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Question re- procedure of summons

  • 30-01-2009 09:20PM
    #1
    Registered Users, Registered Users 2 Posts: 36


    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 ?


Comments

  • Registered Users, Registered Users 2 Posts: 1,336 ✭✭✭EC1000


    Potentially a bench warrant for your arrest!


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


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


  • Registered Users, Registered Users 2 Posts: 36 brianof


    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 ?


  • Registered Users, Registered Users 2 Posts: 1,336 ✭✭✭EC1000


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


  • Registered Users, Registered Users 2 Posts: 36 brianof


    Just to clarify ... not me :)


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  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    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.


  • Registered Users, Registered Users 2 Posts: 1,229 ✭✭✭Dan133269


    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?


  • Closed Accounts Posts: 651 ✭✭✭CLADA


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


  • Registered Users, Registered Users 2 Posts: 36 brianof


    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.


  • Registered Users, Registered Users 2 Posts: 268 ✭✭happyhappy


    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.


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  • Registered Users, Registered Users 2 Posts: 1,229 ✭✭✭Dan133269


    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


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    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


  • Registered Users, Registered Users 2 Posts: 268 ✭✭happyhappy


    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!!


  • Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    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.


  • Registered Users, Registered Users 2 Posts: 268 ✭✭happyhappy


    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.


  • Registered Users, Registered Users 2 Posts: 36 brianof


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


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