Vol. 546 No. 3
325 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform the time period within which a summons must be issued for a drink driving offence; if the summons will be re- issued if thrown out of court by a judge due to non-attendance by a garda; the time limits for a summons to re-issue; and if a person can be charged twice for the same offence. [31361/01]
I am informed by the Garda authorities that Section 10 (4) of the Petty Sessions (Ir.) Act, 1851, which deals with all cases of summary jurisdiction, applies to prosecutions for drink driving offences and provides that "the complaint shall be made within six months from the time when the cause of complaint shall have arisen". The time limit of six months, therefore, applies to the application for the issue of a summons and not the issuing of a summons.
I understand that the Supreme Court has held – DPP – f2>V – Gill [1980] I.R. 263 – that, where a summons is struck out by a court due to non-appearance by a Garda, a fresh summons may be issued in respect of the same offence. Furthermore, if the original application was made within six months, it does not matter that the fresh summons was issued after the expiration of the six months period. The judgment, however, goes on to state that if, because of undue delay in issuing the summons or in bringing it to a hearing, the defendant is unfairly prejudiced in making his defence, natural justice may require that the summons be dismissed.
