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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22564
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Criminal law how do you know when a summons is a summary

Customer Question

Criminal law how do you know when a summons is a summary offence or indicatable offence
Submitted: 11 months ago.
Category: UK Law
Customer: replied 11 months ago.
What's the time limit that a summary offence summons has to be served
Expert:  Stuart J replied 11 months ago.
What is the offence? Each offence has its own court category.Lesse offences tend to be summary only. Let me know what the offence is and I will let you know
Customer: replied 11 months ago.
It should be irsh law .
Customer: replied 11 months ago.
Theft of fencing materials the so called value is 580 euros . It should be a civil matter but Garda and Dpp decided to prosecut .its about a field our famaily bought 3 fields in 1958 but one didn't go on the land register the new owner tried to fence it of but I stopped them and took what they had fenced down but I had informerd the Garda I was taking it down and I also send the new owners a solicitors letter now they want to prosecuted me for theft the matter is here in ireland
Expert:  Stuart J replied 11 months ago.
It can be tried summarily provided the penalty is not more than £1500 or a jail term exceeding 12 months. Neither of which seem likely here. Here is the statutory provision. http://www.irishstatutebook.ie/eli/2001/act/50/section/53/enacted/en/html#sec53 The time limits are six months for a summary offence although in practice, for an indictable offence, there is no time limit http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/time_limitations.html
Customer: replied 11 months ago.
How do I know if it is a summary offence as the summons is 9 months later when applied for . Can this case be knocked on the head on the same day .And how do I complain if it's summary offence and there out of date .
Expert:  Stuart J replied 11 months ago.
Theft is triable either way.It is dealt with either one way or the other.You would only whether it’s summary or indictment by which court it has been referred to and you have been summoned to appear in.If they are out of date, raise the issue with the Garda prior to the trial and they take no notice, raise it in court with a view to getting it thrown out.
Customer: replied 11 months ago.
Thanks for your reply but I don't under stand your answer I have been summonsed to district court to be accused of stealing fencing materials worth 580 euro .is this summary offence or indicatable offence , it should be civil mater don't know why Garda wants to proscute I don't even have a parking fine never been in trouble can this be knock on the head on same day.
Expert:  Stuart J replied 11 months ago.
Theft is either way. That means either summary or indictment.You can choose which court or if the Garda decide that the summary sentencing powers are not enough, they can try it on indictment
Customer: replied 11 months ago.
If I choose what court I don't get to choose what court it's up to the judge to chose .
If the judge directs it to district court is it not summary and summons out of date
Expert:  Stuart J replied 11 months ago.
I’m not certain what you’re saying. For and either way offence, you can choose to have it tried on indictment

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