect it could be adjourned to allow that garda to give evidence.

You can apply for all statements and exhibits in court.

In such a case the S19 statement can't be deemed to be sufficient evidence of the facts and sufficient evidence of compliance by the Gardaí with the requirements imposed on them under sections 12(1), 14(1) or 14(3A) of the 2010 Act if it wasn't served on the accused. It must be served to fulfill it's purpose of being sufficient evidence.

Kevin3

GM228 wrote: »

In such a case the S19 statement can't be deemed to be sufficient evidence of the facts and sufficient evidence of compliance by the Gardaí with the requirements imposed on them under sections 12(1), 14(1) or 14(3A) of the 2010 Act if it wasn't served on the accused. It must be served to fulfill it's purpose of being sufficient evidence.

What I'm saying is that section 19 doesn't have to be relied upon by the prosecution at all. Evidence of compliance of the requirements of the sections mentioned can be given by direct evidence by the garda. It isn't required to be given solely by the section 19 process.

GM228

Kevin3 wrote: »

What I'm saying is that section 19 doesn't have to be relied upon by the prosecution at all. Evidence of compliance of the requirements of the sections mentioned can be given by direct evidence by the garda. It isn't required to be given solely by the section 19 process.

Correct, there is no requirement to serve a S19 statement, but if it is to be used as evidence without a Garda present then it must be served. (I took it you were saying that it didn't need to be served even when being relied upon).

ABBACA

GM228 wrote: »

Correct, there is no requirement to serve a S19 statement, but if it is to be used as evidence without a Garda present then it must be served. (I took it you were saying that it didn't need to be served even when being relied upon).

So basically if they don't serve the statement as per S.19 and then on the court date the gardai involved on the night are not present, it cannot be accepted as evidence? Is this grounds to get case thrown out or merely adjourned?

Peregrinus

If that happens, there has been a stuff-up. Either the statement was supposed to have been served, but wasn't, or the guard was supposed to be in attendance, but isn't. Either way, when they realise they have stuffed up, the prosecution will apply for an adjournment. The defence can apply for a dismissal. The court can grant either application.

ABBACA

Peregrinus wrote: »

If that happens, there has been a stuff-up. Either the statement was supposed to have been served, but wasn't, or the guard was supposed to be in attendance, but isn't. Either way, when they realise they have stuffed up, the prosecution will apply for an adjournment. The defence can apply for a dismissal. The court can grant either application.

Thank you. This applies also if the superintendent (or similar) is present to represent the Gardai involved on the night but was not there himself?

Peregrinus

I would think so, yes. The superintendent can't give evidence of facts not within his own knowledge.

Kevin3

All this being said, all the garda witnesses will only be required to be at court on the hearing date after a not guilty plea has been entered. In all preliminary appearances the prosecution can be represented by a court presenter.