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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10594
Experience:  Barrister 17 years experience
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I need assistance on a question what can gardai do or can

Customer Question

i need assistance on a question
what can gardai do or can someone be charged with having threatened to shoot someone over 5 years ago the the person threatened has only gone to gardai after 5 yers without incident.?
the person whom made the threat did so in heat of the moment and was very badly physically assautled by the person whom they made the threat again.
the person whom made the threat is also a severe drug addict adn alcholic.
the drug addict is coming into some money and it appears as if the person whom attacked them is trying to prevent them from coming into their money that they are entitled to i.e. cause them harm
when attacked the drug addict was hospitalised and drug addict did not press charges even through gardai advised very nearly serious assault.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.

1. There is no time limit on criminal proceedings. So, if the Gardai wish, they can prosecute both the assault and the threat to kill after five years, if they so wish. Be aware that a civil action claiming money damages is time barred as more than 3 years have elapsed since the date of the assault and the threat to kill. So even if this person gets money, they wont have to pay out money damages. However, there is still the risk of criminal proceedings depending on the view the gardai take. However, after five years, my own opinion is that the Gardai will let sleeping dogs lie.