Garda summons

Haulage21

I am just wondering if anyone knows for sure the process involved in a summons application? I believe the Garda applies to the district court clerk, if this is correct, how long does it take between the application and actually receiving the summons? Thanks in advance.

Lenar3556

https://www.boards.ie/discussion/2058268261/garda-summons

Varies. For many less serious matters the Garda must apply for the summons within 6 months of the alleged offence. Thereafter it is issued and returned to the Garda for service.

Woukd advise speaking to a solicitor in your local district court area. You will get a much better insight.

Gusser09

https://www.boards.ie/discussion/2058268261/garda-summons

What was the alleged offence?

Haulage21

Public order

NUTLEY BOY

Some public order offences are triable on indictment in the Circuit Criminal Court.

What happens depends on the facts and which section of the Criminal Justice (Public Order) Act 1994 is being used.

Link Criminal Justice (Public Order) Act, 1994 (irishstatutebook.ie)

Eire392

Could be up to two years now with covid delays. Do you have any previous convictions? If not you could be eligible for an adult caution or an FCPN. The fact you didn't get a charge is promising in itself for you, might be one of the other options.

Haulage21

It’s not for me thank god, it’s someone that committed a public order offence against me.

they are not suitable for the adult caution.

the summons was applied for within the 6 month time frame but I don’t think it has been served on this person yet.

that’s my main query really, how long after it’s been applied for will it be served on the person, would it be within a few weeks or would it be months

thanks

phildub

A public order offense does not happen against a person, its a breach of public order. What public order offense are you referring to?

Garda has to apply within 6 months. In Dublin now it could be over a year in some cases before summons is received

Haulage21

Thank you.

This was threatening behaviour by someone towards me, not Dublin.

Would I be correct in saying that the Gardai apply to district court for the summons and then once the summons is completed, it goes back to the Gardai to serve on the person?

phildub

Well it's threatening and abusive behaviour in a public place, you wouldn't be named on the summons

I dont know how it works outside Dublin but yes the garda serve the summons

Haulage21

Any idea how long it takes for the district court to complete the summons and send it back to the Gardai? Thank you

Eire392

https://www.boards.ie/discussion/comment/119785046#Comment_119785046

How long is a piece of string unfortunately. Even assuming there are no issues with serving the summons could be 12 to 18 months depending on the backlog in your court area. Realistically it could be two years from the date of the incident to court or even longer

AnnaStezia

Out of interest, could the District Court judge to take the view when they hear the evidence to refuse jurisdiction and send the case to the Circuit Criminal Court for sentencing ?

Is it right that a refused jurisdiction case sent to the CCC could still end up with the Circuit Court judge imposing a sentence that would fall within the jurisdiction of the District Court ?

Witcher

No it couldn't be sent forward.

phildub

The public order offense in question cannot be sent forward. But if it was, for example a violent disorder, then it could be and in that case they could impose any sentence they want. So yes it could be under 12 months, or even fully suspended