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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 1941
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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i have been called as a witness in an appeal against a convisttion

Resolved Question:

i have been called as a witness in an appeal against a convisttion for theft. i am now based in the uk how can i ensure that my travel and accom and subsubstence expenses will be paid if i dont show up is there a chance it will effectt he outcome of the appeal?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 1 year ago.
Firstly, there is no provision for such payments and these will not be covered if you wish to appeal your conviction

Secondly, yes if you fail to appear, the appeal will simply be struck out and the order of the district court will be affirmed

I assume from what you say the conviction is not within the last 14 days. You will therefore have to apply to the relevant District Court for an extension of time for leave to appeal as you have gone beyond the statutory time limit.

You will need to engage a solicitor to assist you with this and you may be entitled to legal aid, depending on your circumstances. However nothing other then this will be covered by the state
Customer: replied 1 year ago.

i am not appealing i am the witness!

Expert:  Ronan replied 1 year ago.
Apologises, I had misread your question. in such circumstances, the state should have supplied a sum of money with the summons for the purposes of your expenses.

If you are a witness for the prosecution in a criminal trial, you should tell the investigating Garda who is dealing with the case what your expenses are. For example, you may miss out on wages for the days that you are in court and you may incur travel expenses to get to court.

The Garda will then make an application to the judge that witness expenses should be paid and if the judge makes an order, you will be given a cheque for your expenses.

If you are a witness for the defence in a criminal trial, you may also be entitled to recover some of your witness expenses. You should tell the solicitor who has summonsed you to come to court what your expenses are.

What will happen if you fail to attend is dependent on the evidence you have to give? If it is not essential the Garda may indicate that your attendance is not required
Ronan, Solicitor
Satisfied Customers: 1941
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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