Question re- procedure of summons

brianof · 30-01-2009 09:20PM #1

If a summons is dropped through the letterbox of a multi-occupancy house where there is no guarantee that it got to the person intended, or that that person even lived there; and consequently they missed their court date, what happens in this case? Do they get another summons? If so, what is to stop the same thing happening to this summons and the next, and the next etc ? Are there are a set number of summons' that go out? Surely there is an eventual requirement for the summons to be handed over in person, to ensure proper delivery? And if that is the case, does one dropped through a letterbox not seem a little presumptuous on the part of the officer?

What is the procedure and consequences usually followed in the case of a missed summons ?

EC1000 · 30-01-2009 09:59PM

Potentially a bench warrant for your arrest!

Jo King · 31-01-2009 09:53AM

It is also possible that you could be convicted and fined in your absence.

brianof · 31-01-2009 11:22AM

So there's no legal requirement at any point in the process to verify that any summons has ever been in the hands of the intended recipient ?

EC1000 · 31-01-2009 04:07PM

They would definitely clarify these points after they arrest you...

brianof · 31-01-2009 04:16PM

Just to clarify ... not me

dermot_sheehan · 31-01-2009 04:24PM

Order 10 rule 5 District Court Rules

5. Save where otherwise provided by statute or by Rules of Court, service of a document shall be effected upon a person in the State by delivering to that person a copy thereof or by leaving the copy for that person at his or her last or most usual place of abode, or at his or her office, shop, factory, home or place of business with that person's husband or wife, as the case may be or with a child or other relative (apparently residing with that person) of that person or of his wife or her husband as the case may be, or with any agent, clerk, servant or employee of that person, or with the person in charge of the house or premises wherein that person usually resides, provided that the person (other than the person upon whom service is to be effected) with whom the copy is left is not under the age of sixteen years and is not the person instituting the proceedings.

Dan133269 · 31-01-2009 04:59PM

hello wanted to ask a question but doesn't merit its own thread so i thought i'd throw it in here. As far as my legal knowledge goes, I understood that the central criminal court i.e. the high court acting in its criminal capacity enjoys exclusive jurisdiction over all serious crimes e.g. murder rape etc. I saw on the news the other night that a fella in Limerick is being tried with murder in Limerick district court. Anyone care to explain?

CLADA · 31-01-2009 05:08PM

Maybe confusing "tried with murder" with "charged with murder".

brianof · 31-01-2009 05:13PM

gabhain7 wrote: »

Order 10 rule 5 District Court Rules

Am I wrong in thinking that order specifically says the summons has to be handed to somebody and not dumped in a letterbox.

happyhappy · 31-01-2009 05:17PM

Dan133269 wrote: »

hello wanted to ask a question but doesn't merit its own thread so i thought i'd throw it in here. As far as my legal knowledge goes, I understood that the central criminal court i.e. the high court acting in its criminal capacity enjoys exclusive jurisdiction over all serious crimes e.g. murder rape etc. I saw on the news the other night that a fella in Limerick is being tried with murder in Limerick district court. Anyone care to explain?

every criminal case starts in district court, book of evidence is then served there and the is sent forward for trial to circuit court or central criminal court.

Dan133269 · 31-01-2009 05:20PM

happyhappy wrote: »

every criminal case starts in district court, book of evidence is then served there and the is sent forward for trial to circuit court or central criminal court.

i see. thank you

dermot_sheehan · 31-01-2009 07:03PM

On a technical point,

it's possible for a person to be summoned/charged directly before the special criminal court so that trials in that court don't have to go through the district court

happyhappy · 31-01-2009 07:39PM

gabhain7 wrote: »

On a technical point,

it's possible for a person to be summoned/charged directly before the special criminal court so that trials in that court don't have to go through the district court

true true true, i agree. i was only answering the question about the limerick murder case though!!

dats_right · 01-02-2009 10:23AM

brianof wrote: »

Am I wrong in thinking that order specifically says the summons has to be handed to somebody and not dumped in a letterbox.

Yes, you are wrong. "by leaving the copy for that person at his or her last or most usual place of abode", this means it is sufficient to "dump" in a letterbox as you put it.

happyhappy · 01-02-2009 12:52PM

is this just not a different way of saying leaving it at his last place of abode?? how bout 'it was placed in the letterbox' as opposed to 'dumped'. surely the use of language can't determine wheter a summons served in a letter box is proper service?? it appears to me that it is proper service.

brianof · 02-02-2009 02:29PM

I just want to thank everyone for their help and information. Much appreciated.

Question re- procedure of summons

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